7Exemption from Heavy Vehicle Standards

7 Exemption from Heavy Vehicle Standards

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.