Overview

The Heavy Vehicle National Law National Heavy Vehicle Standards (Dual Control Waste Collection Vehicles) Exemption Notice 2019 (No. 1) was enacted to address a specific operational need for waste collection and street sweeping vehicles equipped with dual steering controls. The Notice was made under section 61 of the Heavy Vehicle National Law (HVNL) and is applicable to all participating jurisdictions. Its purpose is to exempt such vehicles from certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation, particularly concerning steering controls and the fitting of flashing lights. This exemption aims to provide flexibility for waste collection vehicles while maintaining safety standards through specific conditions, such as mandatory signage, warning lights, and operational restrictions. The Notice came into effect on the date of its publication in the Commonwealth Gazette and will remain in force for five years unless otherwise amended.

Scope and Application

The Heavy Vehicle National Law National Heavy Vehicle Standards (Dual Control Waste Collection Vehicles) Exemption Notice 2019 (No. 1) applies to heavy vehicles that are specifically designed and used for waste or recycling collection or street sweeping and are equipped with dual steering controls. These vehicles, referred to as waste collection vehicles in the notice, are subject to certain exemptions from the Heavy Vehicle (Vehicle Standards) National Regulation to accommodate their unique operational requirements. This notice operates across all participating jurisdictions under the authority of the Heavy Vehicle National Law, aligning with national standards while addressing specific needs of these specialised vehicles. Notably, the notice does not apply to vehicles that do not meet the definition of a waste collection vehicle as stipulated, nor does it extend to any vehicles that are not participating in the national law framework. The exemptions granted by this notice are limited to specific provisions of the National Regulation, including the requirements under Australian Design Rule 42/04 regarding the positioning of steering controls and the installation of flashing lights. However, the exemption comes with several conditions designed to ensure safety and compliance. These include restrictions on when and how the left-hand steering control can be used, mandatory display of the word "DUAL CONTROL" on the vehicle’s rear, ensuring the driver has a clear view of traffic from both steering positions, and the installation of specific warning lights that must be visible from a distance of 500 metres. This notice aims to balance the operational flexibility of dual-control waste collection vehicles with the imperative to maintain high safety standards on public roads.

Key Provisions

The National Heavy Vehicle Standards (Dual Control Waste Collection Vehicles) Exemption Notice 2019 (No. 1) exempts certain waste collection vehicles from specific provisions of the Heavy Vehicle (Vehicle Standards) National Regulation (section 2). These exemptions are primarily directed at vehicles that are designed for roadside collection of waste or recycling material, or street sweeping, and are fitted with both left-hand and right-hand steering controls (section 5). The notice applies to all participating jurisdictions and has been designed to provide flexibility while maintaining safety standards for these specialised vehicles (section 7). The vehicles exempted under this notice must comply with several conditions to ensure safety and visibility. Firstly, they must only be operated from the left-hand steering control under specific circumstances, such as when actively collecting waste or recycling, or during short transits between collection points (section 9(1)). Additionally, the vehicles must have the words "DUAL CONTROL" clearly displayed on their rear in letters at least 75 mm high and in a contrasting colour to the background (section 9(2)). Furthermore, the vehicle must be configured so that the driver can view traffic in all directions from both steering controls, and it must be fitted with a warning light that meets specific visibility and technical requirements when the left-hand steering control is in use (section 9(3)-(5)). The notice imposes obligations on operators of waste collection vehicles to ensure they comply with the specified conditions. This includes ensuring the vehicle is only operated from the left-hand steering control under the stipulated circumstances, displaying "DUAL CONTROL" clearly on the vehicle's rear, and fitting appropriate warning lights that are visible from a distance of 500 metres. Failure to comply with these conditions could result in the vehicle being deemed non-compliant with national safety standards, potentially leading to enforcement actions by authorities. There are no explicit offences or penalties stated in the notice itself. However, the Heavy Vehicle National Law under which this notice is made does provide for a range of offences and penalties for non-compliance with vehicle standards regulations. These could include fines and potential disqualification from driving. The exact penalties would be determined under the specific provisions of the Heavy Vehicle National Law in the relevant jurisdiction, which could vary. Operators should be aware that non-compliance with the conditions outlined in this notice could lead to enforcement actions under those broader legislative frameworks.