Overview

The National Heavy Vehicle Standards (Dual Control Waste Collection Vehicles) Exemption Notice 2020 (No.1), enacted to address the operational needs of waste collection vehicles fitted with dual steering controls, was introduced to provide exemptions from certain standards under the Heavy Vehicle (Vehicle Standards) National Regulation. This Notice was made under section 61 of the Heavy Vehicle National Law (HVNL) by the National Heavy Vehicle Regulator, aiming to balance safety and practicality for waste collection vehicles. These vehicles are used for roadside waste or recycling collection and street sweeping, and the exemptions allow for more flexible operation while ensuring safety measures are in place, such as the display of "DUAL CONTROL" on the vehicle's rear and the use of warning lights when operating from the left-hand steering control. This Notice, which revokes and replaces the 2019 exemption, commenced on 18 September 2020 and will expire on 17 September 2025.

Scope and Application

The National Heavy Vehicle Standards (Dual Control Waste Collection Vehicles) Exemption Notice 2020 (No.1) is a legislative instrument that provides an exemption from specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation for heavy vehicles used in waste or recycling collection and street sweeping, provided they are fitted with dual steering controls. This notice applies to waste collection vehicles operating in all participating jurisdictions under the Heavy Vehicle National Law. The exemption aims to allow for practical operation of these vehicles while maintaining certain safety standards, such as mandating the use of the left-hand steering control in specific circumstances and requiring the display of "DUAL CONTROL" on the vehicle's rear. Additionally, vehicles must be equipped with a warning light that meets specified visibility and intensity criteria when the left-hand steering control is in use. This notice, which revokes and replaces the 2019 version, came into effect on 18 September 2020 and will expire on 17 September 2025.

Key Provisions

The National Heavy Vehicle Standards (Dual Control Waste Collection Vehicles) Exemption Notice 2020 (No.1) sets out specific exemptions and conditions for heavy vehicles equipped with dual steering controls and used for waste or recycling collection, or street sweeping. According to section 8 of the notice, these vehicles are exempt from certain requirements under the Heavy Vehicle (Vehicle Standards) National Regulation. These include the requirement that the steering controls must not be located on the left of the centreline of the vehicle as specified in clause 7.1.1 of Australian Design Rule 42/04 – Steering Controls (section 8(1)). Additionally, they are exempt from the mandatory fitting of one or more flashing lights as required by sections 79(3) and 79(4) of Schedule 2 of the National Regulation (section 8(2)). The notice imposes several conditions on waste collection vehicles to ensure safety and compliance. Firstly, these vehicles must only be operated from the left-hand steering control under specific circumstances, as outlined in section 9(1). This includes operating from the nearest safe place to the first collection or sweeping point, while actively collecting waste or recycling, or street sweeping on the left-hand side of the road, during short transits between collection or sweeping points, and from the last point of collection or sweeping to the nearest safe place. Secondly, the words "DUAL CONTROL" must be clearly displayed on the rear of the vehicle in letters at least 75 mm high and in a colour that contrasts clearly with the background (section 9(2)). Thirdly, the vehicle must be configured to ensure the driver can view traffic in all directions from both steering controls (section 9(3)). Finally, the vehicle must be fitted with a warning light that must be lit at all times when the vehicle is operated from the left-hand steering control (section 9(4)). There are also specific requirements for the warning light. According to section 9(4)(a), the light must be clearly visible at a distance of 500 metres in all directions or supplemented by additional warning lights so that the light emanating from at least one of them is clearly visible at a distance of 500 metres in any direction. When switched on, the warning light must not be a strobe light (section 9(4)(b)(a)), must emit a yellow coloured light of rotating and flashing effect (section 9(4)(b)(b)), must flash between 120 and 240 times a minute (section 9(4)(b)(c)), and must not be of an intensity that is likely to dazzle another road user (section 9(4)(b)(d)). Failure to comply with these conditions may result in civil or criminal consequences, although the specific penalties are not detailed in the notice.