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Name of Regulations
1 Name of Regulations
These Regulations are the National Transport Commission (Road Transport Legislation—Heavy Vehicle Standards Regulations) Regulations 2006.
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Commonwealth legislation
This instrument defines comprehensive technical standards for heavy vehicles (over 4.5 tonnes) in Australia—covering design, construction, maintenance and in-service requirements for safety, dimensions, braking, lighting, emissions, couplings and related systems. It targets manufacturers, importers, modifiers, owners, drivers and operators of trucks, buses, trailers and multi‑vehicle combinations.
These are model regulations for states and territories to adopt; they apply throughout a vehicle’s life and work alongside mandatory Australian Design Rules.
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Direct links to the current provisions in National Transport Commission (Road Transport Legislation – Heavy Vehicle Standards Regulations) Regulations 2006.
These Regulations are the National Transport Commission (Road Transport Legislation—Heavy Vehicle Standards Regulations) Regulations 2006.
These Regulations commence on the day after they are registered.
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of Regulations, about the design and construction of heavy vehicles.
Note 1: The road transport legislation set out in Schedule 1 does not have the force of law (see paragraph 7(2)(a) of the NTC Act).
Note 2: These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(ii) of the NTC Act).
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Note 5: The text set out in Schedule 1 is that of the Road Transport Reform (Heavy Vehicle Standards) Regulations (Statutory Rules 1995 No. 55). It has been formatted in accordance with current drafting practice (including styles of provision numbering and cross‑referencing). Those Regulations were approved in draft form by the Ministerial Council for Road Transport on 10 November 1993.
Note 6: The making of the Road Transport Reform (Heavy Vehicle Standards) Regulations was notified in the Commonwealth of Australia Gazette on 29 March 1995. No date was ever fixed under subregulation 2(2) of those Regulations.
(1) In these Regulations:
Commonwealth Minister means the Minister of the Commonwealth administering the Act.
Heavy Vehicle Standards means the Heavy Vehicle Standards set out in the Schedule.
the Act means the Road Transport Reform (Vehicles and Traffic) Act 1993.
(2) Words and phrases defined in the Heavy Vehicle Standards have the same meanings in the Regulations.
Note: Definitions appear at the end of the Heavy Vehicle Standards.
(3) A note does not form part of these Regulations. (4) Subject to subregulation (5), a diagram appearing in these Regulations is illustrative only. (5) If a provision contains a diagram that is called an essential diagram, that diagram is part of these Regulations.
(1) The relevant requirements of the Heavy Vehicle Standards apply to a vehicle or combination of vehicles if it: (a) is, or includes, a vehicle with a GVM exceeding 4.5 tonnes; and (b) is on: (i) a road; or (ii) an area that divides a road; or (iii) a footpath or nature strip adjacent to a road; or (iv) an area that is not a road and that is open to or used by the public for driving or parking vehicles; or (v) an area that is open to or used by the public and has been declared in accordance with section 16 of the Act to be an area to which these Regulations apply. (2) This regulation is subject to the exceptions mentioned in regulation 5A.
(1) A requirement of the Heavy Vehicle Standards does not apply to a vehicle, or combination of vehicles, used only on a railway or tramway. (2) A requirement in Parts 2 to 9 (inclusive) of the Heavy Vehicle Standards does not apply to a vehicle if: (a) the requirement is inconsistent with a requirement of a second or third edition ADR applying to the vehicle; and (b) the vehicle complies with the requirement mentioned in paragraph (a). (3) A requirement in Parts 2 to 9 (inclusive) of the Heavy Vehicle Standards does not apply to a vehicle if: (a) the vehicle does not comply with a requirement of an ADR; and (b) despite the non‑compliance, approval has been given, under section 10 of the Motor Vehicle Standards Act 1989, to place identification plates on vehicles of that type; and (c) the vehicle complies with the approval conditions (if any); and (d) the requirement of the Heavy Vehicle Standards corresponds to the requirement of the ADR.
(1) A vehicle or combination of vehicles must be kept in a condition that ensures: (a) its safe operation; and (b) the safety of its occupants and of other road users. (2) A vehicle or combination of vehicles must be maintained in a condition that ensures that each of its emissions control systems remains fitted, and continues operating, essentially in accordance with the system’s original design. (3) Subregulations (1) and (2) include, but are not limited to, the following aspects of the vehicle or combination: (a) its steering, brakes, suspension, wheels, tyres, towing equipment and the means of transmitting engine power to the driven wheels; and (b) the lights and reflectors that it is required to have under these Regulations; and (c) the strength of its structure; and (d) its driver’s view of the road; and (e) its exhaust system; and (f) its fuel system.
Note: The requirements of regulation 6 apply in addition to the requirements of the Heavy Vehicle Standards. The Heavy Vehicle Roadworthiness Guidelines, published in August 1994 by the National Road Transport Commission, provide information to help people meet the requirements of regulation 6.
The Minister may declare in writing under section 17 of the Act that a specified vehicle is exempt from a requirement of the Heavy Vehicle Standards if he or she is satisfied that: (a) compliance with the requirement would prevent the vehicle from operating in the manner, or for the purpose, for which the vehicle was built or modified; or (b) the vehicle is an experimental vehicle, or prototype or other vehicle, that could not reasonably be expected to comply with the requirement; or (c) the vehicle: (i) was registered, or authorised to be driven or towed on a road, in Australia before this regulation commenced; and (ii) was not required to comply with a requirement similar to the requirement from which the vehicle is being exempted.
