70Restriction on grant of vehicle standards exemption (permit)

70 Restriction on grant of vehicle standards exemption (permit)

70 Restriction on grant of vehicle standards exemption (permit)

(1) The Regulator may grant a vehicle standards exemption (permit) for a heavy vehicle 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 the heavy vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified;

(ii) the Regulator is satisfied the heavy vehicle is an experimental vehicle, prototype or similar vehicle that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;

(iii) the heavy vehicle, immediately before the commencement of this section in a participating jurisdiction, was not required to comply with a similar standard at that time and was—

(A) registered under an Australian road law of that jurisdiction; 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; and

(b) the Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant safety risk.

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