Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law)

Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law) Regulations 2013 S.R. No. 150/2013

TABLE OF PROVISIONS Regulation Page STATUTORY RULES 2013

S.R. No. 150/2013

Road Safety Act 1986

Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law) Regulations 2013

The Governor in Council makes the following Regulations: Dated: 3 December 2013 Responsible Minister: TERRY MULDER Minister for Roads

YVETTE CARISBROOKE Clerk of the Executive Council

PART 1—PRELIMINARY 1 Objective The objective of these Regulations is to amend the following Regulations to give effect to the Heavy Vehicle National Law (Victoria)— (a) the Road Safety (Vehicles) Regulations 2009; (b) the Road Safety (Drivers) Regulations 2009; (c) the Road Safety (General) Regulations 2009. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986.

3 Commencement These Regulations come into operation on the day on which section 4 of the Heavy Vehicle National Law Application Act 2013 comes into operation.

2 ______r. 3

3 PART 2—ROAD SAFETY (VEHICLES) REGULATIONS 2009

Division 1—Amendments to Chapter 1 4 Objectives (1) In regulation 1(a)(i) of the Road Safety (Vehicles) Regulations 20091, for "ensures the" substitute "ensures that". (2) In regulation 1(c) of the Road Safety (Vehicles) Regulations 2009, before "motor vehicles and trailers" insert "light". (3) In regulation 1(d) of the Road Safety (Vehicles) Regulations 2009, before "motor vehicles and r. 4 trailers" insert "light". 5 Definitions (1) In regulation 5 of the Road Safety (Vehicles) Regulations 2009, the definitions of 3 axle dog trailer combination, 4 axle dog trailer combination, articulated bus, B-double, class 2 notice, class 3 notice, class 2 permit, class 3 permit, class 2 vehicle, class 3 vehicle, controlled access bus, hauling unit, low floor bus, retractable axle, road friendly suspension and road train are revoked. (2) In regulation 5 of the Road Safety (Vehicles) Regulations 2009 insert the following definitions — "light combination means a combination that does not include a heavy vehicle; light trailer means a trailer with an MRC not exceeding 45 tonnes;".

(3) In regulation 5 of the Road Safety (Vehicles) Regulations 2009— (a) in the definition of centre of an axle group, Figure 1 is revoked; (b) in the definition of class 1 notice, for "class 1 notice" substitute "class O notice"; (c) in the definition of class 1 permit, for "class 1 permit" substitute "class O permit";

4 (d) in the definition of class 1 vehicle, for "class 1 vehicle" substitute "class O vehicle"; (e) in the definition of escort vehicle, for "class 1 vehicle" substitute "class O vehicle"; (f) in the definition of heavy trailer, for "with an MRC of more than 45 tonnes" substitute "which is a heavy vehicle"; (g) in the definition of large indivisible item, omit "mass or"; (h) for the definition of light vehicle, substitute — "light vehicle means a light motor vehicle or r. 5 light trailer;"; (i) in the definition of pilot vehicle, for "class 1 vehicle" substitute "class O vehicle"; (j) in the definition of relevant design rules, for "Department of Transport and Regional Services" substitute "Department of Infrastructure and Transport"; (k) in the definition of special purpose vehicle, before "vehicle" insert "light";

(l) in the definition of special purpose vehicle, before "vehicles" insert "light"; (m) for the definition of standards for registration substitute— "standards for registration means— (a) for a heavy vehicle, the heavy vehicle standards within the meaning of the Heavy Vehicle National Law (Victoria) and if the heavy vehicle is a bus Division 18 of Part 8 of Schedule 2; and (b) for any other vehicle, the Vehicle Standards set out in Schedule 2;". 6 Corporation may declare matters for the purposes of Regulations

5 In regulation 6 of the Road Safety (Vehicles) Regulations 2009— (a) paragraphs (b), (d) and (g) are revoked; (b) in paragraph (i), after "a modification" insert "to a light vehicle"; and (c) in paragraph (k), before "vehicle" insert "light". 7 Interpretation—retractable axles r. 6 Regulation 10 of the Road Safety (Vehicles) Regulations 2009 is revoked. 8 Approved forms, notices etc. In regulation 11(1)(a) of the Road Safety (Vehicles) Regulations 2009, for ", 180, 190, 196," substitute "180,".

Division 2—Amendments to Chapter 2 9 Installation of operations plates and the modification of vehicles For regulation 21(3)(b) of the Road Safety (Vehicles) Regulations 2009 substitute— "(b) for a heavy vehicle, the modification or addition is certified by a person appointed as an authorised officer under regulation 7 as complying with the National Code of Practice for Heavy Vehicle Modification published by the Department of r. 9 Infrastructure and Transport as Vehicle Standards Bulletin No. 6; and". 10 Inspection of vehicles In regulation 28(1)(b) of the Road Safety (Vehicles) Regulations 2009, for "is registered" substitute "is a registered vehicle". 11 Conditional registration In regulation 30(7) of the Road Safety (Vehicles) Regulations 2009, after "conditionally registered" insert "under this regulation". 12 Period of registration

6 In regulation 43(1)(b) of the Road Safety (Vehicles) Regulations 2009 omit "or motor cycle". 13 Affixing number plate In regulation 48 of the Road Safety (Vehicles) Regulations 2009— (a) in subregulation (1)(d) for "figures 5 and 6" substitute "figure 5";

(b) for Figure 5 substitute— '