Note: Subsection 46(2) of the Acts Interpretation Act 1901 of the Commonwealth allows the Minister to specify a vehicle for an exemption by referring to a class of vehicles. Vehicles can also be exempted from the dimension requirements of these Regulations by the Minister under the Road Transport Reform (Medium and Long Combination Vehicles) Regulations or the Road Transport Reform (Oversize and Overmass Vehicles) Regulations.
(1) If a motor vehicle fails to comply with a requirement in these Regulations that applies to it, each of the following persons is guilty of an offence: (a) the owner of the motor vehicle; (b) the driver of the motor vehicle. (2) A person who is both the owner and the driver of the motor vehicle may be punished only once in relation to the same failure of the motor vehicle to comply with a requirement.
Note: The words driver and owner are defined in the Heavy Vehicle Standards.
(1) If a trailer fails to comply with a requirement in these Regulations that applies to it, each of the following persons is guilty of an offence: (a) the owner of the trailer; (b) the owner of any motor vehicle towing the trailer; (c) the driver of any motor vehicle towing the trailer. (2) A person who meets more than one of the descriptions in paragraphs (1)(a), (b) and (c) may be punished only once in relation to the same failure of the trailer to comply with a requirement.
(1) If a combination of vehicles taken as a whole fails to comply with a requirement in these Regulations that applies to it, each of the following persons is guilty of an offence: (a) the owner of a motor vehicle forming part of the combination; (b) the driver of a motor vehicle forming part of the combination. (2) A person who is both the owner and the driver of the motor vehicle may be punished only once in relation to the same failure of the combination of vehicles to comply with a requirement.
A person convicted of an offence under regulation 8, 9 or 10 is liable to a penalty not exceeding $2 000 for an individual or $10 000 for a body corporate.
An exemption given under any Regulations made under the Act is to be disregarded in the prosecution of a person for an offence against these Regulations if: (a) the offence relates to the failure of a vehicle or combination of vehicles to comply with a dimension limit applying under these Regulations; and (b) the exemption permitted a greater dimension limit, but, at the time of the alleged offence, the vehicle or combination of vehicles was travelling: (i) on a route other than a route where the vehicle or combination was permitted to travel under the exemption; or (ii) at a time other than a time when the vehicle was permitted to travel under the exemption; or (iii) accompanied by fewer than the number of pilot or escort vehicles required under the exemption.
Chapter 2 of the Criminal Code applies to an offence against these Regulations as if the Code were in operation in this jurisdiction.
For section 18 of the Act, the following persons are prescribed: (a) each Commonwealth, State or Territory public authority; (b) each officer or employee of: (i) the Commonwealth or a State or Territory; or (ii) each Commonwealth, State or Territory public authority; (c) person holding an office established under a Commonwealth, State or Territory law.
Subregulation 4(1)
Note: Introductory note to Heavy Vehicle Standards
Note: The Heavy Vehicle Standards apply to all vehicles and trailers over 4.5 tonnes GVM (gross vehicle mass), regardless of when they were built, unless they have been exempted. Some of the Standards relate to combinations of vehicles such as B‑doubles or road trains.
Note: In most cases, if a vehicle meets all of the Standards, it is suitable for use on the road without special restrictions. However, some vehicles at or approaching some of the maximum dimensions may be severely restricted as to where they can travel. These restrictions are imposed by other sets of regulations under the Road Transport Reform (Vehicles and Traffic) Act 1993. For example, other sets of regulations restrict the operation of:
rigid vehicles more than 12.5 metres long or 4.3 metres high; and
combinations of vehicles more than 19 metres long or 4.3 metres high; and
vehicles with a quad‑axle group.
Note: The Standards are intended to cover areas not already covered by the Australian Design Rules (ADRs), which are a set of rules for designing and building vehicles. The ADRs do not cover vehicles built before 1969, combinations of vehicles of any age, or some vehicles built for a special purpose. These are covered in Parts 2 to 9 (inclusive) of the Standards. The ADRs did not cover every safety feature for vehicles built between 1969 and 1988. The Standards are intended to fill these gaps too. If a vehicle is covered by both an ADR and a Standard, and the 2 are inconsistent, the vehicle must generally comply with the ADR.
Note: These Standards also require a vehicle to continue to comply with the applicable ADRs.
Note: A vehicle must continue to comply with these Regulations, even if it is modified. The National Code of Practice: Heavy Vehicle Modifications, issued by the Federal Office of Road Safety in Vehicle Standards Bulletin 6, provides advice to help decide whether a modified vehicle continues to comply with the Regulations. It is recommended that modifications be made in accordance with the Code. Modifications that are not covered by, or consistent with, the Code may also be permitted, but the owner must ensure that the vehicle continues to comply with these Regulations. Road laws provide that vehicles must not be used on a road unless they are in a safe condition.
Note: This Part sets out how the ADRs and the other requirements in these Standards are applied to various vehicles. Vehicles are required to continue to comply with the relevant ADRs throughout their life but, because the most recent standards are the appropriate ones for today’s roads, a vehicle is allowed to meet a more recent standard instead of the one that applied to it when it was built. An earlier standard need not be complied with if it is inconsistent with a later standard dealing with the same thing on the same vehicle, and the vehicle complies with the later standard. Older vehicles are allowed to be fitted with any equipment that is allowed on newer vehicles. As explained in the Introductory Note, modified vehicles must still comply with these Standards.
