Untitled document
Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law) Regulations 2013
S.R. No. 150/2013
table of provisions
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
Part 2—Road Safety (Vehicles) Regulations 2009
Division 1—Amendments to Chapter 1
4Objectives
5Definitions
6Corporation may declare matters for the purposes of
Regulations7Interpretation—retractable axles
8Approved forms, notices etc.
Division 2—Amendments to Chapter 2
9Installation of operations plates and the modification of
vehicles10Inspection of vehicles
11Conditional registration
12Period of registration
13Affixing number plate
14Offence
15Return of number plates
16Application of certain fees
17Use of unregistered vehicle with trade plates by prospective purchaser
Division 3—Amendments to Chapter 4
18Heading amended
19New Part 4.0 inserted
PART 4.0—PRELIMINARY MATTERS
157KNon-application to heavy vehicles
20Regulations revoked
21Maximum heights
22Maximum length for motor vehicles
23Regulation 170 substituted
170Trailer drawbar lengths
24Offence to use on a highway a vehicle that does not comply
with a relevant dimension limit25Offence to use on a highway a vehicle that does not comply
with regulation 17326Regulation 176 substituted
176Dimension limits do not apply to certain class O
vehicles
Division 4—Amendments to Chapter 5
27Heading to Chapter 5 substituted
28Heading to Part 5.1 substituted
29Regulation 177 substituted
177Class O vehicle
30Heading to Division 2 of Part 5.1 substituted
31Regulation 178 substituted
178Exemption from Schedule 7 by class O notice
32Contents of class O notices
33Heading to Division 3 of Part 5.1 substituted
34Exemption from Schedule 7 by class 1 permit
35Contents of class 1 permits
36Offence to fail to comply with a relevant requirement of Schedule 7
37Regulation 183, 184, 185 and 186 amended
38Parts 5.2 and 5.3 revoked
Division 5—Amendments to Chapter 7
39Heading to Chapter 7 substituted
40New regulation 234A inserted
234ANon-application to heavy vehicles
Division 6—Amendments to Chapter 8
41New regulation 244A inserted
244ANon-application to heavy vehicles
42Towing offences
43Use of vehicles not complying with standards
44Other use of vehicle offences
45Keeping documents
46Transitional provision for class 1 notices
278Notices and permits following Heavy Vehicle National Law (Victoria)
Division 7—Amendments to Schedule 2
47Note to Schedule 2 amended
48Vehicle standards
49Object of vehicle standards
50Definitions
51Diagrams
52Non-application of Vehicle Standards to ADR‑compliant
matters53Note to Part 3 of Schedule 2
54What is an adopted standard?
55Steering
56Mudguards and spray suppression
57Electrical wiring, components connections and installations
58Windscreens and windows
59Windscreen wipers and washers
60Pneumatic tyres—carcass construction
61Tyres for use on vehicles with GVM over 4×5 tonnes
62Schedule 2 amended
63Other lights and reflectors
64Rear marking plates
65Braking systems
66Parts of a braking system
67Supply of air or vacuum to brakes
68Air or vacuum brakes on motor vehicles
69Additional brake requirements
70Exhaust systems
71Maximum road speed limiting
72Part 13 amended
73Additional coupling requirements
Division 8—Amendments to Schedule 5
74Amendments to Schedule 5
Division 9—Amendments to Schedule 7
75Heading to Schedule 7 substituted
76Heading to Part 1 of Schedule 7 substituted
77Schedule 7 amended
Division 10—Schedules 8 and 9 revoked
78Revocation of Schedules 8 and 9
Part 3—Road Safety (Drivers) Regulations 2009
79Renewal or refusal to renew driver licence
80Revocation of Part 5
81Amendments to Schedule 3
82Amendments to Schedule 4
83Amendments to Schedule 5
Part 4—Road Safety (General) Regulations 2009
84Revocation of Parts 6 and 7
85Prosecution for parking offences
86Appropriation of fines
87Traffic infringements
═══════════════
ENDNOTES
statutory rules 2013
S.R. No. 150/2013
Road Safety Act 1986
Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law) Regulations 2013
The Governor in Council makes the following Regulations:
Dated: 3 December 2013
Responsible Minister:
TERRY MULDER
Minister for RoadsYVETTE CARISBROOKE
Clerk of the Executive Council
Part 1—Preliminary
1Objective
The objective of these Regulations is to amend the following Regulations to give effect to the Heavy Vehicle National Law (Victoria)—
(a)the Road Safety (Vehicles) Regulations 2009;
(b)the Road Safety (Drivers) Regulations 2009;
(c)the Road Safety (General) Regulations 2009.
