34Exemptions by Commission

34 Exemptions by Commission

(1)  Subject to subregulation (2) , the Commission may exempt the following from these regulations or specified provisions of them, or the Vehicle Standards or specified provisions of them:

(a) a vehicle or a combination;

(b) a class of vehicles or combinations;

(c) a person;

(d) a class of persons.

(2)  The Commission must not exempt a vehicle or a combination, or a class of vehicles or combinations, from a requirement in Division 4 of Part 2 that relates to the GVM, GCM or manufacturer's rating of a vehicle, part of a vehicle or a combination.

(3)  In determining whether to issue an exemption, the Commission may have regard to any or all of the following:

(a) for an exemption for a vehicle from Part 2 –

(i) the "Exemptions from Mass and Dimension Standards" as approved by the Ministerial Council, published by the National Road Transport Commission; and

(ii) the equipment and specifications of the vehicle, including the wheelbase, braking systems, tyre ratio and power to weight ratio;

(b) for an exemption from the Vehicle Standards, whether the vehicle is an experimental vehicle, a prototype, or another vehicle, that could not reasonably be expected to comply with the requirement;

(c) for any exemption, any other matter that the Commission considers appropriate.