Note: The following terms defined in clause 10.6 are used in this Part:
ADR prime mover
GVM semi‑trailer
mudguard
Note: The following terms defined in section 4 of the Act are used in this Part:
motor vehicle trailer
(1) A vehicle to which a second edition ADR applies must comply with the ADR. (2) For the purpose of subclause (1), a second edition ADR applies to a vehicle if the cover sheet of the document containing the standard includes a recommendation by the Australian Transport Advisory Council that vehicles in a category that includes the vehicle: (a) comply, or be designed to comply, with the ADR; or (b) be equipped with a thing that complies with the ADR; or (c) have instruments located so as to comply with the ADR. (3) In spite of subclause (1), a vehicle need not comply with a requirement of a second edition ADR if: (a) the requirement has been superseded by, or is inconsistent with, a requirement of a third edition ADR; and (b) the vehicle complies with the third edition ADR requirement.
A vehicle to which a third edition ADR applies must comply with the ADR.
(1) A vehicle need not comply with an ADR if: (a) despite non‑compliance with the ADR, approval has been given, under subsection 10A(2) or 10A(3) of the Motor Vehicle Standards Act 1989, to place identification plates on vehicles of that type; and (b) the vehicle complies with the approval conditions (if any).
Note: Section 10A of the Motor Vehicle Standards Act 1989 deals with the attachment of identification plates to vehicles. Subsection 10A(2) deals with vehicles that do not comply with an ADR, but the non‑compliance is only in minor and inconsequential respects. Subsection 10A(3) deals with vehicles that do not comply with an ADR, and the non‑compliance is not minor and inconsequential, but the vehicle will be safe to use if specified conditions are observed.
(2) The luminous transmittance requirements in paragraph 2.16(2)(b) apply instead of the corresponding requirements in the relevant ADR. (3) The requirements of subclause 2.18(5) (relating to the speed at which a tyre must be suitable for road use) apply instead of the tyre speed category requirements in the relevant ADR. (4) A vehicle to which subclause 5.38(3) applies need not comply with any requirements of a third edition ADR that would prevent it displaying lights or reflectors mentioned in subclause 5.38(3). (5) A vehicle to which subclause 5.38(4) applies need not comply with any requirements of a third edition ADR that would prevent it displaying the lights permitted by the subclause.
(1) If a third edition ADR permits a vehicle to be fitted with equipment, a vehicle may be fitted with the equipment, even though the vehicle was manufactured before the date specified in the ADR for the type of vehicle. (2) If a third edition ADR contains a requirement for equipment fitted to a vehicle manufactured on or after a specified date, any equipment of that kind fitted to the vehicle after manufacture of the vehicle must comply with: (a) the requirement as in force when the vehicle was manufactured; or (b) if the requirement is amended in the period after the manufacture of the vehicle and before the fitting of the equipment—the requirement as in force: (i) when the vehicle was manufactured; or (ii) when the equipment was fitted; or (iii) at any time between manufacture and the fitting of the equipment.
A vehicle need not comply with an edition of an ADR, or an Australian Standard or a British Standard, mentioned in this Schedule if the vehicle complies with a later edition of the ADR or a later standard.
Note: To allow a vehicle to be operated safely, every aspect of the vehicle needs to be properly designed to minimise the potential for accidents or harm to other road users. This Part sets out various requirements covering the driver’s view from, and control of, a vehicle, protection of vehicle occupants and other road users, and other safety features of a more general nature.
Note: The following terms defined in clause 10.6 are used in this Part:
ADR GVM
approved material mudguard
Australian Standard pole‑type trailer
axle prime mover
axle group repeater horn
B‑double road train
driver single axle
emergency vehicle
Note: The following terms defined in section 4 of the Act are used in this Part:
motor vehicle road
trailer
(1) The centre of at least 1 steering control of a motor vehicle must be to the right of, or in line with, the centre of the vehicle. (2) A component of the steering system of a motor vehicle that is essential for effective steering of the vehicle must be built to transmit energy by mechanical means only. (3) Failure of a non‑mechanical component of the steering system must not prevent effective steering of the vehicle.
A motor vehicle must be able to turn both left and right, within a circle not exceeding 25 metres in diameter, measured by the outer edge of the tyre track at ground level.
A motor vehicle must be capable of being driven both backwards and forwards by the driver when the driver is in the normal driving position.
(1) An object fitted to a vehicle must be designed, built and fitted to the vehicle in a way that minimises the likelihood of injury to a person making contact with the vehicle. (2) Subclause (1) does not apply to an object fitted to a vehicle if: (a) the vehicle was designed before 1 January 1965 and the object was part of the design; or (b) the object was fitted to the vehicle before 1 January 1965 in accordance with the law of the place where the object was fitted.
(1) A motor vehicle must be built: (a) to allow the driver a view of traffic to its front and sides; and (b) with its controls located; so that the driver can drive it safely. (2) The rearmost position of any passenger seat in a motor vehicle must not be located more than 100 millimetres in front of the rearmost position of the driver’s seat.
A seat provided for a person to use in a moving vehicle must be securely attached to the vehicle.
