Heavy Vehicle National Law (NSW)
197Exemption from compliance with particular requirements in emergency
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197 Exemption from compliance with particular requirements in emergency
197 Exemption from compliance with particular requirements in emergency
(1) The Regulator may, orally or in writing, exempt a heavy vehicle, or the driver or operator of a heavy vehicle, from a prescribed requirement if the Regulator is satisfied—
(a) the vehicle is being used, or is intended to be used, in an emergency, including, for example, a fire, explosion or natural disaster—
(i) to protect life or property; or
(ii) to restore communication or the supply of energy or water or services, including, for example, sewage disposal; and
(b) granting the exemption will not create an unreasonable danger to other road users.
(2) An exemption granted under subsection (1) may be subject to conditions the Regulator considers appropriate.
(3) If an exemption is granted orally under subsection (1), the Regulator must, as soon as practicable—
(a) make a written record of the exemption and any conditions to which it is subject; and
(b) give a copy of the written record to an operator of the heavy vehicle to which it relates.
(4) An exemption under this section has effect only while the conditions, if any, to which it is subject are complied with.
(5) The Regulator is to notify the relevant road authority of the grant of an exemption under subsection (1) as soon as practicable after it is granted.
(6) In this section—
prescribed requirement means—
(a) a mass requirement; or
(b) a dimension requirement; or
(c) a requirement under Part 4.5, including, for example, a requirement to comply with a condition of an exemption under that Part; or
(d) a requirement under Part 4.6, including, for example, a requirement to comply with a condition of an authorisation under that Part.
relevant road authority, for an exemption granted under subsection (1), means the road authority for the participating jurisdiction in which the road likely to be travelled under the exemption is situated.