2Authorising provision
These Regulations are made under section 95 of the Road Safety Act 1986.
3Commencement
These Regulations come into operation on the day on which section 4 of the Heavy Vehicle National Law Application Act 2013 comes into operation.
__________________
Part 2—Road Safety (Vehicles) Regulations 2009
Division 1—Amendments to Chapter 1
4Objectives
(1)In regulation 1(a)(i) of the Road Safety (Vehicles) Regulations 2009[1], for "ensures the" substitute "ensures that".
(2)In regulation 1(c) of the Road Safety (Vehicles) Regulations 2009, before "motor vehicles and trailers" insert "light".
(3)In regulation 1(d) of the Road Safety (Vehicles) Regulations 2009, before "motor vehicles and trailers" insert "light".
5Definitions
(1)In regulation 5 of the Road Safety (Vehicles) Regulations 2009, the definitions of 3 axle dog trailer combination, 4 axle dog trailer combination, articulated bus, B-double, class 2 notice, class 3 notice, class 2 permit, class 3 permit, class 2 vehicle, class 3 vehicle, controlled access bus, hauling unit, low floor bus, retractable axle, road friendly suspension and road train are revoked.
(2)In regulation 5 of the Road Safety (Vehicles) Regulations 2009 insert the following definitions—
"light combination means a combination that does not include a heavy vehicle;
light trailer means a trailer with an MRC not exceeding 4×5 tonnes;".
(3)In regulation 5 of the Road Safety (Vehicles) Regulations 2009—
(a)in the definition of centre of an axle group, Figure 1 is revoked;
(b)in the definition of class 1 notice, for "class 1 notice" substitute "class O notice";
(c)in the definition of class 1 permit, for "class 1 permit" substitute "class O permit";
(d)in the definition of class 1 vehicle, for "class 1 vehicle" substitute "class O vehicle";
(e)in the definition of escort vehicle, for "class 1 vehicle" substitute "class O vehicle";
(f)in the definition of heavy trailer, for "with an MRC of more than 4×5 tonnes" substitute "which is a heavy vehicle";
(g)in the definition of large indivisible item, omit "mass or";
(h)for the definition of light vehicle, substitute—
"light vehicle means a light motor vehicle or light trailer;";
(i)in the definition of pilot vehicle, for "class 1 vehicle" substitute "class O vehicle";
(j)in the definition of relevant design rules, for "Department of Transport and Regional Services" substitute "Department of Infrastructure and Transport";
(k)in the definition of special purpose vehicle, before "vehicle" insert "light";
(l)in the definition of special purpose vehicle, before "vehicles" insert "light";
(m)for the definition of standards for registration substitute—
"standards for registration means—
(a)for a heavy vehicle, the heavy vehicle standards within the meaning of the Heavy Vehicle National Law (Victoria) and if the heavy vehicle is a bus Division 18 of Part 8 of Schedule 2; and
(b)for any other vehicle, the Vehicle Standards set out in Schedule 2;".
6Corporation may declare matters for the purposes of Regulations
In regulation 6 of the Road Safety (Vehicles) Regulations 2009—
(a)paragraphs (b), (d) and (g) are revoked;
(b)in paragraph (i), after "a modification" insert "to a light vehicle"; and
(c)in paragraph (k), before "vehicle" insert "light".
7Interpretation—retractable axles
Regulation 10 of the Road Safety (Vehicles) Regulations 2009 is revoked.
8Approved forms, notices etc.
In regulation 11(1)(a) of the Road Safety (Vehicles) Regulations 2009, for ", 180, 190, 196," substitute "180,".
Division 2—Amendments to Chapter 2
9Installation of operations plates and the modification of vehicles
For regulation 21(3)(b) of the Road Safety (Vehicles) Regulations 2009 substitute—
"(b)for a heavy vehicle, the modification or addition is certified by a person appointed as an authorised officer under regulation 7 as complying with the National Code of Practice for Heavy Vehicle Modification published by the Department of Infrastructure and Transport as Vehicle Standards Bulletin No. 6; and".
10Inspection of vehicles
In regulation 28(1)(b) of the Road Safety (Vehicles) Regulations 2009, for "is registered" substitute "is a registered vehicle".
11Conditional registration
In regulation 30(7) of the Road Safety (Vehicles) Regulations 2009, after "conditionally registered" insert "under this regulation".
