HEAVY VEHICLE NATIONAL LAW
Victorian Heavy Vehicle Standards (Agricultural Vehicles and Special Purpose Vehicles) Exemption Notice 2019 (No. 1)
- Purpose
The purpose of this notice is to exempt agricultural vehicles and special purpose vehicles that are heavy vehicles from compliance with the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation).
2. Authorising Provision
This notice is made under section 61 of the Heavy Vehicle National Law (HVNL) as in force in Victoria.
3. Title
This notice may be cited as the Victorian Heavy Vehicle Standards (Agricultural Vehicles and Special Purpose Vehicles) Exemption Notice 2019 (No. 1).
4. Commencement
This notice commences on the date of publication in the Commonwealth Government Gazette.
5. Expiry
This notice expires five years after its commencement.
6. Definitions
(1) Unless otherwise stated, words and expressions used in this notice have the same meanings as in the HVNL or regulations made under the HVNL.
(2) In this notice—
Certificate of Approved Operations means a certificate of that name issued pursuant to section 21 of the Road Safety (Vehicles) Regulations 2009 (Vic) as amended or remade from time-to-time.
conditional registration means registration granted to a vehicle that does not comply with the vehicle standards, that is either affixed with an operations plate or has been issued with a certificate of approved operations, pursuant to section 20 of the Road Safety (Vehicles) Regulations 2009 (Vic) as amended or remade from time-to-time.
operations plate means a plate of that name issued pursuant to section 21 of the Road Safety (Vehicles) Regulations 2009 (Vic) as amended or remade from time-to-time.
VicRoads means the relevant Road Authority in Victoria.
7. Application
(1) This Notice applies to a special purpose vehicle or agricultural vehicle that has conditional registration, and is operating, in Victoria.
(2) A heavy vehicle that complies with this section is an eligible vehicle.
8. Exemptions - Prescribed Vehicle Standards
An eligible vehicle is exempted from the standards in Schedule 2 of the National Regulation listed below—
Table 1 Table of exemptions for eligible vehicles
Column one | Column two | Column three |
Item number | Component | Relevant exempted section of Schedule 2 of the National Regulation |
1 | Horns, alarms etc. | Section 11 |
2 | Rear vision mirrors | Section 12 |
3 | Headlights | Part 6, Division 3 |
4 | Parking lights | Part 6, Division 4 |
5 | Tail-lights | Part 6, Division 6 |
6 | Number plate lights | Part 6, Division 7 |
7 | Clearance lights | Part 6, Division 8 |
8 | Side marker lights | Part 6, Division 9 |
9 | Reflectors | Part 6, Division 15 |
10 | Other lights, reflectors, rear marking plates or signals | Part 6, Division 17 |
11 | Application of prescribed dimension requirements as a vehicle standard | Part 5, Section 34 |
12 | What braking system a heavy motor vehicle must have | Section 88 |
13 | Crank case gases | Section 94 |
14 | Exhaust systems | Part 8, Division 2 |
9. Conditions - General
(1) An eligible vehicle operating under this Notice must comply with the standard conditions that apply to conditionally registered vehicles as published by VicRoads.
(2) The exemption listed in item 11 of Table 1 in this Notice only apply to an eligible vehicle operating under, and in compliance with, a mass and dimension access authority issued under the HVNL.
Note: This notice is not an access notice. For a vehicle to operate under this notice, access already be obtained under a Class 1 Gazette Notice, or a permit, under Part 4.6 of the HVNL. Access Notices include:
- National Class 1 Agricultural Vehicle and Combination Mass and Dimension Exemption Notice 2019
- National Class 1 Special Purpose vehicle Notice 2015
Anthony Martin
Director Safety Standards
National Heavy Vehicle Regulator
Overview
The Victorian Heavy Vehicle Standards (Agricultural Vehicles and Special Purpose Vehicles) Exemption Notice 2019 (No. 1) was introduced to address specific regulatory exemptions for certain heavy vehicles operating within Victoria. This notice was enacted under the authority of section 61 of the Heavy Vehicle National Law (HVNL), with the purpose of exempting agricultural vehicles and special purpose vehicles from compliance with the Heavy Vehicle (Vehicle Standards) National Regulation. The policy objective is to facilitate the operation of these vehicles while ensuring they adhere to certain standards and conditions, as specified by the Notice. This regulatory measure allows for conditional registration of these vehicles, provided they meet the outlined exemptions and conditions, thereby streamlining compliance for agricultural and special purpose vehicles in Victoria. The Notice aims to balance the need for vehicle safety and operational flexibility within the national framework.
Scope and Application
The Victorian Heavy Vehicle Standards (Agricultural Vehicles and Special Purpose Vehicles) Exemption Notice 2019 (No. 1) applies to special purpose vehicles and agricultural vehicles that have conditional registration and are operating in Victoria. These vehicles are thereby exempt from specific standards outlined in Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation. The exemption applies to various components such as horns, alarms, mirrors, lights, reflectors, braking systems, and exhaust systems. However, eligible vehicles must still adhere to the standard conditions for conditionally registered vehicles as stipulated by VicRoads. Additionally, the exemption for prescribed dimension requirements applies only when the vehicle is operating under and in compliance with a mass and dimension access authority issued under the Heavy Vehicle National Law. It is important to note that this notice does not itself serve as an access notice; vehicles must already have obtained access under a relevant Class 1 Gazette Notice or permit under the Heavy Vehicle National Law to operate under this exemption notice. The notice, made under section 61 of the Heavy Vehicle National Law as in force in Victoria, commenced on the date of publication in the Commonwealth Government Gazette and will expire five years later.
Key Provisions
This exemption notice primarily targets agricultural vehicles and special purpose vehicles that are classified as heavy vehicles, exempting them from compliance with specific standards outlined in the Heavy Vehicle (Vehicle Standards) National Regulation (section 7). The notice applies to eligible vehicles that have conditional registration and are operating in Victoria (section 7(1)). Eligible vehicles are defined as those that meet the criteria set out in the notice (section 7(2)).
Under this notice, eligible vehicles are exempt from certain vehicle standards as outlined in Schedule 2 of the National Regulation (section 8). These exemptions cover various components such as horns, alarms, rear vision mirrors, headlights, parking lights, tail-lights, number plate lights, clearance lights, side marker lights, reflectors, other lights, reflectors, rear marking plates or signals, prescribed dimension requirements, braking systems, crank case gases, and exhaust systems (section 8 and Table 1). However, the exemption for prescribed dimension requirements only applies if the vehicle is operating under a mass and dimension access authority issued under the Heavy Vehicle National Law (HVNL) (section 9(2)).
To operate under this notice, eligible vehicles must comply with the standard conditions that apply to conditionally registered vehicles, as published by VicRoads (section 9(1)). It is important to note that this notice is not an access notice; vehicles must already have obtained access under a Class 1 Gazette Notice or a permit under Part 4.6 of the HVNL (section 9, Note).
Breaches of the conditions set out in this notice may lead to various consequences. While the notice does not explicitly state the penalties for non-compliance, breaches of the Heavy Vehicle National Law generally carry significant penalties, including fines and imprisonment. The severity of the penalty may depend on the nature and extent of the breach, as well as any prior convictions.