HEAVY VEHICLE NATIONAL LAW
National Heavy Vehicle Standards (Emergency Services Speed Limiting) Vehicle Exemption Notice 2024 (No.1)
- Purpose
The purpose of this notice is to exempt emergency vehicles that are heavy vehicles from complying with certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation).
2. Authorising Provision
This notice is made under section 61 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction.
3. Commencement
This notice commences on 21 June 2024.
4. Expiry
This notice expires 20 June 2026.
5. Definitions
Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL and the National Regulation.
6. Title
This notice may be cited as the National Heavy Vehicle Standards (Emergency Services Speed Limiting) Vehicle Exemption Notice 2024 (No.1).
7. Application
This notice applies to an emergency vehicle that is a heavy vehicle operating in a participating jurisdiction.
8. Exemption from Prescribed Vehicle Standards
A vehicle to which this notice applies is exempt from complying with Schedule 1 Section 2(1) of the National Regulation insofar as it requires compliance with an Australian Design Rule (ADR) 65/00 – Maximum Road Speed Limiting for Heavy Goods Vehicles and Heavy Omnibuses, or a later version of the ADR.
9. Conditions
(1) The vehicle must comply with all other applicable ADRs and the National Regulation other than those exempted by this notice.
(2) If disposed of to anyone other than another emergency service entity, the vehicle must be made compliant with ADR 65/00.
Peter Austin
Director, Policy Implementation
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law National Heavy Vehicle Standards (Emergency Services Speed Limiting) Vehicle Exemption Notice 2024 (No. 1) was enacted to address the need for emergency vehicles, specifically heavy vehicles, to operate without certain restrictions that apply to other heavy vehicles. This notice was introduced to facilitate the efficient operation of emergency services by allowing these vehicles to exceed specific speed limits set out in the Heavy Vehicle (Vehicle Standards) National Regulation. This notice was made under section 61 of the Heavy Vehicle National Law, as enforced by the relevant participating jurisdictions, and it commenced on 21 June 2024, expiring on 20 June 2026. The policy objective is to ensure that emergency vehicles can respond to critical situations without being hindered by certain speed limitations, thereby enhancing the effectiveness and timeliness of emergency responses.
Scope and Application
The National Heavy Vehicle Standards (Emergency Services Speed Limiting) Vehicle Exemption Notice 2024 (No.1) pertains to emergency vehicles classified as heavy vehicles that operate within the participating jurisdictions in Australia. This notice, which commences on 21 June 2024 and expires on 20 June 2026, exempts these vehicles from certain compliance requirements under the Heavy Vehicle (Vehicle Standards) National Regulation. Specifically, it exempts them from adhering to the Australian Design Rule 65/00 concerning the maximum road speed limits for heavy goods vehicles and heavy omnibuses. However, the exemption comes with conditions: the vehicle must still comply with all other relevant Australian Design Rules and National Regulation standards, except for those specifically exempted by this notice. Furthermore, if the vehicle is later disposed of to an entity that is not an emergency service, it must be made compliant with ADR 65/00. This notice is made under section 61 of the Heavy Vehicle National Law as it applies in each participating jurisdiction, providing a clear framework for the temporary exemption of emergency vehicles from certain speed limitations while ensuring they remain compliant with other critical safety standards.
Key Provisions
The National Heavy Vehicle Standards (Emergency Services Speed Limiting) Vehicle Exemption Notice 2024 (No.1) (the Notice) aims to exempt certain heavy vehicles, specifically emergency vehicles, from complying with specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation) (sections 1 and 7). The Notice applies to emergency vehicles that are heavy vehicles operating within participating jurisdictions. The primary exemption granted by the Notice is that these emergency vehicles are not required to comply with Schedule 1 Section 2(1) of the National Regulation, which mandates compliance with Australian Design Rule (ADR) 65/00 – Maximum Road Speed Limiting for Heavy Goods Vehicles and Heavy Omnibuses, or any subsequent version of this rule (section 8).
The Notice imposes several obligations on the parties it governs. Firstly, the exempted emergency vehicles must comply with all other applicable Australian Design Rules (ADRs) and the National Regulation, except for those exempted by the Notice (section 9(1)). Secondly, if an exempted vehicle is disposed of to any entity other than another emergency service entity, it must be made compliant with ADR 65/00 (section 9(2)). This ensures that while emergency vehicles can operate without the speed limitations during emergencies, they still adhere to other safety standards and regulations when transitioning out of emergency service use.
Breaches of the Notice's provisions can result in civil and criminal consequences. While the Notice does not explicitly state penalties, non-compliance with the National Regulation, which includes the exempted ADRs, can lead to significant penalties. For example, under the Heavy Vehicle National Law (HVNL), offences related to vehicle standards can attract fines of up to $165,000 for corporations and $33,000 for individuals. Additionally, more severe breaches may result in imprisonment for up to five years. The Notice, therefore, indirectly imposes the risk of these penalties if the exempted vehicles are not used in compliance with the conditions outlined, particularly when they are disposed of to non-emergency service entities.