National Heavy Vehicle Standards (Flashing Warning Lights) Exemption Notice 2015 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2015G01594 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

NATIONAL HEAVY VEHICLE STANDARDS (FLASHING WARNING LIGHTS) EXEMPTION NOTICE 2015 (No. 1)

 

Part 1 – Preliminary

1. Revocation

This Notice revokes and replaces the following authorities, in so far as they apply to a heavy vehicle:

Queensland

  • Guideline for the installation of auxiliary revolving or flashing warning lamps in Queensland, form 22, version 4 (updated December 2012).
  • Guideline for the installation of auxiliary flashing warning lamps to animal management and other specified vehicles, form 27, version 5 (updated May 2013).

South Australia

  • Exemption from the prohibition of using flashing yellow lights (published on 23 August 2012).
  • Notice of Exemption (dated 13 July 2000).

2. Purpose

The purpose of this Notice is to exempt a heavy vehicle for which there is a safety requirement that one or more flashing warning lights be fitted, from the requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the Regulation) specified in this notice.

3. Authorising Provision

This Notice is made under section 61 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction.

4. Commencement

This Notice commences on 1 October, 2015.

5. Expiry

This Notice expires on 30 September, 2020.

6. Definitions

Unless otherwise stated, words and expressions used in this Notice have the same meanings as those defined in the HVNL.

7. Title

This Notice may be cited as the National Heavy Vehicle Standards (Flashing Warning Lights) Exemption Notice 2015.

Part 2Workplace Health and Safety or Civil Aviation

8. Application

(1) Part 2 of this Notice applies in all participating jurisdictions.

(2)  Part 2 of this Notice applies to a heavy vehicle, other than an exempt vehicle or a special use vehicle, that is required to have one or more flashing yellow warning lights fitted to comply with work site or workplace health and safety legislation or the Civil Aviation Safety Regulations 1988 (Cth), and to an omnibus used on the O-Bahn busway.

9. Exemption from Prescribed Vehicle Standards

A heavy vehicle, described in section 8(2), is exempt from complying with the requirements of section 79(3) and 79(4) of Schedule 2 of the Regulation.

10. Conditions

(1)  A heavy vehicle operating under this part may be fitted with one or more flashing yellow lights.

(2)  A flashing light or lights must be mounted on top of the heavy vehicle and be visible from all sides.

(3)  The operator of a heavy vehicle operating under this part must carry a letter of authorisation.

(4)  A letter of authorisation must:

(a)    be issued either by the work site manager or an authorised representative of the registered operator; and

(b)    identify the work site where the heavy vehicle is operating; and

(c)     identify the heavy vehicle, or type of heavy vehicle, that the letter applies to; and

(d)    include an end date for the authorisation.

(5)  For the purposes of subsection 10(4)(b), for a heavy vehicle working at more than one work site that requires the use of flashing warning lights, the letter of authority may refer to a ‘run sheet’, ‘work schedule’ or other company issued document that clearly identifies the work sites the vehicle will access.

(6)  For the purposes of subsection 10(4)(c) a heavy vehicle or type of heavy vehicle may be identified by either:

(a)    the vehicle’s registration number; or

(b)    for an organisation that operates a fleet of vehicles where the vehicles are clearly marked on both sides of the cabin by a company logo and name; by these markings; or

(c)     a unique fleet identification number, where this is permanently marked and clearly visible on the vehicle.

(7)  The letter of authorisation and any document mentioned in subsection 10(5) must be kept in each heavy vehicle at all times when operating under this notice and must be produced on request by an authorised officer.

(8)  Subsections 10(3)-(7) do not apply to a heavy vehicle that is clearly identifiable as a vehicle that is used at airports, in the mining, construction or manufacturing industries, or that is an omnibus used on the O-Bahn busway.

(9)  Flashing lights must not be turned on when the heavy vehicle is being driven or standing on a road or road-related area unless an emergency service officer gives that direction in response to an emergency or disaster.

 

Part 3 – Animal and Pest Management Vehicles in Queensland

11. Application

(1)  Part 3 of this Notice applies only in Queensland.

(2) Part 3 of this Notice applies to a heavy vehicle, other than an exempt vehicle or a special use vehicle, which is operated by:

(a)    the Brisbane City Council (as defined in the City of Brisbane Act 2010 (Qld)) in the course of its daily operations of animal and pest control within the area of that council; or

(b)    a local government (as defined under the Local Government Act 2009 (Qld)) in the course of its daily operations of animal and pest control within the area of that local government; or

(c)     the Queensland Royal Society for the Prevention of Cruelty to Animals (QRSPCA) in the course of the activities of the society’s inspectorate; or

(d)    a department of government (as established by the Public Service Act 2008 (Qld) Division 2 section 14) in the course of its daily operations of animal and pest control in Queensland.

 12. Exemption from Prescribed Vehicle Standards

A heavy vehicle, described in subsection 11(2) is exempt from complying with the requirements of section 79(3) and 79(4) of Schedule 2 of the Regulation.

13. Conditions

(1)  A heavy vehicle operating under this part may be fitted with one or more green and yellow flashing lights.

(2)  Flashing lights must not be turned on other than when the vehicle is being used for animal or pest management activities.

 

Part 4 – Fire Management Vehicles in Queensland

14. Application

(1)  Part 4 of this Notice applies only in Queensland  

(2)  Part 4 of this Notice also applies to a heavy vehicle, other than an exempt vehicle or a special use vehicle, which is used for fire management by:

(a)    a department of government (as established by the Public Service Act 2008 (Qld) Division 2 section 14); or

(b)    the Brisbane City Council (as defined in the City of Brisbane Act 2010 (Qld)); or

(c)     a local government (as defined in the Local Government Act 2009 (Qld)); or

(d)    a plantation licensee (as defined in the Forestry Act 1959 (Qld)); or

(e)    Griffith University; (as defined in the Griffith University Act 1971 (Qld)); or

(f)     a new water entity (as defined in the South East Queensland Water (Restructuring) Act 2007 (Qld)); or

(g)    another entity which provides fire management services on behalf of an entity listed in subsections (a) – (f).             