(1) A vehicle must have firmly fitted to it: (a) a mudguard for each wheel or for adjacent wheels; and (b) if the vehicle is part of a B‑double‑spray suppression devices complying with British Standard AU200 – 1984, Spray Reducing Devices for Heavy Goods Vehicles, Parts 1 and 2, for each axle group and single axle. (2) Paragraph (1)(a) does not apply to a vehicle if: (a) its construction or use makes it unnecessary or impracticable to provide mudguards; or (b) the body or part of the body of the vehicle acts as a mudguard.
Note: Examples of vehicles to which paragraph (2)(a) applies are timber jinkers, most road‑making plant and some agricultural implements.
(3) A mudguard must, when the wheels of the vehicle are in position for it to move straight ahead: (a) reduce the danger of a person contacting the moving wheels; and (b) in the case of the rear wheels: (i) cover the overall tyre width of the wheel or wheels for which it is provided; and (ii) be fitted so that the height above the ground of the lowest edge of the rear of the mudguard is not more than one third of the horizontal distance of that edge from the centre of the rearmost axle. (4) In spite of subclause (3), the mudguard may be at least: (a) 230 millimetres above the ground; or (b) on a vehicle built to be used off a road—300 millimetres above the ground. (5) The external surface of a rear mudguard, except a mudflap, that can be seen from the rear of the vehicle to which it is fitted must be coloured white or silver if the vehicle: (a) is at least 2.2 metres wide, excluding mirrors, side‑mounted lights and reflectors; and (b) has a body that is less than 300 millimetres high at the rear, measured from the lowest point of the body above the ground to the highest point; and (c) is not fitted with rear marking plates in accordance with clause 5.39.
(1) A motor vehicle must have fitted to it at least one horn or other device capable of giving sufficient audible warning to other road users of the approach or position of the vehicle. (2) A motor vehicle must not have fitted to it a device capable of producing a sound resembling the sound of a siren, bell, exhaust whistle, compression whistle or repeater horn. (3) Subclause (2) does not apply to: (a) an emergency or police vehicle; or (b) a motor vehicle that is 25 or more years old and is fitted as an emergency or police vehicle if the vehicle: (i) is used for exhibition purposes; or (ii) is part of a collection of vehicles that were formerly emergency or police vehicles; or (c) an anti‑theft alarm if the alarm cannot be operated while the vehicle’s ignition is on. (4) A motor vehicle may be fitted with a device which emits a regular, intermittent sound while the vehicle is rolling backwards or in reverse gear. (5) A device described in subclause (4) must not be louder than is reasonably necessary for a person close to the vehicle and the driver to be able to hear the device.
(1) Each side of a motor vehicle must be fitted with a mirror, which when used together enable the driver of the vehicle at all times to obtain, by reflection, a clear view of: (a) the road to the rear of the vehicle; and (b) any following or overtaking vehicle. (2) A mirror fitted to a vehicle must not project more than 150 millimetres beyond the widest part (excluding lights and reflectors) of the vehicle or combination of vehicles including the vehicle. (3) In spite of subclause (2), the mirrors fitted to a motor vehicle may project beyond the widest part (excluding lights and reflectors) of the vehicle or combination of vehicles by up to 230 millimetres if they can be folded or collapsed to project not more than 150 millimetres. (4) One mirror on the left side of the vehicle must have a reflecting surface of at least 150 square centimetres. (5) One mirror on the right side of the vehicle must have: (a) a reflecting surface of at least 150 square centimetres; and (b) a flat reflecting surface, if: (i) the vehicle has only 1 steering control; and (ii) the centre of the steering control is to the right of, or in line with, the centre of the motor vehicle. (6) A vehicle may be fitted with additional mirrors or mirror surfaces that are flat or convex or a combination of flat and convex.
(1) A motor vehicle fitted with an automatic transmission must have an engine starter mechanism that cannot operate when the transmission control is in a position to drive the vehicle. (2) A vehicle that is: (a) fitted with automatic transmission; and (b) manufactured after 1975; must have in the driver’s compartment an indicator showing the transmission control position.
A motor vehicle propelled by a compression ignition engine (commonly known as a “diesel engine”) must be fitted with a device that prevents the engine from being started accidentally or inadvertently.
(1) A motor vehicle with a moveable body panel forward of the windscreen, and covering an engine, luggage, storage or battery compartment, must be provided with a device to secure the panel. (2) However, if the panel opens from the front in a way that partly or completely obstructs the driver’s forward view through the windscreen, the panel must be provided with both primary and secondary devices to secure the panel.
(1) The wiring of electrical equipment of a vehicle, other than the high tension ignition wiring, must: (a) be supported at intervals of not more than 600 millimetres, unless the vehicle is a pole‑type trailer with a pole whose length can be adjusted, or an extendible trailer; and (b) be insulated at joints; and (c) be located where it cannot: (i) become overheated; or (ii) contact moving parts; or (iii) come close enough to the fuel system to constitute a fire hazard; and (d) be protected from chafing. (2) The electrical connectors between motor vehicles and trailers, for operation of the vehicle lights prescribed in these Standards, must comply with Australian Standard AS 2513 – 1982, Electrical Connections for Trailer Vehicles. (3) A trailer must be equipped with an electrical conductor, independent of the trailer coupling, that provides a return path between the electrical circuits of the trailer and the towing vehicle. (4) The electrical wiring, connections and installations of a semi‑trailer, dog trailer or converter dolly used in a road train more than 19 metres long after 30 June 1998 must comply with third edition ADR 63 whether or not it was built before the date specified in the ADR for that type of vehicle.
