HEAVY VEHICLE NATIONAL LAW
South Australia Heavy Vehicle Standards (Christmas Pageant) Exemption Notice 2020 (No. 1)
- Purpose
The purpose of this notice is to exempt a heavy vehicle that operates as a float in the Adelaide Christmas Pageant from particular requirements found in Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation).
This notice replaces South Australia Adelaide Christmas Pageant Vehicle Standards and Dimension Exemption Notice 2019 (No.1), which is now revoked.
Note: This Notice is not an access authorisation. This Notice only provides Vehicle Standards exemptions and does not authorise access to the road network. To gain access to the road network, a vehicle must comply with the South Australia Class 1 and 3 Christmas Pageant Dimension Exemption Notice 2020 (No.2) or under permit.
2. Authorising Provisions
This notice is made under section 61 of the Heavy Vehicle National Law (HVNL), as in force in South Australia.
3. Title
This notice may be cited as the South Australia Heavy Vehicle Standards (Christmas Pageant) Exemption Notice 2020 (No. 1).
4. Commencement
This notice commences on 11 November 2020.
5. Expiry
This notice expires on 9 February 2024.
6. Definitions
- Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL.
2. In this Notice:-
Christmas pageant float means a vehicle or combination, either self-propelled or towed by another vehicle, that is constructed and adorned for use in the Adelaide Christmas Pageant.
7. Application
This notice applies to Christmas pageant floats operating only in South Australia for the purpose of the Adelaide Christmas Pageant.
8. Exemption from Prescribed Vehicle Standard
Christmas pageant floats operating under this notice are exempt from the following requirements in Schedule 2 of the National Regulation:
a) Section 11 - Horns, alarms, etc.
b) Section 12 - Rear vision mirrors
c) Section 39 - Headlights to be fitted to vehicles
d) Section 45 - Parking lights
e) Section 47 - Tail lights
f) Section 51 - Number plate lights
g) Section 52 - Front clearance lights
h) Section 55 - Side marker lights
i) Section 59 - Fitting brake lights
j) Section 62 - Direction indicator lights
k) Section 69 - Reflectors generally
l) Section 70 - Rear reflectors
m) Section 73 - Compulsory front reflectors on particular trailers
n) Section 83 - Turn Signals
o) Section 88 - What braking system a heavy motor vehicle must have
p) Section 94 - Crank case gases
q) Section 99 - Exhaust systems
8. Conditions
- A Christmas pageant float must comply with the conditions contained in the South Australia Class 1 and 3 Christmas Pageant Dimension Exemption Notice 2020 (No.2).
Don Hogben
Chief Regulatory Policy and Standards Officer
National Heavy Vehicle Regulator
Overview
The South Australia Heavy Vehicle Standards (Christmas Pageant) Exemption Notice 2020 (No. 1) was enacted to provide specific exemptions for heavy vehicles participating in the Adelaide Christmas Pageant, thereby addressing the unique requirements of these vehicles that do not align with standard heavy vehicle regulations. This notice was made under the authority of section 61 of the Heavy Vehicle National Law (HVNL), as enforced in South Australia, by the National Heavy Vehicle Regulator. Its policy objective is to facilitate the participation of Christmas pageant floats in the Adelaide Christmas Pageant while ensuring that they meet certain safety and operational conditions, separate from the typical heavy vehicle standards. This exemption notice replaces the South Australia Adelaide Christmas Pageant Vehicle Standards and Dimension Exemption Notice 2019 (No.1) and is effective from 11 November 2020 until 9 February 2024. It should be noted that this notice does not grant road access; compliance with separate dimension exemption notices or permits is required for vehicles to operate on public roads.
Scope and Application
The South Australia Heavy Vehicle Standards (Christmas Pageant) Exemption Notice 2020 (No. 1) applies specifically to heavy vehicles that operate as floats in the Adelaide Christmas Pageant within South Australia. This exemption notice is made under section 61 of the Heavy Vehicle National Law (HVNL) as it applies in South Australia and provides relief from certain standards prescribed in Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation. The exemption applies only to floats participating in the Adelaide Christmas Pageant, which must comply with the conditions outlined in the South Australia Class 1 and 3 Christmas Pageant Dimension Exemption Notice 2019 (No. 2). It is important to note that this notice does not provide access authorisation to the road network; separate compliance with South Australia Class 1 and 3 Christmas Pageant Dimension Exemption Notice 2020 (No. 2) or a permit is required for road access. The notice came into effect on 11 November 2020 and will expire on 9 February 2024, unless otherwise altered by subordinate instruments.
Key Provisions
The key sections of the South Australia Heavy Vehicle Standards (Christmas Pageant) Exemption Notice 2020 (No. 1) (the Notice) provide exemptions from specific vehicle standards for heavy vehicles operating as floats in the Adelaide Christmas Pageant. Section 8 details the exemptions from various requirements listed in Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation, including exemptions from standards related to horns, mirrors, lights, reflectors, and braking systems. The Notice applies exclusively to Christmas pageant floats operating in South Australia during the Adelaide Christmas Pageant (section 7).
The Notice imposes certain conditions on the parties it governs. Christmas pageant floats must adhere to the conditions stipulated in the South Australia Class 1 and 3 Christmas Pageant Dimension Exemption Notice 2020 (No. 2) (section 8). This implies that while the Notice exempts certain vehicle standards, the floats must still comply with dimensional standards to ensure safety and compliance with road regulations. Furthermore, the Notice emphasises that it does not provide road access authorisation; vehicles must comply with other specified notices or obtain a permit to access the road network.
There are no explicit offences, penalties, or consequences detailed within the Notice itself. However, non-compliance with the conditions set forth in the South Australia Class 1 and 3 Christmas Pageant Dimension Exemption Notice 2020 (No. 2) could lead to penalties as outlined in that separate notice or under the broader provisions of the Heavy Vehicle National Law (HVNL). The primary focus of this Notice is to exempt certain vehicle standards, and thus, breaches of the conditions in the dimension exemption notice may incur penalties under the HVNL, which could include fines or other enforcement actions. It is essential for parties to ensure compliance with both the Notice and the dimensional exemption notice to avoid any potential legal ramifications.