Heavy Vehicle National Law - New South Wales Heavy Vehicle Standards (Rear-Loading Waste Collection Vehicle) Exemption Notice 2017 (No. 1)

Overview

The New South Wales Heavy Vehicle Standards (Rear-loading waste collection vehicle) Exemption Notice 2017 (No.1) was enacted to address a specific gap in the compliance requirements for rear-loading waste collection vehicles in New South Wales. This legislation was introduced to exempt these vehicles from certain prescribed heavy vehicle standards while still ensuring road safety. Authorised under section 61 of the Heavy Vehicle National Law (HVNL), the notice was published and commenced on the date of its publication, with an expiry date five years later. This exemption applies only in New South Wales and is limited to rear-loading waste collection vehicles, defined as those designed to collect waste using a bin lifting mechanism at the rear. The primary aim of this exemption is to provide flexibility in the application of certain dimensional requirements, specifically those related to the rear overhang of the vehicle, provided certain conditions are met. These conditions include limitations on the rear overhang, the design and operation of any steps used during waste collection, and the mandatory use of headlights or daytime running lights, as well as a warning light when the vehicle is engaged in waste collection activities.

Scope and Application

The New South Wales Heavy Vehicle Standards (Rear-loading waste collection vehicle) Exemption Notice 2017 provides a specific exemption from certain heavy vehicle standards for rear-loading waste collection vehicles. This exemption applies exclusively within the jurisdiction of New South Wales and is limited to vehicles specifically designed and constructed for the purpose of waste collection, equipped with a bin lifting mechanism at the rear. The notice is intended to facilitate the operation of these vehicles while maintaining safety and regulatory compliance within specified parameters. The exemption is effective from the date of publication and remains in force for a period of five years. Despite the exemption from certain dimension requirements, the notice imposes conditions such as limiting the rear overhang, ensuring the vehicle is within regulation limits when not in use, and mandating the use of headlights and warning lights during waste collection activities. These conditions are designed to mitigate any potential safety risks associated with the exempted vehicles. The notice does not extend its application beyond New South Wales and does not cover other types of heavy vehicles or other jurisdictions.

Key Provisions

The New South Wales Heavy Vehicle Standards (Rear-loading waste collection vehicle) Exemption Notice 2017 (No. 1) primarily exempts rear-loading waste collection vehicles from certain prescribed heavy vehicle standards under section 61 of the Heavy Vehicle National Law (HVNL). This notice, which applies specifically in New South Wales, allows rear-loading waste collection vehicles to be exempt from certain dimension requirements outlined in Schedule 2 Section 34(1) of the VS Regulation, more precisely Schedule 6 Section 5(1) concerning the length of the rear overhang of heavy vehicles. According to this notice, rear-loading waste collection vehicles can have a rear overhang that does not exceed the lesser of 90% of the vehicle’s wheelbase or 4.0 metres (section 8). The notice imposes several conditions on rear-loading waste collection vehicles. Firstly, if a step is fitted for use during waste collection and it causes the vehicle to exceed dimension limits, the step must be designed to fold so that the vehicle complies with regulation limits or does not extend beyond another fixed component (section 9(2)). Secondly, when not in use, such steps must be folded (section 9(3)). Additionally, the vehicle must have its low beam headlights or daytime running lights on while engaged in waste collection (section 9(4)). Lastly, a warning light must be fitted and switched on whenever the vehicle is engaged in waste collection, complying with the characteristics and visibility requirements set out in Schedule 8 of the MDL Regulation (sections 9(5) and 9(6)). Breaches of the conditions set out in this notice may have legal consequences. Although the notice does not explicitly state penalties for non-compliance, breaches of the HVNL can result in fines and other penalties as prescribed under the law. For instance, contravening the heavy vehicle standards can attract fines up to $16,500 for individuals and $82,500 for corporations, as per the penalties outlined in the HVNL. In addition to financial penalties, non-compliance may also lead to vehicle impoundment or other enforcement actions by authorities.