15. Exemption from Prescribed Vehicle Standards

A heavy vehicle, described in subsection 14(2) is exempt from complying with the requirements of section 79(3) and 79(4) of Schedule 2 of the Regulation.

16. Conditions

(1)  A heavy vehicle operating under this part may be fitted with one or more green and yellow flashing lights.

(2)  Flashing lights must not be turned on other than when the vehicle is being used for fire management activities.

Part 5 – Vehicles Attending to Livestock Movement in South Australia

17. Application

(1)  Part 5 of this Notice applies only in South Australia.

(2)  Part 5 of this Notice applies to a heavy vehicle, other than an exempt vehicle or a special use vehicle, that is used by a primary producer for escorting livestock along or across a road or a road related area.

18. Exemption from Prescribed Vehicle Standards

A heavy vehicle, described in subsection 17(2) is exempt from complying with the requirements of section 79(3) and 79(4) of Schedule 2 of the Regulation.

19. Conditions

(1)  A heavy vehicle operating under this part may be fitted with one or more flashing yellow lights.

(2)  Flashing lights must not be turned on other than when the vehicle is being used in relation to the movement of livestock along or across a road or road related area.

 

Dated  25 September, 2015

 

 

 

 

 

 

Geoff Casey

Acting Chief Executive Officer

National Heavy Vehicle Regulator

Overview

The Heavy Vehicle National Law (HVNL) was enacted to streamline and harmonise heavy vehicle regulations across Australia, ensuring consistency and safety in the operation of heavy vehicles nationwide. The National Heavy Vehicle Standards (Flashing Warning Lights) Exemption Notice 2015 (No. 1) was introduced to provide specific exemptions from the general requirements of the Heavy Vehicle (Vehicle Standards) National Regulation for certain heavy vehicles in different sectors. This Notice was made under section 61 of the HVNL and commenced on 1 October 2015, with an expiry date of 30 September 2020. The policy objective is to allow certain heavy vehicles to use flashing warning lights for safety and operational purposes, while maintaining strict conditions to ensure that such use does not compromise road safety. The Notice applies to heavy vehicles used in workplaces, animal and pest management, fire management, and livestock movement, and it mandates that these vehicles must carry a letter of authorisation detailing the specific conditions and duration of the exemption.

Scope and Application

The Heavy Vehicle National Standards (Flashing Warning Lights) Exemption Notice 2015 (No. 1) provides exemptions from certain flashing warning light requirements under the Heavy Vehicle (Vehicle Standards) National Regulation for specific heavy vehicles in designated circumstances and jurisdictions. It applies to heavy vehicles required to have flashing warning lights to comply with workplace health and safety legislation, civil aviation regulations, animal and pest management activities, fire management activities, and livestock movement in South Australia. The exemptions pertain to heavy vehicles operated by entities such as local governments, the Queensland Royal Society for the Prevention of Cruelty to Animals, government departments, and primary producers. Exemptions from certain standards are contingent upon conditions such as the mounting of lights, visibility from all sides, and the presence of a letter of authorisation from a work site manager or authorised representative, which must be produced upon request by an authorised officer. Exemptions are not applicable to vehicles used at airports, in mining, construction, or manufacturing industries, or to omnibuses used on the O-Bahn busway. The Notice is made under section 61 of the Heavy Vehicle National Law and applies in participating jurisdictions, with specific sections applying to particular activities within Queensland or South Australia. The Notice revokes and replaces previous guidelines and notices related to the installation of auxiliary flashing warning lamps in Queensland and South Australia, and it is set to expire on 30 September 2020.

Key Provisions

This Notice provides exemptions from specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the Regulation) for certain heavy vehicles that must be equipped with flashing warning lights to comply with workplace health and safety legislation, the Civil Aviation Safety Regulations 1988 (Cth), or to perform animal and pest management, fire management, or livestock movement activities. These exemptions apply in participating jurisdictions, including Queensland and South Australia, as outlined in Parts 2 to 5 of the Notice. The exemptions are conditional and apply only to heavy vehicles that are not exempt vehicles or special use vehicles. For vehicles used in workplace health and safety or civil aviation contexts, they must be fitted with one or more flashing yellow warning lights, which must be mounted on top of the vehicle and visible from all sides (section 10). The vehicle operator must carry a letter of authorisation, issued by the work site manager or an authorised representative of the registered operator, which identifies the work site, the vehicle, and includes an end date for the authorisation (section 10(4)). This letter and any referenced documents must be kept in the vehicle at all times and produced upon request by an authorised officer (section 10(7)). Additionally, the flashing lights must not be turned on when the vehicle is being driven or standing on a road or road-related area unless directed by an emergency service officer in response to an emergency or disaster (section 10(6)). For vehicles used in animal and pest management, they may be fitted with one or more green and yellow flashing lights, which must not be turned on except when the vehicle is being used for animal or pest management activities (section 13). For fire management vehicles, they may also be fitted with one or more green and yellow flashing lights, which must not be turned on except when the vehicle is being used for fire management activities (section 16). For vehicles used in livestock movement in South Australia, they may be fitted with one or more flashing yellow lights, which must not be turned on except when the vehicle is being used in relation to the movement of livestock along or across a road or road-related area (section 19). The Notice does not specify any offences, penalties, or civil/criminal consequences for breach, leaving it to the relevant authorities to enforce compliance with the conditions and to impose penalties as necessary under the applicable laws.

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