(1) A television receiver or visual display unit must not be installed in a vehicle if any part of the image on the screen is visible to the driver from the normal driving position. (2) Subclause (1) does not apply to installation of a driver’s aid in any vehicle or a destination sign in a bus.
Note: Examples of display units that are considered to be drivers’ aids are: rear‑view screens, ticket‑issuing machines, navigational or intelligent highway and vehicle system equipment, vehicle monitoring devices, despatch systems and closed circuit television security cameras.
(3) A television receiver or visual display unit and its associated equipment in a vehicle must be securely mounted in a position that: (a) does not obscure the driver’s view of the road; and (b) does not impede the movement of a person in the vehicle.
(1) Transparent material used in a windscreen, window, or an interior partition of a motor vehicle must be approved material if: (a) the motor vehicle was manufactured on or after 1 July 1953; or (b) the material was fitted on or after 1 July 1953. (2) In subclause (1):
transparent material does not include any coating added to the windscreen, window or partition after its manufacture.
(1) Glazing in a motor vehicle must not have: (a) a luminous transmittance of less than: (i) 75% in the case of a windscreen of a vehicle manufactured after 1971; and (ii) 70% in any other case; or (b) for glazing to which a coating or film has been added—a reflectance of more than 10%. (2) Paragraph (1)(a) does not apply to: (a) the greater of the following areas of a windscreen: (i) the area above the highest point of the windscreen that is swept by a windscreen wiper; (ii) the highest area, measured in front of the driver’s seat, that covers 10% of the windscreen; or (b) glazing with a luminous transmittance of at least 35% behind the driver’s seat. (3) In this clause, glazing means transparent material, or a combination of transparent materials, fitted to the front, sides or rear of a vehicle, through which the driver or a passenger can obtain a view of the road.
(1) A motor vehicle fitted with a windscreen must be fitted with at least one windscreen wiper. (2) A windscreen wiper or windscreen wipers must: (a) be able to remove moisture from the windscreen in front, and to the left, of the driver to allow the driver an adequate view of the road ahead of the motor vehicle when the windscreen is wet; and (b) be able to be operated by the driver of the vehicle from a normal driving position; and (c) be power‑driven; and (d) if operated by engine manifold vacuum—be provided with a vacuum reservoir or pump to maintain efficient operation of the wiper or wipers while the vehicle is in motion. (3) A motor vehicle: (a) manufactured on or after 1 January 1983; and (b) required to be fitted with a windscreen wiper; must be fitted with a windscreen washer that can direct water on to the exterior of the windscreen within the area swept by a wiper so that the wiper can spread the water to the whole area swept by the wiper. (4) A windscreen washer must be able to be operated from a normal driving position. (5) In spite of subclause (1), if the driver in a normal driving position can obtain an adequate view of the road ahead of the motor vehicle when the windscreen is obscured, the vehicle need not be fitted with a windscreen wiper or washer.
(1) A vehicle must be fitted with pneumatic tyres. (2) The wheels and tyres fitted to an axle of a vehicle must be of sufficient size and capacity to carry the portion of the GVM transmitted to the ground through the axle. (3) The size and capacity of a tyre to be fitted to a vehicle must be determined using a cold inflation pressure that does not exceed the lesser of: (a) the pressure recommended by the manufacturer of the tyre; and (b) in the case of: (i) a radial ply tyre—825 kilopascals; or (ii) another tyre—700 kilopascals. (4) A tyre fitted to a vehicle must be free of any apparent defect which could make the vehicle unsafe. (5) A tyre fitted to a vehicle must be suitable for road use at: (a) a speed of at least 100 kilometres an hour; or (b) if the vehicle cannot travel at a speed of 100 kilometres an hour—its top speed. (6) A tyre that is retreaded before the commencement of this subclause must not be used on a vehicle if: (a) an Australian Standard mentioned in Part 1 of the table applies to the tyre; and (b) the tyre was retreaded after the issue of the standard; and (c) the tyre was not retreaded in accordance with an Australian Standard mentioned in Part 1 or 2 of the table. (7) A tyre retreaded after the commencement of this subclause must not be used on a vehicle if: (a) an Australian Standard mentioned in Part 2 of the table applies to the tyre; and (b) the tyre was not retreaded in accordance with the standard.
| Table Australian Standards for tyre retreading |
|---|
| Part 1 |
| Australian Standard AS 1973 – 1976, Retreaded Pneumatic Passenger Car and Light Truck Tyres |
| Australian Standard AS 1973 – 1985, Retreaded Pneumatic Passenger and Light Truck Tyres |
| Part 2 |
| Australian Standard AS 1973 – 1993, Pneumatic Tyres—Passenger Car, Light Truck and Truck/Bus—Retreading and Repair Processes |
Note: Australian Standard AS 1973 requires various markings on retreaded tyres. These may include a speed rating less than the rating originally marked on the tyre.
(1) A tyre of a vehicle must not have cleats or other gripping devices that could damage the road surface. (2) Except at tread wear indicators, a tyre fitted to a vehicle must have a tread pattern at least 1.5 millimetres deep in a band that runs continuously: (a) across at least 75% of the tyre width that normally comes into contact with the road; and (b) around the whole circumference of the tyre. (3) A vehicle must not be fitted with a tyre that has been treated by re‑cutting or re‑grooving the tread rubber, unless the tyre was: (a) constructed with an extra thickness of rubber designed for the purpose of re‑cutting or re‑grooving; and (b) labelled to indicate the construction.
