Heavy Vehicle National Law - South Australian Heavy Vehicle Standards (Six Tonne Trailer Brakes) Exemption Notice 2019 (No.1)

Overview

The South Australian Heavy Vehicle Standards (Six Tonne Trailer Brakes) Exemption Notice 2019 (No.1) was enacted to address the specific requirements for heavy trailers in South Australia that do not exceed six tonnes in mass transmitted to the ground by their axles at the time of operation. This notice was formulated under section 61 of the Heavy Vehicle National Law, as enforced in South Australia, aiming to provide an exemption from certain provisions of the Heavy Vehicle (Vehicle Standards) National Regulation 2014, particularly those concerning braking systems. The notice ensures that the exempted vehicles comply with certain conditions, such as speed limitations and towing vehicle capability, to maintain safety standards. This exemption applies to heavy trailers in South Australia and is set to remain in effect for five years from the date of its commencement.

Scope and Application

The South Australian Heavy Vehicle Standards (Six Tonne Trailer Brakes) Exemption Notice 2019 (No.1) is an exemption from the requirements of Part 7 of Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation 2014, specifically related to braking systems for heavy trailers not exceeding six tonnes. This notice applies solely within the jurisdiction of South Australia and is targeted at heavy trailers that transmit no more than six tonnes to the ground through their axles during operation. It exempts such trailers from certain provisions of the National Regulation, including specific sections of Schedule 1 relating to the design and braking systems of trailers over 4.5 tonnes, and Division 3 of Part 7 of Schedule 2 concerning braking systems. The exemption is conditional upon the heavy vehicle combination not exceeding a speed of 25km/h and being towed by a vehicle capable of braking the combination effectively. This notice is in force under the Heavy Vehicle National Law and will expire five years after its commencement.

Key Provisions

The primary sections of the South Australian Heavy Vehicle Standards (Six Tonne Trailer Brakes) Exemption Notice 2019 (No.1) (the Notice) focus on exempting certain heavy trailers from specific vehicle standards under the Heavy Vehicle (Vehicle Standards) National Regulation 2014 (the National Regulation) (section 8). Specifically, the exemption applies to heavy trailers where the mass transmitted to the ground by the axles of the trailer at the time of operation does not exceed six tonnes (section 7). The Notice exempts such trailers from certain braking system requirements under ADR 38 (section 8(a) and (b)) and from Division 3 of Part 7 of Schedule 2 of the National Regulation concerning braking systems (section 8(c)). The Notice imposes several obligations on the parties it governs. Firstly, the heavy vehicle combination must not exceed a speed of 25 km/h while operating under the exemption (section 9(1)). Secondly, the heavy trailer must be towed by a vehicle that is capable of braking the combination effectively (section 9(2)). These conditions are designed to ensure that the exemption does not compromise road safety by allowing trailers to operate under less stringent braking requirements at higher speeds or under conditions where the towing vehicle cannot adequately control the combination. Breaches of the conditions stipulated in the Notice may have legal consequences. While the Notice itself does not explicitly detail penalties for non-compliance, the Heavy Vehicle National Law (the National Law) under which the Notice is made, provides a framework for potential penalties. Under section 61 of the National Law, penalties for non-compliance with vehicle standards can include fines and potential disqualification from driving. In addition, a breach of the conditions could result in the exemption being revoked, leading to the heavy trailer being subject to the full requirements of the National Regulation. This could involve significant financial costs for compliance and operational disruptions. It is essential for the parties governed by this Notice to adhere strictly to the conditions, as any failure to do so could result in enforcement actions under the broader legal framework established by the National Law. This includes the possibility of administrative penalties, which could include fines up to a certain amount as prescribed under the National Law, and criminal charges in cases of serious non-compliance, which could lead to more severe penalties including imprisonment.