7Meaning of fatigue-regulated heavy vehicle

7 Meaning of fatigue-regulated heavy vehicle

7 Meaning of fatigue-regulated heavy vehicle

(1) For the purposes of this Law, a heavy vehicle is a fatigue-regulated heavy vehicle if it is any of the following—

(a) a motor vehicle with a GVM of more than 12t;

(b) a combination with a GVM of more than 12t;

(c) a fatigue-regulated bus.

(2) However, subject to subsection (3), a heavy vehicle is not a fatigue-regulated heavy vehicle for the purposes of this Law if it is any of the following—

(a) a motor vehicle that—

(i) is built, or has been modified, to operate primarily as a machine or implement off-road, on a road-related area, or on an area of road that is under construction; and

(ii) is not capable of carrying goods or passengers by road;

Examples for the purposes of paragraph (a)—

agricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader, grader, motor vehicle registered under an Australian road law as a special purpose vehicle (type p)

(b) a motorhome.

(3) For the purposes of this Law, a truck, or a combination including a truck, that has a machine or implement attached to it is a fatigue-regulated heavy vehicle—

(a) if the GVM of the truck or combination with the attached machine or implement is more than 12t; and

(b) whether or not the truck or combination has been built or modified primarily to operate as a machine or implement off-road, on a road-related area, or on an area of road that is under construction.

Example for the purposes of subsection (3)—

a truck to which a crane or drilling rig is attached

(4) For the purposes of subsection (2)(b), a motorhome—

(a) is a rigid or articulated motor vehicle or combination that is built, or has been modified, primarily for residential purposes; and

(b) does not include a motor vehicle that is merely a motor vehicle constructed with a sleeper berth.

(5) For the purposes of this section, the GVM of a combination is the total of the GVMs of the vehicles in the combination.