Heavy Vehicle National Law (South Australia) (Amendment of Law) Regulations 2024 (SA)

South Australia

Heavy Vehicle National Law (South Australia) (Amendment of Law) Regulations 2024

under section 5 of the Heavy Vehicle National Law (South Australia) Act 2013

 

Preamble

1Section 5 of the Heavy Vehicle National Law (South Australia) Act 2013 provides that if—

(a)the Parliament of Queensland enacts an amendment to the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland (the Queensland Act); and

1. (b)

   the Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the amendment made by the Parliament of Queensland should be made to the Heavy Vehicle National Law (South Australia),

the Governor may, by regulation, amend the South Australian Heavy Vehicle National Law text.

2The Parliament of Queensland has enacted the Transport and Other Legislation Amendment Act 2024 to, among other things, amend the Queensland Act and the Governor is satisfied that the amendments corresponding to the Queensland amendments set out in Part 2 of these regulations should be made to the South Australian Heavy Vehicle National Law text.

  Part 1Preliminary1Short title

These regulations may be cited as the Heavy Vehicle National Law (South Australia) (Amendment of Law) Regulations 2024.

2Commencement

These regulations come into operation on the day on which they are made.

3Interpretation

In these regulations—

Act means the Heavy Vehicle National Law (South Australia) Act 2013.

4Amendment provision

Pursuant to section 5 of the Act, the Heavy Vehicle National Law (South Australia) is amended as specified in Part 2 of these regulations.

Part 2Amendment of Heavy Vehicle National Law (South Australia)5Amendment of section 5 – Definitions

Section 5—after the definition of route assessment insert:

safer freight vehicle has the meaning given by section 153A(2);

6Amendment of section 153A – Using restricted access vehicle

1. (1)

   Section 153A(2)—after the definition of restricted access vehicle insert:

   safer freight vehicle means a single heavy motor vehicle that meets the requirements prescribed for the purposes of this definition by the national regulations, but does not include a bus;

   single heavy motor vehicle means a motor vehicle that, on its own, is a heavy vehicle;

2. (2)

   Section 153A(3)—after paragraph (c) insert:

   or

   1. (d)

      a safer freight vehicle; or

   2. (e)

      a combination that—

      1. (i)

         includes a safer freight vehicle, together with its load, that is the only component vehicle wider than 2.5m; and

      2. (ii)

         is not higher than 4.3m; and

      3. (iii)

         is not longer than 19m.

Editorial note—

As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 6 June 2024

No 45 of 2024