Note: This Part sets out requirements that help to identify a vehicle for the purpose of knowing who is responsible for it on the road, and to warn other motorists that the vehicle may be unusually long.
Note: The following terms defined in clause 10.6 are used in this Part:
Australian Standard road train
B‑double
Note: The following terms defined in section 4 of the Act are used in this Part:
motor vehicle trailer
(1) The engine block of a motor vehicle must have an individual engine identification number stamped, embossed or otherwise permanently displayed on it. (2) An engine identification number on a plate that is fixed to an engine block using screws or rivets is not permanently displayed on the block. (3) A vehicle must have an individual vehicle identification number clearly stamped, embossed or otherwise permanently displayed on a substantial part of its frame or chassis. (4) An identification number must be located where it can be read easily without having to use tools to remove a part of the vehicle that would otherwise obstruct the reader’s view. (5) In this clause, number includes letters.
A vehicle that: (a) is at least 2.2 metres wide; and (b) has a body that is less than 300 millimetres high at the rear, measured from the lowest point of the body above the ground to the highest point; and (c) is not fitted with rear marking plates in accordance with clause 5.39; must have a white or silver band at least 75 millimetres high across the full width of the rearmost part of the body of the vehicle.
(1) A combination of vehicles more than 30 metres long must display ‘ROAD TRAIN’ warning signs complying with this clause and clause 3.5. (2) A combination of vehicles more than 22 metres, but not more than 30 metres, long must display a ‘LONG VEHICLE’ warning sign (or, for a road train, ‘ROAD TRAIN’ warning signs) complying with this clause and clause 3.5. (3) Subclauses (1) and (2) do not apply to the extent that they are inconsistent with the conditions set out in a notice or permit issued under the Act. (4) The words on a ‘ROAD TRAIN’ or ‘LONG VEHICLE’ warning sign must be in black upper case letters at least 180 millimetres high in typeface Series B (N) and complying with Australian Standard AS 1744 Forms of Letters and Numerals for Road Signs. (5) If a ‘ROAD TRAIN’ or ‘LONG VEHICLE’ warning sign is in 2 pieces, a single word of the expression must appear on one piece and the other word on the other piece. (6) ‘ROAD TRAIN’ warning signs must be displayed in pairs and fitted horizontally, one at the front and the other at the rear, of the combination of vehicles. (7) A ‘LONG VEHICLE’ warning sign must be fitted horizontally to the rear of the combination of vehicles.
A ‘ROAD TRAIN’ warning sign or a ‘LONG VEHICLE’ warning sign must not be displayed on a vehicle unless it is a vehicle to which clause 3.3 applies.
(1) A warning sign must be: (a) durable; and (b) manufactured in 1 or 2 pieces from sheet steel 0.8 millimetres thick or an alternative material of at least equivalent stiffness, unless it is designed to be fixed to the vehicle body using an adhesive. (2) A sign must be at least 1.02 metres wide and 250 millimetres high. (3) A sign must be coated with yellow retro‑reflective material (class 1 or class 2) which meets Australian Standard AS 1906, Retro‑reflective Materials and Devices for Road Traffic Control Purposes. (4) A sign must have a black border. (5) The sign must show the sign manufacturer’s name or logo, and the brand and class of retro‑reflective material used, in block letters not more than 10 millimetres high. (6) A warning sign must be mounted so that no part of the sign is: (a) more than 1.8 metres above the ground; or (b) less than 500 millimetres above the ground.
View image in the official source
Positioning of a warning sign
(1) A motor vehicle with the centre of a steering control to the left of the centre of the vehicle must display the words ‘LEFT HAND DRIVE’ on the rear of the vehicle. (2) The words must be in letters at least 75 millimetres high, and in a colour that contrasts with the background to the words on the vehicle.
Note: This Part sets out various requirements covering suspensions on vehicles and size limits for single vehicles and combinations of vehicles, so that they can be operated safely with other traffic, without taking up too much road space or damaging the road and structures on the road.
Note: Generally, the limits specified in this Part apply to a vehicle and any load it may be carrying.
Note: Specific requirements for loaded vehicles are covered in other sets of regulations under the Road Transport Reform (Vehicles and Traffic) Act 1993. Those regulations also include a number of different size limits to cater for vehicles from which the load is allowed to protrude, for example height and allowable rear overhang of car carriers.
Note: The following terms defined in clause 10.6 are used in this Part:
articulated bus GVM
axle load‑sharing suspension system
axle group point of articulation
bus overhang
centre of an axle group rear overhang line
combination of vehicles road train
converter dolly semi‑trailer
dog trailer single axle
drawbar single axle group
fifth wheel coupling tandem axle group
ground clearance twinsteer axle group
Note: The following terms defined in section 4 of the Act are used in this Part:
motor vehicle trailer
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the National Transport Commission (Road Transport Legislation—Heavy Vehicle Standards Regulations) Regulations 2006.
These Regulations commence on the day after they are registered.
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of Regulations, about the design and construction of heavy vehicles.
Note 1: The road transport legislation set out in Schedule 1 does not have the force of law (see paragraph 7(2)(a) of the NTC Act).
Note 2: These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(ii) of the NTC Act).
Note 3: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Note 5: The text set out in Schedule 1 is that of the Road Transport Reform (Heavy Vehicle Standards) Regulations (Statutory Rules 1995 No. 55). It has been formatted in accordance with current drafting practice (including styles of provision numbering and cross‑referencing). Those Regulations were approved in draft form by the Ministerial Council for Road Transport on 10 November 1993.
