National Heavy Vehicle Standards (Dual Control Waste Collection Vehicles) Exemption Notice (No. 1) 2014

Overview

The National Heavy Vehicle Standards (Dual Control Waste Collection Vehicles) Exemption Notice (No. 1) 2014 was enacted to provide an exemption from certain national vehicle standards for heavy vehicles fitted with dual steering controls and used for waste or recycling collection, or street sweeping. This notice was made under section 61 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction, and its purpose is to address the specific operational needs of these vehicles while maintaining safety standards. The notice specifies exemptions from certain steering control and lighting requirements, while imposing conditions such as displaying "DUAL CONTROL" on the vehicle's rear, ensuring the driver can view traffic in all directions, and fitting a warning light that meets specific visibility and operational criteria. This exemption applies to vehicles registered after the notice's commencement and aims to balance operational flexibility with safety considerations for these specialised vehicles.

Scope and Application

The National Heavy Vehicle Standards (Dual Control Waste Collection Vehicles) Exemption Notice (No. 1) 2014 applies to heavy vehicles specifically designed and used for the collection of waste or recycling material, or street sweeping, and which are fitted with dual steering controls. This exemption notice operates within the framework of the Heavy Vehicle National Law, as in force in each participating jurisdiction, and it exempts these vehicles from certain specified requirements of the Heavy Vehicle (Vehicle Standards) National Regulation. It is pertinent to note that this notice applies only to those vehicles that have not been registered or granted a registration exemption prior to the commencement of this notice and are registered in a participating jurisdiction after the commencement of this notice. Furthermore, clause 18 of the notice applies solely within the jurisdiction of Queensland. The notice imposes several conditions on these vehicles, including the requirement that they must only be driven from the left-hand steering control when engaged in activities such as waste or recycling collection, or street sweeping on the left-hand side of a road relative to the direction of travel, and that the word "DUAL CONTROL" must be clearly displayed on the rear of the vehicle in specified lettering. Additionally, the vehicles must be configured to ensure the driver can view traffic in all directions from both steering controls and must be fitted with a specified warning light when being operated from the left-hand steering control. The exemption notice also stipulates that the driver of such vehicles must have demonstrated their competency to operate the vehicle, which can be achieved by attaining a relevant certificate or equivalent training.

Key Provisions

The key provisions of the National Heavy Vehicle Standards (Dual Control Waste Collection Vehicles) Exemption Notice (No. 1) 2014 (Notice) are designed to provide a specific exemption for heavy vehicles equipped with dual steering controls, which are used for waste or recycling collection, or street sweeping. Under section 11, such vehicles are exempt from the requirement that steering controls not be located on the left of the centreline of the vehicle, as outlined in clause 7.1.1 of Australian Design Rule 42/04 – Steering Controls (ADR42/04). Additionally, section 12 exempts these vehicles from the obligations set out in sections 79(3) and 79(4) of Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation regarding the fitting of one or more flashing lights. This Notice imposes several obligations on the parties it governs. Firstly, under section 13, a waste collection vehicle must only be driven from the left-hand steering control when it is engaged in waste or recycling collection, or street sweeping on the left-hand side of a road, relative to the direction of travel. Secondly, section 14 mandates that the words "DUAL CONTROL" must be clearly displayed on the rear of the vehicle in letters at least 75 mm high and in a colour that provides a clear contrast with the background. Thirdly, section 15 requires that the vehicle must be configured so that the driver can view traffic in all directions from both steering controls. Furthermore, section 16 specifies that the vehicle must be fitted with a warning light that must be lit at all times when the vehicle is being operated from the left-hand steering control. The Notice also outlines the consequences for non-compliance with its provisions. While the Notice itself does not explicitly list offences, penalties, or consequences for breach, it is implied that failure to comply with the conditions set out in sections 13 to 18 could result in legal action under the overarching Heavy Vehicle National Law (HVNL). The potential penalties for breaches of the HVNL may include fines and other sanctions as prescribed by the relevant participating jurisdiction's laws. For example, under the HVNL, a person who contravenes a requirement of the National Regulation may be liable for a civil penalty of up to $55,000 for an individual or $275,000 for a body corporate, as well as potential criminal penalties. Additionally, failure to comply with the conditions specified in the Notice could also result in the vehicle being deemed non-compliant, which could lead to enforcement actions such as impoundment or prohibition from operating on public roads.