HEAVY VEHICLE NATIONAL LAW
New South Wales Heavy Vehicle Standards (Conditional Registration) Exemption Notice 2020 (No. 1)
- Purpose
The purpose of this notice is to exempt a heavy vehicle that is eligible for conditional registration in New South Wales from particular requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation).
2. Authorising Provisions
This notice is made under section 61 of the Heavy Vehicle National Law (HVNL).
3. Title
This notice may be cited as the New South Wales Heavy Vehicle Standards (Conditional Registration) Exemption Notice 2020 (No. 1).
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:
Certificate of Approved Operations means a certificate issued pursuant to section 55 of the NSW Regulation.
Conditional registration means conditional registration in New South Wales pursuant to section 13 of the NSW Regulation.
NSW Regulation means the Road Transport (Vehicle Registration) Regulation 2007 (NSW).
7. Application
1) This notice applies only in New South Wales.
2) This notice applies to heavy vehicles that have been issued with a Certificate of Approved Operations.
8. Exemption from Prescribed Vehicle Standard
A heavy vehicle described in section 7 of this notice is exempt from complying with the requirements of Schedule 2 of the National Regulation.
9. Conditions
A heavy vehicle operating under this notice must comply with all the conditions imposed by the Certificate of Approved Operations.
Don Hogben
Chief Regulatory Policy and Standards Officer
National Heavy Vehicle Regulator
Overview
The New South Wales Heavy Vehicle Standards (Conditional Registration) Exemption Notice 2020 (No. 1) was enacted to provide relief for heavy vehicles that are eligible for conditional registration in New South Wales, exempting them from specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation. This exemption aims to facilitate the conditional registration process for vehicles that meet certain criteria and are issued with a Certificate of Approved Operations. The notice was introduced to streamline regulatory processes and support the efficient operation of heavy vehicles within New South Wales, ensuring they comply with all imposed conditions by their Certificate of Approved Operations. Made under section 61 of the Heavy Vehicle National Law, this notice is applicable solely in New South Wales and commences on 1 October 2020, with an expiry date of 30 September 2025.
Scope and Application
The New South Wales Heavy Vehicle Standards (Conditional Registration) Exemption Notice 2020 (No. 1) pertains to heavy vehicles that have been issued with a Certificate of Approved Operations and are eligible for conditional registration within the state of New South Wales. This notice, which is made under section 61 of the Heavy Vehicle National Law (HVNL), aims to exempt such vehicles from specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation, particularly those outlined in Schedule 2 of the National Regulation. The notice applies solely within New South Wales and is effective from 1 October 2020 until 30 September 2025. It is important to note that while the vehicles are exempt from certain standards, they must still comply with all conditions imposed by the Certificate of Approved Operations. This notice does not specify any exclusions or exemptions beyond the conditions of the Certificate of Approved Operations.
Key Provisions
The New South Wales Heavy Vehicle Standards (Conditional Registration) Exemption Notice 2020 (No. 1) exempts certain heavy vehicles from specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (section 8). This notice is specifically applicable to heavy vehicles that have been issued with a Certificate of Approved Operations under section 55 of the NSW Regulation (section 7). The exemption applies solely within New South Wales, as stated in section 7(1) of the notice. Vehicles granted conditional registration under section 13 of the NSW Regulation are eligible for this exemption.
The primary obligation for vehicles covered by this notice is to adhere to the conditions outlined in their Certificate of Approved Operations (section 9). These conditions are intended to ensure that the vehicles maintain safety and compliance standards while operating under the conditional registration. The notice underscores that while certain national standards are waived, the vehicles must still meet all the specific conditions set out in their certificates.
For breaches of the conditions specified in the Certificate of Approved Operations, the notice does not explicitly state penalties. However, any failure to comply with the conditions could potentially lead to revocation of the conditional registration or other regulatory actions under the NSW Regulation. The overarching legal framework, including the Heavy Vehicle National Law, would provide the basis for any enforcement actions, penalties, or legal consequences that may apply in such cases.