Overview

The South Australian Heavy Vehicle Standards (Rear Lighting Requirements for Roll-On/Roll-Off Vehicles) Exemption Notice 2019 (No. 1) was enacted to address the need for exemptions from certain heavy vehicle lighting standards for roll-on/roll-off vehicles used in the transport of waste products or scrap metal. This notice was introduced under section 61 of the Heavy Vehicle National Law, as in force in South Australia, by the National Heavy Vehicle Regulator. The primary objective of this notice is to provide flexibility and practical exemptions for specific vehicles involved in the transport of waste, ensuring that they can operate effectively within the constraints of the National Regulation while maintaining necessary safety standards. This exemption notice applies solely in South Australia and is limited to roll-on/roll-off vehicles that meet the specified criteria, such as having a manufacturer's Gross Vehicle Mass exceeding 4.5 tonnes and being used for transporting waste products or scrap metal. The exemption allows these vehicles to operate without full compliance with certain rear lighting requirements, provided they adhere to the conditions set out in the notice, such as the vehicle being used for the specified activities and not transporting a bin or having protruding loading frames. This measure aims to balance the operational needs of the industry with the overarching goal of road safety.

Scope and Application

The South Australian Heavy Vehicle Standards (Rear Lighting Requirements for Roll-On/Roll-Off Vehicles) Exemption Notice 2019 (No.1) pertains specifically to roll-on/roll-off vehicles, which are defined as vehicles with a manufacturer’s Gross Vehicle Mass exceeding 4.5 tonnes, used for the transport of waste products or scrap metal. This exemption notice applies only within South Australia and provides specific relief from certain lighting requirements outlined in the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation). The exemption exempts these vehicles from complying with Australian Design Rule (ADR) ARD 13/00 for particular types of lights and reflectors as listed in Table 1 of the Notice, provided that the vehicles are used solely for activities associated with the transport of waste products or scrap metal or for moving to or from a storage, maintenance, or repair location, with certain conditions. Notably, the exemption ceases to apply if the vehicle is used outside these specified purposes, and in such cases, all applicable lighting requirements under the National Regulation must be met.

Key Provisions

The main operative sections of the South Australian Heavy Vehicle Standards (Rear Lighting Requirements for Roll-On/Roll-Off Vehicles) Exemption Notice 2019 (No. 1) provide exemptions from certain vehicle standards for roll-on/roll-off vehicles in South Australia. Section 8 of the Notice exempts such vehicles from complying with specified clauses of the Australian Design Rule (ADR) ARD 13/00 and corresponding sections of the Heavy Vehicle (Vehicle Standards) National Regulation, including reversing lamps, direction indicator lamps, stop lamps, rear position lamps, rear retro-reflectors, and side marker lamps (section 8(1)). These exemptions apply to vehicles used for transporting waste products or scrap metal, provided certain conditions are met (section 9). The Notice imposes specific obligations on the parties it governs. Roll-on/roll-off vehicles must comply with the exemptions only if they are transporting waste products or scrap metal and are used for activities related to this transport, or if they are being transported to or from a place of storage, maintenance, or repair (section 9(1)). The exemption also requires that a bin must be being transported on the vehicle and the "loading frames" must not protrude beyond the rear of the bin (section 9(2)). Additionally, rear lighting equipment must be fitted no further forward than 1600 millimetres from the rear of the vehicle (section 9(3)). Failure to comply with the conditions of the exemption can result in significant legal consequences. If a roll-on/roll-off vehicle is driven on a road or road-related area outside the specified circumstances (such as without transporting a bin), the exemption does not apply, and the vehicle must comply with all applicable lighting requirements under the National Regulation. A temporary lighting board may be attached to the rear of the vehicle in such circumstances to ensure compliance. Breaches of the Notice may result in enforcement actions, which can include fines and other penalties as provided under the National Law. The exact penalties for non-compliance are not specified within this Notice but can be found in the broader legislative framework under which it operates.