62Restriction on grant of vehicle standards exemption (notice)

62 Restriction on grant of vehicle standards exemption (notice)

62 Restriction on grant of vehicle standards exemption (notice)

(1) The Regulator may grant a vehicle standards exemption (notice) for a category of heavy vehicles only if—

(a) 1 of the following applies—

(i) the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent heavy vehicles of that category from operating in the way in which, or for the purpose for which, the vehicles were built or modified;

(ii) the Regulator is satisfied heavy vehicles of that category are experimental vehicles, prototypes or similar vehicles that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;

(iii) the exemption has been requested by a road authority for a participating jurisdiction for the use of heavy vehicles of that category in that jurisdiction;

(iv) the category of heavy vehicles consists of heavy vehicles that, immediately before the commencement of this section in a participating jurisdiction, were not required to comply with a similar standard at that time and were—

(A) registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or

(B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction;

(v) the category of heavy vehicles consists of heavy vehicles referred to in the national regulations for the purposes of this subparagraph; and

(b) the Regulator is satisfied the use of heavy vehicles of the category to which the exemption is to apply on a road under the exemption will not pose a significant safety risk.

(2) In deciding whether to grant a vehicle standards exemption (notice), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.

(3) The national regulations may prescribe additional requirements or restrictions regarding the granting of a vehicle standards exemption (notice).