12Period of registration
In regulation 43(1)(b) of the Road Safety (Vehicles) Regulations 2009 omit "or motor cycle".
13Affixing number plate
In regulation 48 of the Road Safety (Vehicles) Regulations 2009—
(a)in subregulation (1)(d) for "figures 5 and 6" substitute "figure 5";
(b)for Figure 5 substitute—
'
Figure 5:Number plates must be clearly visible from 20 metres at all points within the shaded arcs marked "A".';
(c)Figure 6 is revoked.
14Offence
After regulation 50(3) of the Road Safety (Vehicles) Regulations 2009 insert—
"(4)This regulation does not apply to a heavy vehicle which is required to affix and display number plates in accordance with the Heavy Vehicle National Law (Victoria).".
15Return of number plates
(1)After regulation 70(1) of the Road Safety (Vehicles) Regulations 2009 insert—
"(1A)The Corporation, by written notice to the registered operator of a vehicle, may request the registered operator to return the vehicle’s number plates if new number plates have been assigned to that vehicle under the Heavy Vehicle National Law (Victoria).".
(2)In regulation 70(2) of the Road Safety (Vehicles) Regulations 2009, after "subregulation (1)" insert "or (1A)".
16Application of certain fees
In regulation 107(a) of the Road Safety (Vehicles) Regulations 2009 omit "to 22".
17Use of unregistered vehicle with trade plates by prospective purchaser
In regulation 148(1)(a)(i) of the Road Safety (Vehicles) Regulations 2009, for "vehicle that has a GVM of more than 4×5 tonnes" substitute "heavy vehicle".
Division 3—Amendments to Chapter 4
18Heading amended
In the heading to Chapter 4 of the Road Safety (Vehicles) Regulations 2009, before "VEHICLES" insert "LIGHT".
19New Part 4.0 inserted
After the heading to Chapter 4 of the Road Safety (Vehicles) Regulations 2009 insert—
"PART 4.0—PRELIMINARY MATTERS
157KNon-application to heavy vehicles
This Chapter does not apply to a heavy vehicle.
__________________".
20Regulations revoked
In the Road Safety (Vehicles) Regulations 2009—
(a)regulation 158(1)(b) and (c) are revoked;
(b)regulation 159(3), (4), (5) and (6) and Table 1 to regulation 159 are revoked;
(c)regulations 160, 161 and 162 are revoked;
(d)regulation 164(2) is revoked;
(e)regulation 166(2) is revoked;
(f)regulation 167(5), (6) and (7) are revoked;
(g)regulation 169(2) and (5) are revoked.
21Maximum heights
In regulation 164(1) of the Road Safety (Vehicles) Regulations 2009 omit "other than a double-decker bus".
22Maximum length for motor vehicles
In regulation 166(1) of the Road Safety (Vehicles) Regulations 2009 omit "other than an articulated bus".
23Regulation 170 substituted
For regulation 170 of the Road Safety (Vehicles) Regulations 2009 substitute—
"170 Trailer drawbar lengths
(1)For a trailer with only one axle or axle group, other than a semi-trailer, the maximum distance between the coupling pivot point on a drawbar and the centre line of the axle group or single axle is 8×5 metres.
(2)The maximum distance between the coupling pivot point on the drawbar of a dog trailer and the centre line of the front axle group or the centre line of the front single axle of the trailer is 5 metres.".
24Offence to use on a highway a vehicle that does not comply with a relevant dimension limit
In regulation 174(4) of the Road Safety (Vehicles) Regulations 2009, for "a class 1 vehicle, a class 2 vehicle or a class 3 vehicle" substitute "a class O vehicle".
25Offence to use on a highway a vehicle that does not comply with regulation 173
In regulation 175(4) of the Road Safety (Vehicles) Regulations 2009, for "a class 1 vehicle, class 2 vehicle or class 3 vehicle" substitute "a class O vehicle".
26Regulation 176 substituted
For regulation 176 of the Road Safety (Vehicles) Regulations 2009 substitute—
"176 Dimension limits do not apply to certain class O vehicles
A width limit, length limit or height limit set out in Schedule 7 does not apply to a vehicle if—
(a)the vehicle is exempt from compliance with the limit as a result of a notice published, or permit issued, under Chapter 5; and
(b)the vehicle is being used in accordance with the notice or permit.".
Division 4—Amendments to Chapter 5
27Heading to Chapter 5 substituted
For the heading to Chapter 5 of the Road Safety (Vehicles) Regulations 2009 substitute—
"Chapter 5—Dimension Limits and other Requirements for Class O Vehicles".
