Overview

The South Australian Heavy Vehicle Standards (Rear Lighting Requirements for Roll-On/Roll-Off Vehicles) Exemption Notice 2020 (No.1) was introduced to address specific lighting requirements for roll-on/roll-off vehicles in South Australia. This Notice, made under section 61 of the Heavy Vehicle National Law as in force in South Australia, aims to provide an exemption for certain rear lighting components of these vehicles. The exemption is applicable only within South Australia and is designed for vehicles used in the transport of waste products or scrap metal, provided the vehicles are used for their designated purposes and comply with specific conditions. The policy objective is to facilitate the efficient operation of these vehicles while ensuring safety standards are met under certain conditions. This exemption notice commences on 10 February 2020 and will expire on 9 February 2022. It provides a temporary relief from certain prescribed vehicle standards, specifically those related to reversing lamps, direction indicator lamps, stop lamps, rear position lamps, rear retro-reflectors, and side marker lamps, as outlined in Table 1 of the notice. However, the exemption is contingent on the vehicle being used for its intended purposes and maintaining the specified conditions, such as the transportation of bins and the fitting of rear lighting equipment within the stipulated distance from the vehicle's rear.

Scope and Application

The South Australian Heavy Vehicle Standards (Rear Lighting Requirements for Roll-On/Roll-Off Vehicles) Exemption Notice 2020 (No.1) is a specific legislative instrument designed to provide exemptions to certain lighting requirements under the Heavy Vehicle (Vehicle Standards) National Regulation for roll-on/roll-off vehicles in South Australia. This Notice applies only to vehicles with a manufacturer’s Gross Vehicle Mass exceeding 4.5 tonnes used for transporting waste products or scrap metal, and it exempts these vehicles from certain compliance obligations under Schedule 1 Section 2(1) and Schedule 2 of the National Regulation. The exemptions pertain to specific lights and reflectors as detailed in Table 1 of the Notice. The exemption is contingent on certain conditions, including the vehicle being used for the transport of waste products or scrap metal or for transportation to and from storage, maintenance, or repair facilities, and that the vehicle must be transporting a bin and not have protruding loading frames beyond the rear of the bin. Furthermore, any rear lighting equipment must be fitted no further forward than 1600 millimetres from the rear of the vehicle. This Notice, effective from 10 February 2020, expires on 9 February 2022.

Key Provisions

The key operative sections of the South Australian Heavy Vehicle Standards (Rear Lighting Requirements for Roll-On/Roll-Off Vehicles) Exemption Notice 2020 (No.1) (section 8) exempt certain roll-on/roll-off vehicles from specific compliance requirements under the Heavy Vehicle (Vehicle Standards) National Regulation. Section 8(1) exempts these vehicles from the Australian Design Rule (ADR) 13/00 for particular types of lights and reflectors, as detailed in Table 1 of the notice. Similarly, section 8(2) exempts these vehicles from the corresponding sections of Schedule 2 of the National Regulation, as listed in Table 1. The notice imposes specific obligations and requirements on the parties it governs. For instance, section 9(1) mandates that the exempted roll-on/roll-off vehicles can only be used on roads or related areas for activities associated with the transport of waste products or scrap metal, or for transporting the vehicle to or from storage, maintenance, or repair facilities. The exemption also requires that a bin must be being transported on the vehicle, and that the "loading frames" must not protrude beyond the rear of the bin. Furthermore, section 9(2) stipulates that if the vehicle is driven under other circumstances not covered by this exemption, all lighting equipment requirements under the National Regulation must be adhered to, and a temporary lighting board may be attached to the rear of the vehicle. The notice also outlines the potential consequences for non-compliance. Although the notice does not explicitly state offences or penalties, it is made under section 61 of the Heavy Vehicle National Law, which suggests that breaches could lead to enforcement actions as provided under the overarching legislation. These actions may include fines, penalties, or other legal consequences, depending on the specific nature and severity of the breach. The notice's validity period, from 10 February 2020 to 9 February 2022, further underscores the importance of adhering to its conditions and requirements to avoid any potential enforcement actions during its operational period.