Note 6: The making of the Road Transport Reform (Heavy Vehicle Standards) Regulations was notified in the Commonwealth of Australia Gazette on 29 March 1995. No date was ever fixed under subregulation 2(2) of those Regulations.
These Regulations may be cited as the Road Transport Reform (Heavy Vehicle Standards) Regulations.
(1) Regulations 1 and 2 commence on the day on which the making of these Regulations is notified in the Gazette. (2) The remaining provisions of these Regulations commence on a day or days specified by the Commonwealth Minister by notice in the Gazette.
The purpose of these Regulations is to provide a set of standards, uniform or consistent throughout Australia, for the construction and performance of heavy motor vehicles and trailers: (a) to promote, throughout the life of vehicles, their safe use and efficiency, and to promote protection of the environment; and (b) to reduce the costs of transport administration.
(1) In these Regulations:
Commonwealth Minister means the Minister of the Commonwealth administering the Act.
Heavy Vehicle Standards means the Heavy Vehicle Standards set out in the Schedule.
the Act means the Road Transport Reform (Vehicles and Traffic) Act 1993.
(2) Words and phrases defined in the Heavy Vehicle Standards have the same meanings in the Regulations.
Note: Definitions appear at the end of the Heavy Vehicle Standards.
(3) A note does not form part of these Regulations. (4) Subject to subregulation (5), a diagram appearing in these Regulations is illustrative only. (5) If a provision contains a diagram that is called an essential diagram, that diagram is part of these Regulations.
(1) The relevant requirements of the Heavy Vehicle Standards apply to a vehicle or combination of vehicles if it: (a) is, or includes, a vehicle with a GVM exceeding 4.5 tonnes; and (b) is on: (i) a road; or (ii) an area that divides a road; or (iii) a footpath or nature strip adjacent to a road; or (iv) an area that is not a road and that is open to or used by the public for driving or parking vehicles; or (v) an area that is open to or used by the public and has been declared in accordance with section 16 of the Act to be an area to which these Regulations apply. (2) This regulation is subject to the exceptions mentioned in regulation 5A.
(1) A requirement of the Heavy Vehicle Standards does not apply to a vehicle, or combination of vehicles, used only on a railway or tramway. (2) A requirement in Parts 2 to 9 (inclusive) of the Heavy Vehicle Standards does not apply to a vehicle if: (a) the requirement is inconsistent with a requirement of a second or third edition ADR applying to the vehicle; and (b) the vehicle complies with the requirement mentioned in paragraph (a). (3) A requirement in Parts 2 to 9 (inclusive) of the Heavy Vehicle Standards does not apply to a vehicle if: (a) the vehicle does not comply with a requirement of an ADR; and (b) despite the non‑compliance, approval has been given, under section 10 of the Motor Vehicle Standards Act 1989, to place identification plates on vehicles of that type; and (c) the vehicle complies with the approval conditions (if any); and (d) the requirement of the Heavy Vehicle Standards corresponds to the requirement of the ADR.
(1) A vehicle or combination of vehicles must be kept in a condition that ensures: (a) its safe operation; and (b) the safety of its occupants and of other road users. (2) A vehicle or combination of vehicles must be maintained in a condition that ensures that each of its emissions control systems remains fitted, and continues operating, essentially in accordance with the system’s original design. (3) Subregulations (1) and (2) include, but are not limited to, the following aspects of the vehicle or combination: (a) its steering, brakes, suspension, wheels, tyres, towing equipment and the means of transmitting engine power to the driven wheels; and (b) the lights and reflectors that it is required to have under these Regulations; and (c) the strength of its structure; and (d) its driver’s view of the road; and (e) its exhaust system; and (f) its fuel system.
Note: The requirements of regulation 6 apply in addition to the requirements of the Heavy Vehicle Standards. The Heavy Vehicle Roadworthiness Guidelines, published in August 1994 by the National Road Transport Commission, provide information to help people meet the requirements of regulation 6.
The Minister may declare in writing under section 17 of the Act that a specified vehicle is exempt from a requirement of the Heavy Vehicle Standards if he or she is satisfied that: (a) compliance with the requirement would prevent the vehicle from operating in the manner, or for the purpose, for which the vehicle was built or modified; or (b) the vehicle is an experimental vehicle, or prototype or other vehicle, that could not reasonably be expected to comply with the requirement; or (c) the vehicle: (i) was registered, or authorised to be driven or towed on a road, in Australia before this regulation commenced; and (ii) was not required to comply with a requirement similar to the requirement from which the vehicle is being exempted.
Note: Subsection 46(2) of the Acts Interpretation Act 1901 of the Commonwealth allows the Minister to specify a vehicle for an exemption by referring to a class of vehicles. Vehicles can also be exempted from the dimension requirements of these Regulations by the Minister under the Road Transport Reform (Medium and Long Combination Vehicles) Regulations or the Road Transport Reform (Oversize and Overmass Vehicles) Regulations.
(1) If a motor vehicle fails to comply with a requirement in these Regulations that applies to it, each of the following persons is guilty of an offence: (a) the owner of the motor vehicle; (b) the driver of the motor vehicle. (2) A person who is both the owner and the driver of the motor vehicle may be punished only once in relation to the same failure of the motor vehicle to comply with a requirement.
Note: The words driver and owner are defined in the Heavy Vehicle Standards.