28Heading to Part 5.1 substituted
For the heading to Part 5.1 of the Road Safety (Vehicles) Regulations 2009 substitute—
"PART 5.1—CLASS O VEHICLES".
29Regulation 177 substituted
For regulation 177 of the Road Safety (Vehicles) Regulations 2009 substitute—
"177 Class O vehicle
(1)A class O vehicle is any light vehicle or light combination with a dimension that exceeds a relevant dimension limit set out in Chapter 4.
(2)Schedule 7 has effect.".
30Heading to Division 2 of Part 5.1 substituted
For the heading to Division 2 of Part 5.1 of the Road Safety (Vehicles) Regulations 2009 substitute—
"Division 2—Class O notices".
31Regulation 178 substituted
For regulation 178 of the Road Safety (Vehicles) Regulations 2009 substitute—
"178 Exemption from Schedule 7 by class O notice
(1)The Corporation, by a notice published in the Government Gazette, may exempt a category of class O vehicles from any of the following requirements set out in Schedule 7—
(a)a dimension limit, other than a limit that relates to a manufacturer's limit; or
(b)any other requirement, apart from a mass limit.
(2)A class O notice under subregulation (1) may contain any conditions the Corporation thinks fit.".
32Contents of class O notices
(1)For the heading to regulation 179 of the Road Safety (Vehicles) Regulations 2009 substitute—
"Contents of class O notices".
(2)In regulation 179 of the Road Safety (Vehicles) Regulations 2009, for "class 1" (wherever occurring) substitute "class O".
(3)In regulation 179(a) of the Road Safety (Vehicles) Regulations 2009, for "category" substitute "type".
(4)In regulation 179(b) of the Road Safety (Vehicles) Regulations 2009, for "category" substitute "type".
33Heading to Division 3 of Part 5.1 substituted
For the heading to Division 3 of Part 5.1 of the Road Safety (Vehicles) Regulations 2009 substitute—
"Division 3—Class O permits".
34Exemption from Schedule 7 by class 1 permit
(1)In the heading to regulation 180 of the Road Safety (Vehicles) Regulations 2009, for "class 1" substitute "class O".
(2)For regulation 180(1) of the Road Safety (Vehicles) Regulations 2009 substitute—
"(1)The Corporation may issue a permit that exempts one or more class O vehicles from any of the following requirements set out in Schedule 7—
(a)a dimension limit other than a limit that relates to a manufacturer's limit; or
(b)any other requirement, apart from a mass limit.".
(3)In regulation 180(2) of the Road Safety (Vehicles) Regulations 2009, for "class 1" (wherever occurring) substitute "class O".
(4)Regulation 180(3) of the Road Safety (Vehicles) Regulations 2009 is revoked.
(5)In regulation 180(4) of the Road Safety (Vehicles) Regulations 2009, for "class 1" substitute "class O".
(6)In regulation 180(7)(d) of the Road Safety (Vehicles) Regulations 2009 omit "or overmass".
35Contents of class 1 permits
(1)For the heading to regulation 181 of the Road Safety (Vehicles) Regulations 2009 substitute—
"Contents of class O permits".
(2)In regulation 181 of the Road Safety (Vehicles) Regulations 2009, for "class 1" (wherever occurring) substitute "class O".
36Offence to fail to comply with a relevant requirement of Schedule 7
(1)In regulation 182 of the Road Safety (Vehicles) Regulations 2009 omit "mass limit," (wherever occurring).
(2)In regulation 182 of the Road Safety (Vehicles) Regulations 2009, for "class 1" (wherever occurring) substitute "class O".
37Regulation 183, 184, 185 and 186 amended
In regulations 183, 184, 185 and 186 of the Road Safety (Vehicles) Regulations 2009, for "class 1" (wherever occurring) substitute "class O".
38Parts 5.2 and 5.3 revoked
Parts 5.2 and 5.3 of the Road Safety (Vehicles) Regulations 2009 are revoked.
Division 5—Amendments to Chapter 7
39Heading to Chapter 7 substituted
For the heading to Chapter 7 of the Road Safety (Vehicles) Regulations 2009 substitute—
"Chapter 7—Vehicle Defect Notices for Light Vehicles".
40New regulation 234A inserted
Before regulation 235 of the Road Safety (Vehicles) Regulations 2009 insert—
"234A Non-application to heavy vehicles
This Chapter does not apply to a heavy vehicle.".
