National Heavy Vehicle Standards (Partially Completed Vehicles) Exemption Notice 2018 (No. 1)

Overview

The National Heavy Vehicle Standards (Partially Completed Vehicles) Exemption Notice 2018 (No. 1) was enacted to address the need for exemptions in certain specifications of the Heavy Vehicle (Vehicle Standards) National Regulation for partially completed and newly manufactured heavy vehicles used on roads prior to first registration. This notice was made under section 61 of the Heavy Vehicle National Law (HVNL) and is intended to facilitate the movement of these vehicles for specific purposes, such as completing construction, without fully complying with all vehicle standards. The notice aims to streamline the process while ensuring that safety risks are mitigated, by allowing exemptions on certain components and requiring compliance with other regulations. This exemption is valid for five years from the date of publication and applies only to eligible vehicles on eligible journeys, which are defined as journeys within a 100 km radius of the journey’s origin or direct routes to specific locations for completing the vehicle's construction or for road testing. The notice mandates that the vehicle must be manufactured or modified to comply with all applicable Australian Design Rules (ADRs) and National Regulations, excluding those exempted by this notice. Additionally, the driver must maintain a Letter of Compliance issued within three months of the travel date for certain vehicles. The vehicle must only be driven under the manufacturer’s direction, on eligible journeys, and must not carry any goods or passengers. The vehicle manufacturer is also required to eliminate safety risks as far as reasonably practicable, or minimise them otherwise. This notice serves to balance the need for flexibility in vehicle movements with the imperative of maintaining safety standards.

Scope and Application

The National Heavy Vehicle Standards (Partially Completed Vehicles) Exemption Notice 2018 (No. 1) is made under section 61 of the Heavy Vehicle National Law, which applies across all participating jurisdictions in Australia. This notice aims to exempt certain partially completed and newly manufactured heavy vehicles from specific compliance requirements of the Heavy Vehicle (Vehicle Standards) National Regulation while these vehicles are being transported to a location where construction will be completed. The exemption applies to eligible vehicles, defined as new heavy vehicles that are partially completed and for which the manufacturer holds an identification plate approval. The notice exempts such vehicles from complying with specified Australian Design Rules (ADRs) related to the positioning and fitment of various vehicle components, as detailed in Table 1, provided the vehicle is being moved for purposes such as completing construction, and not for purposes such as obtaining registration. The exemption is conditional upon several requirements, including that the vehicle is driven only under the direction of the manufacturer, on an eligible journey, and without carrying any goods or passengers. Additionally, the manufacturer must ensure that safety risks are eliminated or minimised as far as reasonably practicable. This notice, which commences on the date of publication and expires five years later, does not extend or restrict application through subordinate instruments, and there are no exclusions, exemptions, or thresholds beyond those specified within the notice itself.

Key Provisions

This notice, the "National Heavy Vehicle Standards (Partially Completed Vehicles) Exemption Notice 2018 (No. 1)" (section 6), provides specific exemptions from certain specifications of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation) (section 8). This is to facilitate the movement of partially completed and newly manufactured heavy vehicles used on roads prior to first registration. The exemptions apply to vehicles on eligible journeys to locations where work will be undertaken to complete their construction (section 7). Eligible journeys are defined as travel on a public road within a 100 km radius of the place where the journey began, by the most direct route between specific points, or for the purpose of road testing the vehicle (section 5(1)(b)). An eligible vehicle is a heavy vehicle that is new, partially completed, and for which the vehicle manufacturer holds an identification plate approval (section 5(1)(c)). A Letter of Compliance must be kept for vehicles covered by items 10 or 11 of Table 1, which must be issued within three months of the date of travel (section 9(2)). The notice imposes several obligations and requirements on the parties involved. Eligible vehicles must be manufactured or modified to comply with all applicable Australian Design Rules (ADRs) and the National Regulations other than those exempted by this notice (section 9(1)). For vehicles covered by items 10 or 11 of Table 1, the driver must keep a copy of a Letter of Compliance (section 9(2)). The vehicle must only be driven under the direction of the vehicle manufacturer (section 9(3)). Additionally, the vehicle must only be used on a road on an eligible journey and must not carry any goods or passengers (section 9(4) and (5)). The manufacturer must, as far as is reasonably practicable, eliminate safety risks and, to the extent it is not reasonably practicable to eliminate safety risks, minimise the safety risks (section 9(6)). There are no explicit offences, penalties, or civil/criminal consequences mentioned in the notice for breach of its provisions. However, failure to comply with the obligations and requirements outlined in the notice may result in the vehicle not being eligible for the exemptions provided. This could potentially lead to the vehicle being subject to full compliance with the National Regulation, which could have implications for the vehicle manufacturer and the entities involved in the movement of the vehicle. The notice is made under section 61 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction (section 2), and it commences on the date of publication and expires on five years after publication (sections 3 and 4).