New South Wales Heavy Vehicle Standards (Rear-Loading Waste Collection Vehicle) Exemption Notice 2022 (No.1)

Overview

The New South Wales Heavy Vehicle Standards (Rear-Loading Waste Collection Vehicle) Exemption Notice 2022 (No. 1) was enacted to address specific issues associated with rear-loading waste collection vehicles operating in New South Wales. This notice, made under section 61 of the Heavy Vehicle National Law, exempts these vehicles from certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation, such as dimensional limitations, while imposing specific conditions to ensure road safety. The notice was designed to streamline regulatory requirements for these vehicles without compromising safety, and it aims to replace the previous exemption notice from 2017. It is important to note that this exemption does not grant authorisation to access the road network, and additional compliance with relevant guidelines or permits may be necessary depending on the vehicle's dimensions or mass.

Scope and Application

The New South Wales Heavy Vehicle Standards (Rear-Loading Waste Collection Vehicle) Exemption Notice 2022 (No.1) applies specifically to rear-loading waste collection vehicles in New South Wales. This notice provides an exemption from certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (National Regulation), particularly regarding prescribed dimensions, under the authority of section 61 of the Heavy Vehicle National Law (National Law) as it applies in New South Wales. It is crucial to note that this exemption does not automatically authorise access to the road network, and compliance with additional New South Wales guidelines or the application for a permit may be necessary if vehicle masses or loaded dimensions exceed the specified limits in the National Regulation, guidelines, or notices in New South Wales. The notice, which replaces a similar exemption notice from 2017, commenced on 13 June 2022 and will expire on 12 June 2027, unless otherwise amended or extended.

Key Provisions

This Notice provides an exemption from certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation) for rear-loading waste collection vehicles (section 8). Specifically, it exempts such vehicles from the prescribed dimension requirement under Schedule 2 Section 34(1) of the National Regulation, as it relates to the rear overhang of the vehicle (section 8). However, there are conditions that must be met for this exemption to apply. The rear overhang of a rear-loading waste collection vehicle must not exceed the lesser of 90% of the vehicle’s wheelbase or 4.0 metres (section 9(1)). If the vehicle is fitted with a step for waste collection that makes it over dimension, the step must be designed and fitted so that it can be folded to ensure the vehicle remains within regulation dimension limits or does not extend beyond another fixed component of the vehicle (section 9(2)). The step must be folded when not in use (section 9(3)). Additionally, when engaged in waste collection, the vehicle must have its low beam headlights or daytime running lights on (section 9(4)), and a warning light must be fitted and switched on whenever the vehicle is engaged in waste collection (section 9(5)). This warning light must be clearly visible at a distance of 500 metres in all directions or be supplemented by additional warning lights to achieve the same visibility (section 9(5)(a) and (b)). It must not be a strobe light, emit a yellow coloured light of rotating and flashing effect, flash between 120 and 240 times a minute, and not be of an intensity that is likely to dazzle another road user (section 9(5)(c) to (f)). The obligations imposed on parties by this Notice are primarily related to compliance with the conditions outlined in section 9. Owners or operators of rear-loading waste collection vehicles must ensure that their vehicles meet the specified dimension requirements and that any steps fitted for waste collection can be folded as required. They must also ensure that the vehicle has its low beam headlights or daytime running lights on and a warning light fitted and switched on whenever the vehicle is engaged in waste collection. These lights must meet the visibility and intensity requirements specified in the Notice. Failure to comply with these conditions could result in the vehicle being non-compliant with the National Regulation and potentially subject to enforcement action. Breaches of the conditions outlined in this Notice may result in civil or criminal penalties. However, the Notice itself does not specify the exact penalties or consequences for non-compliance. Instead, it refers to the Heavy Vehicle National Law (the National Law) under which it is made. Under the National Law, breaches of vehicle standards regulations can result in fines and other penalties, including the impounding of the vehicle. The specific penalties for breaches of this Notice would be determined in accordance with the provisions of the National Law and any relevant guidelines or notices in New South Wales. It is important for parties to be aware of their obligations under this Notice and to ensure compliance to avoid potential penalties.