National Heavy Vehicle Standards (Window Tinting) Exemption (Notice) 2014 (No. 1)

Overview

The National Heavy Vehicle Standards (Window Tinting) Exemption (Notice) 2014 (No. 1) was enacted to address a specific gap in the regulation of window tinting on heavy vehicles under the Heavy Vehicle (Vehicle Standards) National Regulation. This notice, which was published in the Commonwealth Government Gazette and commenced on the date of publication, is an exemption notice issued under section 61 of the Heavy Vehicle National Law, as in force in each participating jurisdiction, with the aim of providing relief to certain heavy vehicles from the stringent window tinting standards. The notice is applicable across all participating jurisdictions except Tasmania, and it targets heavy vehicles with non-standard window tinting situated behind the driver’s seating position. The primary objective is to exempt these vehicles from certain compliance requirements while imposing conditions such as a maximum reflectance limit of 10% on the tinting and the mandatory use of external rear vision mirrors that meet the National Regulation standards. This notice is set to remain in effect for five years from its commencement date.

Scope and Application

The National Heavy Vehicle Standards (Window Tinting) Exemption (Notice) 2014 (No. 1) serves to exempt certain heavy vehicles with non-standard window tinting from specific requirements outlined in Schedule 2 Section 21(4) of the Heavy Vehicle (Vehicle Standards) National Regulation, except for the state of Tasmania. This notice applies to heavy vehicles that have window or interior partition tinting installed behind the driver's seating position. The exemption is contingent on the non-standard tinting not exceeding a reflectance of 10%, and the vehicle must also be equipped with external rear vision mirrors compliant with the National Regulation. The exemption does not extend to windows or partitions level with or in front of the driver's seating position, which must adhere to the permitted tinting regulations as per Schedule 1 Section 21 of the National Regulation. This notice is authorised under section 61 of the Heavy Vehicle National Law and applies across all participating jurisdictions except Tasmania, remaining in effect for five years from its commencement on the date of publication in the Commonwealth Government Gazette.

Key Provisions

The main sections of this notice are operative in terms of defining the scope of the exemption and its conditions. Specifically, Section 8 identifies the jurisdictions to which this exemption applies and the types of heavy vehicles it pertains to, namely those with non-standard tinting behind the driver's seating position. Section 10 states that these vehicles are exempt from the requirements of Section 21(4) of Schedule 2 of the National Regulation, while Section 11 imposes a condition that any non-standard tinting must not have a reflectance of more than 10%. In terms of obligations and requirements, this notice mandates that any heavy vehicle specified under Section 9 must adhere to the stated conditions, including the limitation on reflectance. Additionally, the vehicle must be equipped with external rear vision mirrors on both sides, as required by the National Regulation. This ensures that safety standards are maintained despite the exemption granted in other respects. Should the conditions outlined in Section 11 not be met, or if any other provisions of this notice are breached, there could be significant consequences. While the notice does not explicitly state penalties, breaches of the Heavy Vehicle National Law or the National Regulation could result in fines or other sanctions. The specifics of these penalties would be governed by the broader legislative framework under which this notice operates, which could include provisions for fines up to several thousand dollars or more, depending on the severity and circumstances of the breach. The notice is underpinned by the authority granted under Section 61 of the Heavy Vehicle National Law, which allows for such exemptions to be made. The exemption is clearly defined and is in effect for five years from its commencement, as stated in Section 5. The notice is issued by Sal Petroccitto, as a delegate of the National Heavy Vehicle Regulator, and is effective from the date of its publication in the Commonwealth Government Gazette, as outlined in Section 4.