South Australia regulation

Heavy Vehicle National Law (South Australia) (Savings, Transitional and Declaratory) Regulations 2013

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations carry existing South Australian heavy‑vehicle exemptions and approved vehicle modifications into the Heavy Vehicle National Law. Ministerial exemptions made under section 163AA of the Road Traffic Act are declared to correspond to sections 61 and 68 of the Law and taken to be exemptions under the Law (reg 4(2)–(3); reg 5).

Those carry‑over exemptions and fatigue‑management notices continue only temporarily and expire after set periods (exemptions 5 years, reg 4(3); fatigue notices 3 years, reg 6(b)), so heavy‑vehicle operators face the compliance and re‑approval effort and the Minister’s prior exemptions remain effective until expiry.

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Direct links to the current provisions in Heavy Vehicle National Law (South Australia) (Savings, Transitional and Declaratory) Regulations 2013.

Heavy Vehicle National Law (South Australia) (Savings, Transitional and Declaratory) Regulations 2013

South Australia Heavy Vehicle National Law (South Australia) (Savings, Transitional and Declaratory) Regulations 2013 under the Heavy Vehicle National Law (South Australia) Act 2013

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation Part 2—Declaratory regulation 4 Exemptions from heavy vehicle standards Part 3—Savings and transitional regulations 5 Continuation of approved modifications of heavy vehicles 6 Exemptions from scheme for management of fatigue in drivers of heavy vehicles Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Heavy Vehicle National Law (South Australia) (Savings, Transitional and Declaratory) Regulations 2013. 2—Commencement These regulations will come into operation on the day on which Part 4 of the Heavy Vehicle National Law (South Australia) Act 2013 comes into operation. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Heavy Vehicle National Law (South Australia) Act 2013; general savings and transitional provision means section 748 of the Law; Law means the Heavy Vehicle National Law (South Australia); Road Traffic Act means the Road Traffic Act 1961. (2) In these regulations, the commencement day— (a) for the purposes of regulation 4—means the day on which South Australia becomes a participating jurisdiction in relation to Chapter 14 of the Law; and (b) for any other purpose—means the day on which these regulations come into operation. Part 2—Declaratory regulation 4—Exemptions from heavy vehicle standards (1) This is a declaratory regulation. (2) It is declared that, for the purposes of the general savings and transitional provision, sections 61 and 68 of the Law correspond to section 163AA of the Road Traffic Act. (3) Accordingly, an exemption of the Minister under section 163AA of the Road Traffic Act that has not been revoked before the commencement day— (a) will be taken to be an exemption under the Law for the purposes of the Law subject to such conditions and limitations (if any) specified in the instrument or notice of exemption; and (b) will expire 5 years after the commencement day in accordance with section 749 of the Law. Part 3—Savings and transitional regulations 5—Continuation of approved modifications of heavy vehicles A modification of a heavy vehicle that has been approved under the Road Traffic Act as a condition of an exemption under section 163AA of that Act that has not been revoked before the commencement day will, for the purposes of the Law, be taken to be a modification approved in respect of the heavy vehicle under Chapter 3 Part 3 of the Law. 6—Exemptions from scheme for management of fatigue in drivers of heavy vehicles A notice under regulation 86 of the Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008 that has not been revoked before the commencement day declaring that those regulations, or specified provisions of those regulations, do not apply to, or in relation to, the use of heavy vehicles of a specified class in the circumstances specified in the notice— (a) will, for the purposes of the Law, continue in accordance with the terms specified in the notice; and (b) will expire 3 years after the commencement day. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations Year No Reference Commencement 2013 298 Gazette 19.12.2013 p5031 10.2.2014: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Heavy Vehicle National Law (South Australia) (Savings, Transitional and Declaratory) Regulations 2013

South Australia Heavy Vehicle National Law (South Australia) (Savings, Transitional and Declaratory) Regulations 2013 under the Heavy Vehicle National Law (South Australia) Act 2013

Part 1—Preliminary 1—Short title These regulations may be cited as the Heavy Vehicle National Law (South Australia) (Savings, Transitional and Declaratory) Regulations 2013. 2—Commencement These regulations will come into operation on the day on which Part 4 of the Heavy Vehicle National Law (South Australia) Act 2013 comes into operation. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Heavy Vehicle National Law (South Australia) Act 2013; general savings and transitional provision means section 748 of the Law; Law means the Heavy Vehicle National Law (South Australia); Road Traffic Act means the Road Traffic Act 1961. (2) In these regulations, the commencement day— (a) for the purposes of regulation 4—means the day on which South Australia becomes a participating jurisdiction in relation to Chapter 14 of the Law; and (b) for any other purpose—means the day on which these regulations come into operation. Part 2—Declaratory regulation 4—Exemptions from heavy vehicle standards (1) This is a declaratory regulation. (2) It is declared that, for the purposes of the general savings and transitional provision, sections 61 and 68 of the Law correspond to section 163AA of the Road Traffic Act. (3) Accordingly, an exemption of the Minister under section 163AA of the Road Traffic Act that has not been revoked before the commencement day— (a) will be taken to be an exemption under the Law for the purposes of the Law subject to such conditions and limitations (if any) specified in the instrument or notice of exemption; and (b) will expire 5 years after the commencement day in accordance with section 749 of the Law. Part 3—Savings and transitional regulations 5—Continuation of approved modifications of heavy vehicles A modification of a heavy vehicle that has been approved under the Road Traffic Act as a condition of an exemption under section 163AA of that Act that has not been revoked before the commencement day will, for the purposes of the Law, be taken to be a modification approved in respect of the heavy vehicle under Chapter 3 Part 3 of the Law. 6—Exemptions from scheme for management of fatigue in drivers of heavy vehicles A notice under regulation 86 of the Road Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008 that has not been revoked before the commencement day declaring that those regulations, or specified provisions of those regulations, do not apply to, or in relation to, the use of heavy vehicles of a specified class in the circumstances specified in the notice— (a) will, for the purposes of the Law, continue in accordance with the terms specified in the notice; and (b) will expire 3 years after the commencement day. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal regulations Year No Reference Commencement 2013 298 Gazette 19.12.2013 p5031 10.2.2014: r 2