Heavy Vehicle National Law - National Heavy Vehicle Standards (Conspicuity Marking) Exemption Notice 2016 (No. 1)

Overview

The National Heavy Vehicle Standards (Conspicuity Marking) Exemption Notice 2016 (No. 1) was introduced to address the need for a streamlined approach to vehicle safety and conspicuity on Australian roads. Enacted under section 61 of the Heavy Vehicle National Law (HVNL), this notice aims to provide a practical exemption for heavy vehicles equipped with approved conspicuity markings, thereby reducing the administrative burden associated with complying with rear marking plate requirements. The notice, which applies in all participating jurisdictions, was issued by the National Heavy Vehicle Regulator, Geoff Casey, and it became effective on the date of its publication in the Commonwealth Gazette, with an expiry date set five years later. The primary objective of this legislation is to enhance road safety by ensuring that heavy vehicles are adequately marked while also simplifying compliance for vehicle operators.

Scope and Application

The National Heavy Vehicle Standards (Conspicuity Marking) Exemption Notice 2016 (No. 1) applies to heavy vehicles fitted with approved conspicuity markings in all participating jurisdictions, which includes states and territories that have adopted the Heavy Vehicle National Law (HVNL). This notice exempts such vehicles from the requirement to fit rear marking plates as specified in Schedule 2 Section 80 of the Heavy Vehicle (Vehicle Standards) National Regulation. However, it is important to note that this exemption does not relieve the vehicle from other requirements such as fitting ‘do not overtake turning vehicle’ signs, which may still be mandated under the laws of individual participating jurisdictions. The notice is made under section 61 of the HVNL and commences on the date of its publication in the Commonwealth Gazette, expiring five years thereafter. Approved conspicuity markings, as defined in this notice, must comply with the requirements of the ADR13 Installation of Lighting and Light-signalling Devices on other than L-Group Vehicles.

Key Provisions

The National Heavy Vehicle Standards (Conspicuity Marking) Exemption Notice 2016 (No. 1) provides an exemption from the requirement to fit rear marking plates for heavy vehicles equipped with approved conspicuity markings (section 8). This notice applies in all jurisdictions participating in the Heavy Vehicle National Law (section 7). To benefit from this exemption, a heavy vehicle must have approved conspicuity markings installed on each side and the rear (section 9). The Act imposes several obligations on the parties it governs. First, it mandates that heavy vehicles fitted with approved conspicuity markings comply with the requirements set out in the approved markings, which must adhere to the standards specified in the ADR13 Installation of Lighting and Light-signalling Devices on other than L-Group Vehicles (section 5). Furthermore, it is essential that these markings are installed on each side and the rear of the vehicle (section 9). Additionally, while the notice exempts the requirement to fit rear marking plates, jurisdictions may still require the installation of 'do not overtake turning vehicle' signs as per their local laws. Under this notice, there are no specific offences or penalties outlined for breaches. However, non-compliance with the conspicuity marking requirements could potentially result in penalties under the applicable jurisdiction's local laws. The notice is in force for five years from the date of commencement and may be subject to future amendments as specified in the National Regulation (sections 4 and 5). It is essential for operators and maintainers of heavy vehicles to ensure compliance with both the notice and any additional local requirements to avoid potential penalties or enforcement actions.