Division 6—Amendments to Chapter 8
41New regulation 244A inserted
Before regulation 245 of the Road Safety (Vehicles) Regulations 2009 insert—
"244A Non-application to heavy vehicles
This Chapter, except regulations 245, 246, 247, 252 and 253, does not apply to a heavy vehicle.".
42Towing offences
Regulation 249(2) of the Road Safety (Vehicles) Regulations 2009 is revoked.
43Use of vehicles not complying with standards
(1)Regulation 258(1) of the Road Safety (Vehicles) Regulations 2009 is revoked.
(2)In regulation 258(2) of the Road Safety (Vehicles) Regulations 2009 omit "other".
(3)For the penalty at the foot of regulation 258(2) of the Road Safety (Vehicles) Regulations 2009 substitute—
"Penalty:5 penalty units.".
(4)In regulation 258(3) of the Road Safety (Vehicles) Regulations 2009, for "Subregulations (1) and (2) do not" substitute "Subregulation (2) does not".
44Other use of vehicle offences
For the penalty at the foot of regulation 259(1) of the Road Safety (Vehicles) Regulations 2009 substitute—
"Penalty:5 penalty units.".
45Keeping documents
In regulation 260 of the Road Safety (Vehicles) Regulations 2009, for "class 1, 2 or 3" (wherever occurring) substitute "class O".
46Transitional provision for class 1 notices
At the end of Chapter 11 of the Road Safety (Vehicles) Regulations 2009 insert—
"278 Notices and permits following Heavy Vehicle National Law (Victoria)
A notice published in the Government Gazette under regulation 178 or clause 7 of Schedule 7 or a permit under regulation 180—
(a)that relates to vehicles that are class 1 vehicles under these Regulations; and
(b)that was in force immediately before the commencement of section 4 of the Heavy Vehicle National Law Application Act 2013—
continues to have effect after that commencement, to the extent that it relates to light vehicles or light combinations, as a class O vehicle notice or class O vehicle permit under the relevant regulation or clause, until its expiry date.".
Division 7—Amendments to Schedule 2
47Note to Schedule 2 amended
In the note to Schedule 2 of the Road Safety (Vehicles) Regulations 2009, for "vehicles" (where first occurring) substitute "light vehicles".
48Vehicle standards
In clause 1 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, after "standards for registration" insert "for light vehicles".
49Object of vehicle standards
In clause 2 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "motor vehicles, trailers and combinations" (wherever occurring) substitute "light motor vehicles, light trailers and light combinations".
50Definitions
In clause 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, the definitions of 50 millimetre kingpin, 75 millimetre kingpin, 90 millimetre kingpin, repeater horn and road tank vehicle are revoked.
51Diagrams
(1)In clause 4(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "(except the essential diagram in clause 165 of this Schedule)".
(2)The note at the foot of clause 4 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
52Non-application of Vehicle Standards to ADR‑compliant matters
The example at the foot of clause 12 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
53Note to Part 3 of Schedule 2
(1)In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "Vehicle Standards Bulletin No. 6 – National Code of Practice for Heavy Vehicle Modifications and".
(2)In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit—
"Ÿ Clause 119 (rear marking plates)
ŸClause 136(1) and (2) (braking system for prime mover in B‑double)
ŸClause 137 (braking system design for motor vehicles in road trains)
ŸClause 138(1) and (3) (braking system design for trailers in B‑doubles or road trains)
ŸClause 155(1) and (2) (speed limiting)".
(3)In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "Clauses 51 and 52" substitute "Clause 52".
(4)In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "(display of certain lights and reflectors)" substitute "(display of certain lights and reflectors).".
(5)In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit—
"Ÿ Clause 169(1)(b) (attachment of couplings and drawbar eyes on road trains).".
54What is an adopted standard?
For the example at the foot of clause 24 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 substitute—
"Example
Clause 53 adopts Australian Standard AS 1973-1993 Pneumatic Tyres—Passenger Car, Light Truck and Truck/Bus—Retreading and Repair Processes.".
55Steering
(1)Clause 27(1) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
(2)In clause 27(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "with a GVM not over 4×5 tonnes".
56Mudguards and spray suppression
(1)For clause 33(1) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 substitute—
"(1)A vehicle must have firmly fitted a mudguard for each wheel or for adjacent wheels.".
(2)In clause 33(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "Subclause (1)(a)" substitute "Subclause (1)".
