HEAVY VEHICLE NATIONAL LAW
NEW SOUTH WALES HEAVY VEHICLE STANDARDS (CONDITIONAL REGISTRATION) EXEMPTION NOTICE 2015 (No. 1)
- Purpose
The purpose of this notice is to exempt a heavy vehicle that is eligible for conditional registration in New South Wales from particular requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation).
2. Authorising Provisions
This notice is made under section 61 of the Heavy Vehicle National Law (HVNL).
3. Title
This notice may be cited as the New South Wales Heavy Vehicle Standards (Conditional Registration) Exemption Notice 2015.
4. Commencement
This notice commences on 1 October 2015.
5. Expiry
This notice expires on 30 September 2020.
6. Definitions
(1) Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL.
(2) In this notice:
Certificate of Approved Operations means a certificate issued pursuant to section 55 of the NSW Regulation.
Conditional registration means conditional registration in New South Wales pursuant to section 13 of the NSW Regulation.
NSW Regulation means the Road Transport (Vehicle Registration) Regulation 2007 (NSW).
7. Application
(1) This notice applies only in New South Wales.
(2) This notice applies to heavy vehicles that have been issued with a Certificate of Approved Operations.
8. Exemption From Prescribed Vehicle Standard
A heavy vehicle, described in section 7 of this notice is exempt from complying with the requirements of Schedule 2 of the National Regulation.
9. Conditions
A heavy vehicle operating under this notice must comply with all the conditions imposed by the Certificate of Approved Operations.
Dated 25 September 2015
Geoff Casey
Acting Chief Executive Officer
National Heavy Vehicle Regulator
Overview
The New South Wales Heavy Vehicle Standards (Conditional Registration) Exemption Notice 2015 (No. 1) was enacted to address a gap in the regulatory framework concerning heavy vehicles that are eligible for conditional registration in New South Wales. This notice was introduced under section 61 of the Heavy Vehicle National Law (HVNL) by the National Heavy Vehicle Regulator and it was intended to provide flexibility in vehicle standards compliance for heavy vehicles that meet specific criteria. The notice aims to exempt eligible heavy vehicles from particular requirements of the Heavy Vehicle (Vehicle Standards) National Regulation, provided they comply with the conditions set out in their Certificate of Approved Operations. This exemption is intended to streamline the registration process for certain vehicles while ensuring safety and compliance standards are maintained. The notice came into effect on 1 October 2015 and will remain in force until 30 September 2020, unless otherwise amended or repealed.
Scope and Application
The New South Wales Heavy Vehicle Standards (Conditional Registration) Exemption Notice 2015 (No. 1) provides a conditional exemption from specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation for heavy vehicles that have been issued with a Certificate of Approved Operations in New South Wales. This notice is applicable solely within the jurisdiction of New South Wales and is made under section 61 of the Heavy Vehicle National Law. The exemption allows certain heavy vehicles to avoid compliance with the standards outlined in Schedule 2 of the National Regulation, provided that they adhere to all conditions stipulated in their Certificate of Approved Operations. This exemption is effective from 1 October 2015 and will remain in force until 30 September 2020, at which point it will cease unless further action is taken.
Key Provisions
The main operative sections of this notice are sections 7, 8, and 9. Section 7 specifies that the notice applies only in New South Wales and only to heavy vehicles that have been issued with a Certificate of Approved Operations. Section 8 exempts these vehicles from complying with certain requirements of Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation, and Section 9 stipulates that such vehicles must comply with all conditions imposed by their Certificate of Approved Operations. The Notice, therefore, serves to allow certain heavy vehicles to operate under less stringent conditions than those typically prescribed under the National Regulation, provided they adhere to specific operational conditions outlined in their Certificate of Approved Operations.
The obligations imposed by this Notice are primarily on the holders of Certificates of Approved Operations, who must ensure that their heavy vehicles comply with all conditions set forth in their certificates. This includes ensuring that the vehicles meet the specific operational standards and requirements that are outlined to maintain safety and compliance with road transport regulations. Vehicle owners and operators must also ensure that they keep up-to-date with any changes or updates to the conditions of their certificates, as failure to do so may result in their vehicles being deemed non-compliant and subject to enforcement action.
In terms of consequences for breach, the Notice does not explicitly detail specific offences or penalties within its text. However, any failure to comply with the conditions of the Certificate of Approved Operations or any misuse of the exemption granted by this Notice could potentially lead to enforcement actions under the Heavy Vehicle National Law or other relevant legislation. This could include actions such as fines, vehicle impoundment, or even revocation of the vehicle's registration or Certificate of Approved Operations. The exact penalties would depend on the nature and severity of the breach, as well as the provisions of the overarching legislation under which enforcement actions are taken.