(1) If a trailer fails to comply with a requirement in these Regulations that applies to it, each of the following persons is guilty of an offence: (a) the owner of the trailer; (b) the owner of any motor vehicle towing the trailer; (c) the driver of any motor vehicle towing the trailer. (2) A person who meets more than one of the descriptions in paragraphs (1)(a), (b) and (c) may be punished only once in relation to the same failure of the trailer to comply with a requirement.
(1) If a combination of vehicles taken as a whole fails to comply with a requirement in these Regulations that applies to it, each of the following persons is guilty of an offence: (a) the owner of a motor vehicle forming part of the combination; (b) the driver of a motor vehicle forming part of the combination. (2) A person who is both the owner and the driver of the motor vehicle may be punished only once in relation to the same failure of the combination of vehicles to comply with a requirement.
A person convicted of an offence under regulation 8, 9 or 10 is liable to a penalty not exceeding $2 000 for an individual or $10 000 for a body corporate.
An exemption given under any Regulations made under the Act is to be disregarded in the prosecution of a person for an offence against these Regulations if: (a) the offence relates to the failure of a vehicle or combination of vehicles to comply with a dimension limit applying under these Regulations; and (b) the exemption permitted a greater dimension limit, but, at the time of the alleged offence, the vehicle or combination of vehicles was travelling: (i) on a route other than a route where the vehicle or combination was permitted to travel under the exemption; or (ii) at a time other than a time when the vehicle was permitted to travel under the exemption; or (iii) accompanied by fewer than the number of pilot or escort vehicles required under the exemption.
Chapter 2 of the Criminal Code applies to an offence against these Regulations as if the Code were in operation in this jurisdiction.
For section 18 of the Act, the following persons are prescribed: (a) each Commonwealth, State or Territory public authority; (b) each officer or employee of: (i) the Commonwealth or a State or Territory; or (ii) each Commonwealth, State or Territory public authority; (c) person holding an office established under a Commonwealth, State or Territory law.
Subregulation 4(1)
Note: Introductory note to Heavy Vehicle Standards
Note: The Heavy Vehicle Standards apply to all vehicles and trailers over 4.5 tonnes GVM (gross vehicle mass), regardless of when they were built, unless they have been exempted. Some of the Standards relate to combinations of vehicles such as B‑doubles or road trains.
Note: In most cases, if a vehicle meets all of the Standards, it is suitable for use on the road without special restrictions. However, some vehicles at or approaching some of the maximum dimensions may be severely restricted as to where they can travel. These restrictions are imposed by other sets of regulations under the Road Transport Reform (Vehicles and Traffic) Act 1993. For example, other sets of regulations restrict the operation of:
rigid vehicles more than 12.5 metres long or 4.3 metres high; and
combinations of vehicles more than 19 metres long or 4.3 metres high; and
vehicles with a quad‑axle group.
Note: The Standards are intended to cover areas not already covered by the Australian Design Rules (ADRs), which are a set of rules for designing and building vehicles. The ADRs do not cover vehicles built before 1969, combinations of vehicles of any age, or some vehicles built for a special purpose. These are covered in Parts 2 to 9 (inclusive) of the Standards. The ADRs did not cover every safety feature for vehicles built between 1969 and 1988. The Standards are intended to fill these gaps too. If a vehicle is covered by both an ADR and a Standard, and the 2 are inconsistent, the vehicle must generally comply with the ADR.
Note: These Standards also require a vehicle to continue to comply with the applicable ADRs.
Note: A vehicle must continue to comply with these Regulations, even if it is modified. The National Code of Practice: Heavy Vehicle Modifications, issued by the Federal Office of Road Safety in Vehicle Standards Bulletin 6, provides advice to help decide whether a modified vehicle continues to comply with the Regulations. It is recommended that modifications be made in accordance with the Code. Modifications that are not covered by, or consistent with, the Code may also be permitted, but the owner must ensure that the vehicle continues to comply with these Regulations. Road laws provide that vehicles must not be used on a road unless they are in a safe condition.
Note: This Part sets out how the ADRs and the other requirements in these Standards are applied to various vehicles. Vehicles are required to continue to comply with the relevant ADRs throughout their life but, because the most recent standards are the appropriate ones for today’s roads, a vehicle is allowed to meet a more recent standard instead of the one that applied to it when it was built. An earlier standard need not be complied with if it is inconsistent with a later standard dealing with the same thing on the same vehicle, and the vehicle complies with the later standard. Older vehicles are allowed to be fitted with any equipment that is allowed on newer vehicles. As explained in the Introductory Note, modified vehicles must still comply with these Standards.
Note: The following terms defined in clause 10.6 are used in this Part:
ADR prime mover
GVM semi‑trailer
mudguard
Note: The following terms defined in section 4 of the Act are used in this Part:
motor vehicle trailer
(1) A vehicle to which a second edition ADR applies must comply with the ADR. (2) For the purpose of subclause (1), a second edition ADR applies to a vehicle if the cover sheet of the document containing the standard includes a recommendation by the Australian Transport Advisory Council that vehicles in a category that includes the vehicle: (a) comply, or be designed to comply, with the ADR; or (b) be equipped with a thing that complies with the ADR; or (c) have instruments located so as to comply with the ADR. (3) In spite of subclause (1), a vehicle need not comply with a requirement of a second edition ADR if: (a) the requireme
This is an opening excerpt, not the complete document.