Heavy Vehicle National Law - National Heavy Vehicle Standards (Flashing Warning Lights) Exemption Notice 2020 (No.1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2020G00785 In force Gazette

Legislation content

HEAVY VEHICLE NATIONAL LAW

National Heavy Vehicle Standards (Flashing Warning Lights) Exemption Notice 2020 (No.1)

 

Part 1 – Preliminary

  1. Purpose

 

The purpose of this notice is to exempt a heavy vehicle to which it applies from specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation).

 

2.       Authorising Provision

 

This Notice is made under section 61 of the Heavy Vehicle National Law (HVNL).

 

3.       Title

This Notice may be cited as the National Heavy Vehicle Standards (Flashing Warning Lights) Exemption Notice 2020.

 

4.       Commencement

This Notice commences on 1 October 2020.

 

5.       Expiry

This Notice expires on 30 September 2025.

 

6.       Definitions

 

1)      Unless otherwise stated, words and expressions used in this Notice have the same meanings as those defined in the HVNL.

 

2)      In this Notice –

Applicable vehicle means a heavy vehicle: 

a)      described in the relevant Part of this notice,

b)      operating in the area and manner described in the relevant Part of this notice, and

c)       complies with the conditions detailed in the relevant Part of this notice.

 


7.       Exemption from Prescribed Vehicle Standards

 

An applicable vehicle is exempt from complying with the requirements of section 79(3) and 79(4) of Schedule 2 of the National Regulation.

 

 

Part 2– Workplace Health and Safety or Civil Aviation

  1. Application

 

1)      Part 2 of this Notice applies in all participating jurisdictions.

 

2)      Part 2 of this Notice applies to a heavy vehicle, other than an exempt vehicle or a special use vehicle, that is required to have one or more flashing yellow warning lights fitted to comply with work site or workplace health and safety legislation or the Civil Aviation Safety Regulations 1988 (Cth), and to an omnibus used on the O-Bahn busway.

 

2.       Conditions

 

1)      A heavy vehicle operating under this part may be fitted with one or more flashing yellow lights.

 

2)      A flashing light or lights must be mounted on top of the heavy vehicle and be visible from all sides.

 

3)      The operator of a heavy vehicle operating under this part must carry a letter of authorisation.

 

4)      A letter of authorisation must:

a)      be issued either by the work site manager or an authorised representative of the registered operator; and

b)      identify the work site where the heavy vehicle is operating; and

c)       identify the heavy vehicle, or type of heavy vehicle, that the letter applies to; and

d)      include an end date for the authorisation.

 

5)      For the purposes of Condition 4(b) of this Part, for a heavy vehicle working at more than one work site that requires the use of flashing warning lights, the letter of authority may refer to a ‘run sheet’, ‘work schedule’ or other company issued document that clearly identifies the work sites the vehicle will access.

 


6)      For the purposes of Condition 4(c) of this Part, a heavy vehicle or type of heavy vehicle may be identified by either:

a)      the vehicle’s registration number; or

b)      for an organisation that operates a fleet of vehicles where the vehicles are clearly marked on both sides of the cabin by a company logo and name — by these markings; or

c)       a unique fleet identification number, where this is permanently marked and clearly visible on the vehicle.

 

7)      The letter of authorisation and any document mentioned in condition 5 of this Part must be kept in each heavy vehicle at all times when operating under this notice and must be produced on request by an authorised officer.

 

8)      Conditions 3-7 listed in this Part do not apply to a heavy vehicle that is clearly identifiable as a vehicle that is used at airports, in the mining, construction or manufacturing industries, or that is an omnibus used on the O-Bahn busway.

 

9)      Flashing lights must not be turned on when the heavy vehicle is being driven or standing on a road or road-related area unless an emergency service officer gives that direction in response to an emergency or disaster.

Part 3 – Animal and Pest Management Vehicles in Queensland

  1. Application

 

1)      Part 3 of this Notice applies only in Queensland.

 

2)      Part 3 of this Notice applies to a heavy vehicle, other than an exempt vehicle or a special use vehicle, which is operated by:

a)      the Brisbane City Council (as defined in the City of Brisbane Act 2010 (Qld)) in the course of its daily operations of animal and pest control within the area of that council; or

b)      a local government (as defined under the Local Government Act 2009 (Qld)) in the course of its daily operations of animal and pest control within the area of that local government; or

c)       the Queensland Royal Society for the Prevention of Cruelty to Animals (QRSPCA) in the course of the activities of the society’s inspectorate; or

d)      a department of government (as established by the Public Service Act 2008 (Qld) Division 2 section 14) in the course of its daily operations of animal and pest control in Queensland.

 


2.       Conditions

 

1)      A heavy vehicle operating under this part may be fitted with one or more green and yellow flashing lights.

 

2)      Flashing lights must not be turned on other than when the vehicle is being used for animal or pest management activities.

Part 4 – Fire Management Vehicles in Queensland

  1. Application

 

1)      Part 4 of this Notice applies only in Queensland.  

 

2)      Part 4 of this Notice also applies to a heavy vehicle, other than an exempt vehicle or a special use vehicle, which is used for fire management by:

 

a)      a department of government (as established by the Public Service Act 2008 (Qld) Division 2 section 14); or

b)      the Brisbane City Council (as defined in the City of Brisbane Act 2010 (Qld)); or

c)       a local government (as defined in the Local Government Act 2009 (Qld)); or

d)      a plantation licensee (as defined in the Forestry Act 1959 (Qld)); or

e)      Griffith University (as defined in the Griffith University Act 1998 (Qld)); or

f)        a new water entity (as defined in the South East Queensland Water (Restructuring) Act 2007 (Qld)); or

g)       another entity which provides fire management services on behalf of an entity listed in subsections (a) – (f).