(3)For the example at the foot of clause 33(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 substitute—
"Example
Subclause (2)(a) would apply to:
1 Most road-making plant;
2 Some agricultural equipment.".
(4)Clause 33(3) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
(5)In clause 33(4) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "However, a" substitute "A".
57Electrical wiring, components connections and installations
Clause 41(5) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
58Windscreens and windows
In clause 43(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, in the definition of approved material, in paragraph (h) for "Land Highway" substitute "Land Highways".
59Windscreen wipers and washers
Clause 45(3) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
60Pneumatic tyres—carcass construction
In clause 48(1) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "with a GVM not over 4×5 tonnes".
61Tyres for use on vehicles with GVM over 4×5 tonnes
Clause 51 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
62Schedule 2 amended
In Schedule 2 to the Road Safety (Vehicles) Regulations 2009—
(a)in clause 52(1)(b) for "1972; and" substitute "1972.";
(b)clause 52(1)(c) is revoked;
(c)for clause 54(2)(a) substitute—
"(a)across the tyre width that normally comes into contact with the road; and";
(d)clause 60 is revoked;
(e)in clause 61 for "class 1" substitute "class O";
(f)clause 62 is revoked;
(g)clause 63 is revoked;
(h)in clause 64(1) omit ", except an articulated bus,";
(i)clause 64(2) is revoked;
(j)clause 65 is revoked;
(k)in clauses 66, 67, 68, 69 and 72 for "or the relevant provisions of Schedule 7, 8 or 9" substitute "or in Schedule 7";
(l)the example at the foot of clause 87(3) is revoked.
63Other lights and reflectors
(1)In clause 118(1) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009—
(a)in the definition of exempt vehicle for "means" substitute "means a light vehicle that is"; and
(b)in paragraph (a) of the definition of special use vehicle, for "vehicle" substitute "light vehicle".
(2)In clause 118(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "vehicle" (where first occurring) substitute "light vehicle".
(3)In clause 118(3) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "vehicle" (where first occurring) substitute "light vehicle".
64Rear marking plates
(1)Clause 119(2) and (3) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 are revoked.
(2)In clause 119(4) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "with a GVM not over 12 tonnes or a trailer with a GTM not over 10 tonnes" substitute "or a trailer".
65Braking systems
In the note to Part 9 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "This Part also includes special requirements for braking systems on B-doubles and road trains to ensure that the braking systems on the component vehicles are compatible. The special requirements do not apply to a road train that is 19 metres long or less.".
66Parts of a braking system
Clause 125(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
67Supply of air or vacuum to brakes
Clause 127(1)(b) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
68Air or vacuum brakes on motor vehicles
Clause 131(5), (7) and (8) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 are revoked.
69Additional brake requirements
Division 4 of Part 9 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
70Exhaust systems
(1)Clause 148(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
(2)In clause 148(3) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, after "The outlet" insert "of the exhaust system fitted to a bus".
(3)Clause 148(4) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
71Maximum road speed limiting
Part 12 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
72Part 13 amended
In the note to Part 13 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "The requirements in this Part about the mechanical connections between vehicles in a road train do not apply to a road train 19 metres long or less.".
73Additional coupling requirements
Division 2 of Part 13 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.
Division 8—Amendments to Schedule 5
74Amendments to Schedule 5
(1)In item 20 in Schedule 5 to the Road Safety (Vehicles) Regulations 2009, for "Class 1 permit" substitute "Class O permit".
(2)Items 21 and 22 in Schedule 5 to the Road Safety (Vehicles) Regulations 2009 are revoked.
Division 9—Amendments to Schedule 7
75Heading to Schedule 7 substituted
For the heading to Schedule 7 to the Road Safety (Vehicles) Regulations 2009 substitute—
"Dimension Limits and other Requirements for Class O Vehicles".
76Heading to Part 1 of Schedule 7 substituted
For the heading to Part 1 of Schedule 7 to the Road Safety (Vehicles) Regulations 2009 substitute—
"PART 1—DIMENSION LIMITS AND OTHER REQUIREMENTS FOR ALL CLASS O VEHICLES".
77Schedule 7 amended
In Schedule 7 to the Road Safety (Vehicles) Regulations 2009—
(a)in clause 1—
(i)for "class 1" substitute "class O";
(ii)in subclause (2) for "mass or dimension limit" (wherever occurring) substitute "dimension limit".
