National Heavy Vehicle Standards (Partially Completed Vehicles) Exemption Notice 2023 (No. 1)

Overview

The Heavy Vehicle National Law National Heavy Vehicle Standards (Partially Completed Vehicles) Exemption Notice 2023 (No. 1) was enacted to address the need for partially completed and newly manufactured heavy vehicles to be used on roads prior to their first registration, without being fully compliant with all specifications of the Heavy Vehicle (Vehicle Standards) National Regulation. This exemption is intended to facilitate the movement of vehicles between manufacturing facilities, storage sites, and component suppliers for purposes such as road testing, while ensuring that safety risks are mitigated as much as reasonably practicable. The notice was made under section 61 of the Heavy Vehicle National Law as in force in each participating jurisdiction and commenced on 20 June 2023, expiring on 19 June 2028. It applies to eligible vehicles on eligible journeys, exempting them from certain Australian Design Rule requirements, provided that the vehicles are driven under the direction of the manufacturer and do not carry any goods or passengers. The policy objective is to balance the need for flexibility in the movement of partially completed vehicles with the imperative of maintaining high safety standards.

Scope and Application

The National Heavy Vehicle Standards (Partially Completed Vehicles) Exemption Notice 2023 (No. 1) applies to heavy vehicles that are partially completed or newly manufactured and used on roads prior to their first registration for specific purposes, including travel to a manufacturing facility, vehicle storage facility, component manufacturer, or for road testing, provided the journey is within a 100 km radius of its origin and follows the most direct route. This exemption operates within the framework of the Heavy Vehicle National Law, as in force in each participating jurisdiction, and is applicable across Australia as a unified legislative measure. The Notice exempts certain vehicles from specific compliance requirements of the Heavy Vehicle (Vehicle Standards) National Regulation, such as positioning and fitting of components as detailed in the notice's Table 1, yet it does not extend to movements for registration purposes or other unspecified purposes. The exemption is conditional upon the vehicle being manufactured or modified to comply with all other applicable Australian Design Rules and National Regulations, excluding those exempted by this Notice. Additionally, vehicles must not carry any goods or passengers, and the driver must possess a Letter of Compliance issued within 12 months of the journey. The exemption is designed to facilitate the movement of vehicles for specified purposes while maintaining safety standards as much as reasonably practicable. This Notice does not extend its application through subordinate instruments and is subject to specific exclusions and conditions outlined in the notice.

Key Provisions

The main operative sections of this notice detail the specific exemptions from certain vehicle standards for partially completed heavy vehicles on eligible journeys (sections 1–9). The notice exempts such vehicles from complying with particular Australian Design Rules (ADRs) for specific components (section 8). These exemptions are subject to certain conditions (section 9). The notice applies to eligible vehicles on eligible journeys, defined as travel within a 100 km radius from the point of origin to various specified locations, or for the purpose of road testing the vehicle (section 7). The notice specifies certain conditions that must be met for the exemptions to apply. These include the vehicle being manufactured or modified to comply with all applicable ADRs and the National Regulations, except those exempted by this notice (section 9(1)). Additionally, the driver must keep a copy of a Letter of Compliance, which must be issued within 12 months of the date of travel, for vehicles covered by item 10 of Table 1 (section 9(2)). The vehicle must only be driven under the direction of the vehicle manufacturer (section 9(3)). The vehicle must only be used on a road on an eligible journey (section 9(4)). The vehicle must not carry any goods or passengers (section 9(5)). The manufacturer must, so 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)). The notice imposes several obligations on parties or entities it governs. Manufacturers of partially completed vehicles must ensure that the vehicles are manufactured or modified to comply with all applicable ADRs and the National Regulations, except those exempted by this notice (section 9(1)). Manufacturers must issue a Letter of Compliance within 12 months of the date of travel for vehicles covered by item 10 of Table 1 (section 9(2)). Drivers of partially completed vehicles must keep a copy of the Letter of Compliance (section 9(2)). Vehicles must only be driven under the direction of the vehicle manufacturer (section 9(3)). Vehicles must only be used on a road on an eligible journey (section 9(4)). Vehicles must not carry any goods or passengers (section 9(5)). Manufacturers must, so 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)). Risk mitigations and conditions imposed by the manufacturer must be documented and carried in the vehicle when operating under this notice (section 9(6)(a)). There are no explicit offences, penalties, or civil/criminal consequences for breach stated in the notice. However, the notice implies that any non-compliance with the conditions could result in the vehicle no longer being exempt from the specified ADRs, potentially leading to enforcement actions by relevant authorities. The notice also emphasises the importance of mitigating safety risks, suggesting that failure to do so could lead to increased safety risks and potential liabilities for the manufacturer and driver. The notice does not provide specific information on the maximum penalties for breach, but any breach of the conditions could potentially lead to enforcement actions under the relevant legislation, including fines or other penalties as prescribed by law.