2.       Conditions

 

1)      A heavy vehicle operating under this part may be fitted with one or more green and yellow flashing lights.

 

2)      Flashing lights must not be turned on other than when the vehicle is being used for animal or pest management activities.

 

 

Part 5 – Vehicles Attending to Livestock Movement in South Australia

  1. Application

 

3)      Part 5 of this Notice applies only in South Australia.

 

4)      Part 5 of this Notice applies to a heavy vehicle, other than an exempt vehicle or a special use vehicle, that is used by a primary producer for escorting livestock along or across a road or a road related area.

2.       Conditions

 

1)      A heavy vehicle operating under this part may be fitted with one or more flashing yellow lights.

 

2)      Flashing lights must not be turned on other than when the vehicle is being used in relation to the movement of livestock along or across a road or road related area.

 

Don Hogben

Chief Regulatory Policy and Standards Officer

National Heavy Vehicle Regulator

 

Overview

The Heavy Vehicle National Law (HVNL) National Heavy Vehicle Standards (Flashing Warning Lights) Exemption Notice 2020 (No. 1) was introduced to provide exemptions from specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation for heavy vehicles that need to be fitted with flashing warning lights for various purposes. This Notice, enacted by the National Heavy Vehicle Regulator, addresses the need for flexibility in vehicle standards to accommodate specific operational requirements while maintaining safety and regulatory compliance. The policy objective of this Notice is to allow certain heavy vehicles to be exempt from certain prescribed vehicle standards to better meet the needs of specific industries and operations, ensuring that vehicles can perform their required duties effectively without unnecessary regulatory burdens. The Notice applies in different jurisdictions, catering to sectors such as workplace health and safety, civil aviation, animal and pest management, fire management, and livestock movement, with specific conditions governing the use of flashing warning lights on these vehicles.

Scope and Application

The National Heavy Vehicle Standards (Flashing Warning Lights) Exemption Notice 2020 (No.1) provides exemptions from certain flashing warning light requirements for specific types of heavy vehicles in different contexts and jurisdictions across Australia. This Notice operates under section 61 of the Heavy Vehicle National Law (HVNL) and is intended to exempt certain heavy vehicles from the stringent standards outlined in the Heavy Vehicle (Vehicle Standards) National Regulation. The Notice is applicable in all participating jurisdictions, with specific sections tailored to different industries such as workplace health and safety, animal and pest management, fire management, and livestock movement. The exemptions pertain to vehicles required to have flashing lights due to their operations in specified areas, with stringent conditions on the use, mounting, and authorisation of these lights. For example, heavy vehicles operating under workplace health and safety or civil aviation legislation must be fitted with flashing yellow lights, visible from all sides, and must carry a letter of authorisation issued by the work site manager or an authorised representative. Additionally, the Notice exempts certain vehicles from these requirements if they are used at airports, in mining, construction, or manufacturing sectors, or if they are omnibuses on the O-Bahn busway. The Notice also sets out different requirements for vehicles operating in Queensland for animal and pest management, and fire management, and in South Australia for livestock movement, all of which involve specific conditions on the use of flashing lights. This Notice commences on 1 October 2020 and will expire on 30 September 2025, unless otherwise altered by subordinate instruments.

Key Provisions

The National Heavy Vehicle Standards (Flashing Warning Lights) Exemption Notice 2020 (No.1) (the Notice) outlines exemptions from specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation). These exemptions apply to particular types of heavy vehicles in certain jurisdictions. The Notice was made under section 61 of the Heavy Vehicle National Law (HVNL) and commenced on 1 October 2020, expiring on 30 September 2025. It provides exemptions to applicable vehicles, defined as heavy vehicles meeting specific criteria, from certain requirements under sections 79(3) and 79(4) of Schedule 2 of the National Regulation. Under the Notice, obligations are placed on the operators of heavy vehicles. For instance, Part 2 of the Notice requires that a heavy vehicle operating under this part may be fitted with one or more flashing yellow lights, which must be mounted on top of the vehicle and be visible from all sides. The operator must carry a letter of authorisation issued by the work site manager or an authorised representative of the registered operator. This letter must identify the work site, the heavy vehicle or type of vehicle, and include an end date for the authorisation. The letter must be produced on request by an authorised officer. Additionally, flashing lights must not be turned on unless directed by an emergency service officer in response to an emergency or disaster. There are also specific conditions for vehicles in Queensland. For animal and pest management vehicles, Part 3 allows for the fitting of green and yellow flashing lights but stipulates that these lights must not be turned on except when the vehicle is being used for animal or pest management activities. Similarly, for fire management vehicles in Queensland, Part 4 permits the use of green and yellow flashing lights but only when the vehicle is being used for fire management activities. In South Australia, Part 5 of the Notice applies to heavy vehicles used by primary producers for escorting livestock. These vehicles may be fitted with one or more flashing yellow lights, which must only be used when the vehicle is escorting livestock along or across a road or road-related area. Failure to comply with these conditions could result in civil or criminal penalties, although specific penalties are not detailed in the Notice.

Legal classification tags

Area of Law
Commercial Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Offence Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Prohibited Conduct

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.