HEAVY VEHICLE NATIONAL LAW
Victorian Heavy Vehicle Standards (Agricultural Vehicles and Special Purpose Vehicles) Exemption Notice 2024 (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).
- Authorising Provision
This notice is made under section 61 of the Heavy Vehicle National Law (HVNL) as in force in Victoria.
- Commencement
This notice commences on 2 September 2024.
- Expiry
This notice expires on 1 September 2029.
- Definitions
- Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL.
- In this notice—
Agricultural vehicle means an agricultural implement or agricultural machine.
Certificate of Approved Operations means a certificate of that name issued pursuant to the Road Safety (Vehicles) Regulations (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 the Road Safety (Vehicles) Regulations (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.
Special purpose vehicle means—
(a) a vehicle (other than a caravan, a mobile home, a mobile library, a mobile workshop, a mobile laboratory or a mobile billboard) built, or permanently modified, for a primary purpose other than the carriage of goods or passengers; or
(b) any of the following vehicles—
(i) a forklift;
(ii) a straddle carrier;
(iii) a mobile cherry picker;
(iv) a mobile crane.
- Title
This notice may be cited as the Victorian Heavy Vehicle Standards (Agricultural Vehicles and Special Purpose Vehicles) Exemption Notice 2024 (No.1).
- Application
(1) This notice applies only in Victoria.
(2) This notice applies to a special purpose vehicle or agricultural vehicle that has conditional registration.
- Exemption from Prescribed Vehicle Standards
An eligible vehicle is exempted from the standards in Schedule 2 of the National Regulation listed in Table 1.
- Conditions
(1) An eligible vehicle operating under this notice must comply with the standard conditions that apply to conditionally registered vehicles and body type, 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.
Table 1: Exemptions from prescribed vehicle standards
Column one Item number | Column two Component | Column three 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 |
Peter Austin
Director Policy Implementation
National Heavy Vehicle Regulator
Overview
The Victorian Heavy Vehicle Standards (Agricultural Vehicles and Special Purpose Vehicles) Exemption Notice 2024 (No. 1) was enacted to provide a regulatory framework that exempts certain heavy vehicles from the compliance requirements of the Heavy Vehicle (Vehicle Standards) National Regulation. This exemption aims to address the specific needs and operational contexts of agricultural and special purpose vehicles within Victoria. Authorised under section 61 of the Heavy Vehicle National Law, the Notice came into effect on 2 September 2024 and will remain in force until 1 September 2029. The primary objective of this legislation is to streamline compliance processes for these vehicles, acknowledging their unique applications and the potential impracticality of adhering to stringent vehicle standards without compromising their intended use. This exemption is specifically tailored for vehicles that have been granted conditional registration, ensuring that they operate under conditions that are both safe and practical for their designated purposes.
Scope and Application
The Victorian Heavy Vehicle Standards (Agricultural Vehicles and Special Purpose Vehicles) Exemption Notice 2024 (No.1) applies specifically within Victoria and exempts agricultural vehicles and special purpose vehicles with conditional registration from certain standards outlined in the Heavy Vehicle (Vehicle Standards) National Regulation. This notice, made under section 61 of the Heavy Vehicle National Law, applies to vehicles that are either agricultural implements or machines, or vehicles built or modified for a purpose other than the carriage of goods or passengers, including forklifts, straddle carriers, mobile cherry pickers, and mobile cranes. The notice provides exemptions from specific vehicle standards such as horns, alarms, rear vision mirrors, headlights, and other lighting and reflective components, among others. However, it stipulates that the exempted vehicles must still comply with general conditions for conditionally registered vehicles and body types, as published by VicRoads. Furthermore, the exemption concerning prescribed dimension requirements applies only if the vehicle is operating under a mass and dimension access authority issued under the Heavy Vehicle National Law. The notice is effective from 2 September 2024 and will expire on 1 September 2029 unless otherwise altered by subordinate instruments.
Key Provisions
The Victorian Heavy Vehicle Standards (Agricultural Vehicles and Special Purpose Vehicles) Exemption Notice 2024 (No.1) (the "Notice") exempts agricultural vehicles and special purpose vehicles from certain compliance requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the "National Regulation"). Specifically, Section 1(1) of the Notice identifies that the exemption applies to vehicles that have conditional registration in Victoria. Section 1(2) further clarifies that the Notice applies to agricultural vehicles and special purpose vehicles with conditional registration.
The Notice imposes several obligations on the parties it governs. Firstly, Section 2 requires that any eligible vehicle operating under this Notice must comply with standard conditions that apply to conditionally registered vehicles and body types, as published by VicRoads. Section 3 outlines specific exemptions from the prescribed vehicle standards as listed in Table 1, which includes exemptions from certain lighting, marking, and structural standards. Additionally, Section 3(2) specifies that certain dimension requirements only apply to eligible vehicles operating under a mass and dimension access authority issued under the Heavy Vehicle National Law.
Failure to comply with the provisions of the Notice may result in civil or criminal consequences. Although specific penalties are not detailed within the Notice itself, breaches of the National Regulation, from which these vehicles are exempted, may result in fines and other penalties as outlined in the Heavy Vehicle National Law. The maximum penalties for contravening the National Regulation can include significant fines and potential imprisonment, depending on the severity and frequency of the offence.
In summary, the Notice provides exemptions from certain vehicle standards for agricultural vehicles and special purpose vehicles with conditional registration in Victoria. It requires compliance with standard conditions set by VicRoads and lists specific exemptions detailed in Table 1. Non-compliance with the Notice or the National Regulation may lead to civil or criminal penalties, including fines and imprisonment.