(b)Division 2 of Part 1 is revoked;
(c)in clause 5—
(i)for "class 1" (wherever occurring) substitute "class O";
(ii)the example at the foot of Table 3 is revoked;
(d)in clause 6 for "class 1" substitute "class O";
(e)in clause 7—
(i)in the heading for "Class 1" substitute "Class O";
(ii)for "class 1" substitute "class O";
(iii)for "Class 1 permit" substitute "class O permit";
(f)in clause 8—
(i)in the heading for "class 1" substitute "class O";
(ii)for "class 1" substitute "class O";
(g)in clause 9—
(i)in the heading for "class 1" substitute "class O";
(ii)in subclause (1) for "class 1" substitute "class O";
(iii)in subclause (3) for "class 1" substitute "class O";
(iv)in subclause (5) for "class 1" substitute "class O";
(v)in subclause (7) for "class 1" substitute "class O";
(h)in clause 10 for "class 1" (wherever occurring) substitute "class O";
(i)in clause 11—
(i)in the heading for "class 1" substitute "class O";
(ii)for "class 1" substitute "class O";
(j)in clause 12—
(i)in the heading for "class 1" substitute "class O";
(ii)in subclause (1) for "class 1" substitute "class O";
(k)in clause 13 for "class 1" substitute "class O";
(l)in clause 14—
(i)in the heading for "class 1" substitute "class O";
(ii)for "class 1" (where first occurring) substitute "class O";
(m)in clause 15—
(i)in the heading for "class 1" substitute "class O";
(ii)for "class 1" (wherever occurring) substitute "class O";
(n)in clause 16—
(i)in the heading for "class 1" substitute "class O";
(ii)in subclause (1) for "class 1" substitute "class O";
(o)in clause 17—
(i)in the heading for "class 1" substitute "class O";
(ii)for "class 1" (wherever occurring, including the example) substitute "class O";
(p)in clause 18 for "class 1" substitute "class O";
(q)in clause 19—
(i)in the heading for "class 1" substitute "class O";
(ii)in subclause (1) for "class 1" substitute "class O";
(r)in clause 20—
(i)in the heading for "class 1" substitute "class O";
(ii)for "class 1" (wherever occurring) substitute "class O";
(s)in clause 21—
(i)in the heading for "class 1" substitute "class O";
(ii)for "class 1" substitute "class O";
(t)in clause 22 for "class 1" (wherever occurring) substitute "class O";
(u)in clause 23 for "class 1" (wherever occurring) substitute "class O";
(v)in clause 24—
(i)in the heading for "class 1" substitute "class O";
(ii)for "class 1" (wherever occurring) substitute "class O";
(w)in the heading to Part 2 for "CLASS 1" substitute "CLASS O";
(x)Division 2 of Part 2 is revoked;
(y)in clause 27 for "class 1" (wherever occurring) substitute "class O";
(z)in clause 28 for "class 1" substitute "class O";
(za)in clause 29 for "class 1" (wherever occurring) substitute "class O";
(zb)in clause 30—
(i)in subclause (1) for "class 1" substitute "class O";
(ii)subclause (2) is revoked;
(zc)clause 31 is revoked;
(zd)Division 2 of Part 3 is revoked;
(ze)Division 2 of Part 4 is revoked;
(zf)in clause 44(4) for "class 1" substitute "class O";
(zg)in clause 46 for "class 1" substitute "class O";
(zh)in the heading to Part 5 for "CLASS 1" substitute "CLASS O";
(zi)in clause 49 for "class 1" (wherever occurring) substitute "class O";
(zj)in clause 50(1)(b)(i) for "class 1" substitute "class O";
(zk)in clause 51 for "class 1" (wherever occurring) substitute "class O";
(zl)in clause 60(3) for "class 1" (wherever occurring) substitute "class O";
(zm)in clause 61(a) for "class 1" substitute "class O";
(zn)in clause 62—
(i)in the heading for "class 1" substitute "class O";
(ii)for "class 1" substitute "class O";
(zo)in clause 63 for "class 1" (wherever occurring) substitute "class O";
(zp)in clause 64—
(i)in the heading for "class 1" substitute "class O";
(ii)for "class 1" (wherever occurring) substitute "class O".
Division 10—Schedules 8 and 9 revoked
78Revocation of Schedules 8 and 9
Schedules 8 and 9 to the Road Safety (Vehicles) Regulations 2009 are revoked.
__________________
Part 3—Road Safety (Drivers) Regulations 2009
79Renewal or refusal to renew driver licence
In regulation 40(2)(d) of the Road Safety (Drivers) Regulations 2009[2], after "Regulations" insert "or the Heavy Vehicle National Law (Victoria) or the national regulations under that Law".
