sch.2-sec.3 Application to heavy vehicle subject of particular approval
A provision of this Schedule does not apply to a heavy vehicle if—
the vehicle does not comply with a requirement of an ADR applying to the vehicle; and
the provision corresponds to the requirement of the ADR; and
despite the noncompliance—
before the repeal of the Motor Vehicle Standards Act 1989 an approval was given under section 10A (2) or (3) of that Act to place an identification plate on the vehicle; or
an approval is given under item 4(2) or 6(2) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth; or
the vehicle satisfied the requirements of the type approval pathway under section 15 (1) of the Road Vehicle Standards Rules 2019 (Cwlth) as a vehicle to which section 15 (2) of those Rules applied and the vehicle is entered on the RAV; and
the vehicle complies with the approval conditions, if any.
sch 2 s 3 amd 2021 SL No. 9 s 13 (1) – (2) ; 2023 SL No. 15 s 5 (1)
- (a) the vehicle does not comply with a requirement of an ADR applying to the vehicle; and
- (b) the provision corresponds to the requirement of the ADR; and
- (c) despite the noncompliance— (i) before the repeal of the Motor Vehicle Standards Act 1989 an approval was given under section 10A (2) or (3) of that Act to place an identification plate on the vehicle; or (ii) an approval is given under item 4(2) or 6(2) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth; or (iii) the vehicle satisfied the requirements of the type approval pathway under section 15 (1) of the Road Vehicle Standards Rules 2019 (Cwlth) as a vehicle to which section 15 (2) of those Rules applied and the vehicle is entered on the RAV; and
- (i) before the repeal of the Motor Vehicle Standards Act 1989 an approval was given under section 10A (2) or (3) of that Act to place an identification plate on the vehicle; or
- (ii) an approval is given under item 4(2) or 6(2) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth; or
- (iii) the vehicle satisfied the requirements of the type approval pathway under section 15 (1) of the Road Vehicle Standards Rules 2019 (Cwlth) as a vehicle to which section 15 (2) of those Rules applied and the vehicle is entered on the RAV; and
- (d) the vehicle complies with the approval conditions, if any.
- (i) before the repeal of the Motor Vehicle Standards Act 1989 an approval was given under section 10A (2) or (3) of that Act to place an identification plate on the vehicle; or
- (ii) an approval is given under item 4(2) or 6(2) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth; or
- (iii) the vehicle satisfied the requirements of the type approval pathway under section 15 (1) of the Road Vehicle Standards Rules 2019 (Cwlth) as a vehicle to which section 15 (2) of those Rules applied and the vehicle is entered on the RAV; and