Heavy Vehicle National Law - South Australian Heavy Vehicle Standards (Six Tonne Trailer Brakes) Exemption Notice 2019 (No.2)

Overview

The South Australian Heavy Vehicle Standards (Six Tonne Trailer Brakes) Exemption Notice 2019 (No.2) was enacted to address a technical error in the previously issued South Australian Heavy Vehicle Standards (Six Tonne Trailer Brakes) Exemption Notice 2019 (No.1). This notice was made under section 61 of the Heavy Vehicle National Law (the National Law) as in force in South Australia. Its purpose is to exempt certain heavy vehicles from specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation 2014, thereby addressing a gap in compliance for trailers operating under particular conditions. This legislative measure aims to ensure that the exemption provided is both accurate and legally compliant, thereby maintaining safety standards while avoiding unnecessary regulatory burdens. The notice applies exclusively in South Australia and specifically exempts heavy trailers with a mass transmitted to the ground by their axles not exceeding six tonnes from certain sections of the National Regulation. This includes exemptions related to braking systems and design requirements, provided the vehicle combination does not exceed a speed of 25km/h and is towed by a vehicle capable of braking the combination. The notice was designed to correct an error in its predecessor, ensuring that the regulatory framework operates as intended, thereby maintaining safety and compliance within the heavy vehicle industry.

Scope and Application

The South Australian Heavy Vehicle Standards (Six Tonne Trailer Brakes) Exemption Notice 2019 (No.2) is designed to provide a temporary exemption from certain vehicle standards for heavy trailers in South Australia. This exemption applies specifically 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. The exemption is limited to South Australia and is intended to address technical errors in the original notice. The Notice exempts such trailers from specific sections of the Heavy Vehicle (Vehicle Standards) National Regulation 2014, namely those relating to ADR 38 (Heavy Trailer Braking Systems) and section 6 (General design requirements for trailers over 4.5 tonne ‘ATM’) of ADR 38 (Trailer Brake Systems), as well as Division 3 of Part 7 of Schedule 2 concerning braking systems. This exemption comes with conditions, including a restriction on the speed of the heavy vehicle combination to 25 km/h and a requirement that the heavy trailer must only be towed by a vehicle capable of braking the combination. The Notice operates under the authority of section 61 of the Heavy Vehicle National Law as it applies in South Australia and replaces the earlier exemption notice, correcting its technical errors. It commenced on the date of publication and will expire five years later, unless otherwise extended or revoked.

Key Provisions

This notice pertains to the exemption of specific heavy trailers from certain requirements outlined in Part 7 of Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation 2014 (National Regulation) (sections 1, 2, 4, 5, and 6). This exemption applies to heavy trailers in South Australia 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 exemption covers the requirements of ADR 38 (Heavy Trailer Braking Systems) and section 6 (General design requirements for trailers over 4.5 tonne ‘ATM’) of ADR 38 (Trailer Brake Systems) (section 8). However, the exemption is contingent upon two conditions: the speed of the vehicle combination must not exceed 25 km/h, and the heavy trailer must be towed by a vehicle capable of braking the combination (section 9). The notice imposes several obligations on the parties it governs. It requires that the heavy vehicle combination must not exceed a speed of 25 km/h when in operation (section 9(1)). Additionally, the heavy trailer operating under this notice must be towed by a vehicle that is capable of braking the combination effectively (section 9(2)). Compliance with these conditions is essential to maintain the validity of the exemption. Failure to comply with the conditions set forth in this notice may lead to civil and criminal consequences. While the notice does not explicitly outline the penalties for breach, it is reasonable to infer that breaches may result in fines, prosecution, or other legal actions as per the National Law and the relevant regulations. The maximum penalties would depend on the specific provisions of the law under which the offence is prosecuted, but they could include substantial fines and, in severe cases, imprisonment.