80Revocation of Part 5
Part 5 of the Road Safety (Drivers) Regulations 2009 is revoked.
81Amendments to Schedule 3
(1)For item 8 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute—
"8 Driving fatigue-regulated vehicle in contravention of maximum work requirement
—critical risk breach
HVNL 250(1)(a), 251(1)(a), 254(1)(a), 256(1)(a), 258(1)(a), 260(1)(a) 4
".
(2)For item 9 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute—
"9 Driving fatigue-regulated vehicle in contravention of minimum rest requirement
—critical risk breach
HVNL 250(1)(b), 251(1)(b), 254(1)(b), 256(1)(b), 258(1)(b), 260(1)(b) 4
".
(3)For item 16 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute—
"16 Driving in contravention of a condition of a major defect notice RS(V)R 240(1), HVNL 529 3
".(4)For item 33 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute—
"33 Driving fatigue-regulated vehicle while impaired by fatigue HVNL 228(1) 3
".(5)For item 34 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute—
"34 Driving fatigue-regulated vehicle in contravention of maximum work requirement
—severe risk breach
HVNL 250(1)(a), 251(1)(a), 254(1)(a), 256(1)(a), 258(1)(a), 260(1)(a) 3
".
(6)For item 35 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute—
"35 Driving fatigue-regulated vehicle in contravention of minimum rest requirement
—severe risk breach
HVNL 250(1)(b), 251(1)(b), 254(1)(b), 256(1)(b), 258(1)(b), 260(1)(b) 3
".
(7)For item 40 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute—
"40 Driving in contravention of a condition of a minor defect notice RS(V)R 240(1), HVNL 529 1
".(8)At the foot of the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 insert—
"HVNL means the Heavy Vehicle National Law (Victoria);".
82Amendments to Schedule 4
In Schedule 4 to the Road Safety (Drivers) Regulations 2009, for the paragraph headed "Road Safety Act 1986" substitute—
"Heavy Vehicle National Law (Victoria)
Sections 89, 250(1), 251(1), 254(1), 256(1), 258(1), 260(1), 293(1), 296(1), 297(2), 298(1), 301, 302, 326(1), 327, 329, 335(1), 336(1), 468(1), 704.
Road Safety Act 1986
Sections 7(1) and (2), 13(5), 18(1)(a) and (b), 19(5) and (7), 21(1A), 30(1), 32(1), 49(1), 50AAD(1)(a), 56(2) and (7), 59(1) and (8), 60(1), 61(3), (4) and (5), 62(3), 64(1), 68(1) and (2), 70(1A), 74(1) and (2).".
83Amendments to Schedule 5
Items 15 and 16 of Schedule 5 to the Road Safety (Drivers) Regulations 2009 are revoked.
__________________
Part 4—Road Safety (General) Regulations 2009
84Revocation of Parts 6 and 7
Parts 6 and 7 of the Road Safety (General) Regulations 2009[3] are revoked.
85Prosecution for parking offences
In regulation 83(b) of the Road Safety (General) Regulations 2009, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".
86Appropriation of fines
In regulation 84(c)(i)(C) of the Road Safety (General) Regulations 2009 omit "or 5".
87Traffic infringements
In Schedule 7 to the Road Safety (General) Regulations 2009—
(a)in column 3 of item 9A for "1, 2 or 3" substitute "O";
(b)in column 3 of item 9A omit "mass or";
(c)in column 4 of item 9A omit "192(1), 192(2), 192(3), 198(1), 198(2), 198(3)";
(d)item 165A is revoked;
(e)in column 3 of item 165B omit "(other than a large vehicle)";
(f)in column 3 of item 165D for "vehicle other than a heavy vehicle" substitute "light vehicle";
(g)in column 3 of item 165E before "vehicle" (where first occurring) insert "light";
(h)item 165F is revoked;
(i)items 166 to 227 are revoked;
(j)items 246 to 250 are revoked;
(k)in column 3 of item 250A before "vehicle" insert "light".
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ENDNOTES
[1] Reg. 4(1): S.R. No. 118/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 87/2013.
[2] Reg. 79: S.R. No. 95/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 86/2013. Subsequently amended by
S.R. Nos 28/2010, 23/2013 and 59/2013.
[3] Reg. 84: S.R. No. 115/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 84/2012. Subsequently amended by
S.R. No. 118/2013.
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