Figure 5: Number plates must be clearly visible from 20 metres at all points within the shaded arcs marked "A".'; (c) Figure 6 is revoked. 14 Offence After regulation 50(3) of the Road Safety (Vehicles) Regulations 2009 insert— "(4) This regulation does not apply to a heavy vehicle which is required to affix and display number plates in accordance with the Heavy Vehicle National Law (Victoria).". 15 Return of number plates (1) After regulation 70(1) of the Road Safety r. 14 (Vehicles) Regulations 2009 insert— "(1A) The Corporation, by written notice to the registered operator of a vehicle, may request the registered operator to return the vehicle’s number plates if new number plates have

7 been assigned to that vehicle under the Heavy Vehicle National Law (Victoria).". (2) In regulation 70(2) of the Road Safety (Vehicles) Regulations 2009, after "subregulation (1)" insert "or (1A)". 16 Application of certain fees In regulation 107(a) of the Road Safety (Vehicles) Regulations 2009 omit "to 22". 17 Use of unregistered vehicle with trade plates by prospective purchaser In regulation 148(1)(a)(i) of the Road Safety (Vehicles) Regulations 2009, for "vehicle that has a GVM of more than 45 tonnes" substitute "heavy vehicle". r. 16 Division 3—Amendments to Chapter 4 18 Heading amended In the heading to Chapter 4 of the Road Safety (Vehicles) Regulations 2009, before "VEHICLES" insert "LIGHT". 19 New Part 4.0 inserted After the heading to Chapter 4 of the Road Safety (Vehicles) Regulations 2009 insert—

"PART 4.0—PRELIMINARY MATTERS 157K Non-application to heavy vehicles This Chapter does not apply to a heavy vehicle. ______". 20 Regulations revoked In the Road Safety (Vehicles) Regulations 2009— (a) regulation 158(1)(b) and (c) are revoked; (b) regulation 159(3), (4), (5) and (6) and Table 1 to regulation 159 are revoked; (c) regulations 160, 161 and 162 are revoked; (d) regulation 164(2) is revoked; (e) regulation 166(2) is revoked; (f) regulation 167(5), (6) and (7) are revoked;

8 (g) regulation 169(2) and (5) are revoked. 21 Maximum heights In regulation 164(1) of the Road Safety (Vehicles) Regulations 2009 omit "other than a double- decker bus". 22 Maximum length for motor vehicles In regulation 166(1) of the Road Safety (Vehicles) Regulations 2009 omit "other than an articulated bus". 23 Regulation 170 substituted r. 21 For regulation 170 of the Road Safety (Vehicles) Regulations 2009 substitute— "170 Trailer drawbar lengths (1) For a trailer with only one axle or axle group, other than a semi-trailer, the maximum distance between the coupling pivot point on a drawbar and the centre line of the axle group or single axle is 85 metres. (2) The maximum distance between the coupling pivot point on the drawbar of a dog trailer and the centre line of the front axle group or the centre line of the front single axle of the trailer is 5 metres.". 24 Offence to use on a highway a vehicle that does not comply with a relevant dimension limit In regulation 174(4) of the Road Safety (Vehicles) Regulations 2009, for "a class 1 vehicle, a class 2 vehicle or a class 3 vehicle" substitute "a class O vehicle".

25 Offence to use on a highway a vehicle that does not comply with regulation 173 In regulation 175(4) of the Road Safety (Vehicles) Regulations 2009, for "a class 1 vehicle, class 2 vehicle or class 3 vehicle" substitute "a class O vehicle". 26 Regulation 176 substituted

9 For regulation 176 of the Road Safety (Vehicles) Regulations 2009 substitute— "176 Dimension limits do not apply to certain r. 25 class O vehicles A width limit, length limit or height limit set out in Schedule 7 does not apply to a vehicle if— (a) the vehicle is exempt from compliance with the limit as a result of a notice published, or permit issued, under Chapter 5; and (b) the vehicle is being used in accordance with the notice or permit.".

Division 4—Amendments to Chapter 5 27 Heading to Chapter 5 substituted For the heading to Chapter 5 of the Road Safety (Vehicles) Regulations 2009 substitute—

"CHAPTER 5—DIMENSION LIMITS AND OTHER REQUIREMENTS FOR CLASS O VEHICLES".

28 Heading to Part 5.1 substituted For the heading to Part 5.1 of the Road Safety (Vehicles) Regulations 2009 substitute—

"PART 5.1—CLASS O VEHICLES". 29 Regulation 177 substituted For regulation 177 of the Road Safety (Vehicles) Regulations 2009 substitute— "177 Class O vehicle r. 28 (1) A class O vehicle is any light vehicle or light combination with a dimension that exceeds a relevant dimension limit set out in Chapter 4. (2) Schedule 7 has effect.". 30 Heading to Division 2 of Part 5.1 substituted

10 For the heading to Division 2 of Part 5.1 of the Road Safety (Vehicles) Regulations 2009 substitute—

"Division 2—Class O notices". 31 Regulation 178 substituted For regulation 178 of the Road Safety (Vehicles) Regulations 2009 substitute— "178 Exemption from Schedule 7 by class O notice (1) The Corporation, by a notice published in the Government Gazette, may exempt a category of class O vehicles from any of the following requirements set out in Schedule 7— (a) a dimension limit, other than a limit that relates to a manufacturer's limit; or (b) any other requirement, apart from a mass limit. (2) A class O notice under subregulation (1) may contain any conditions the Corporation thinks fit.". 32 Contents of class O notices (1) For the heading to regulation 179 of the Road Safety (Vehicles) Regulations 2009 substitute— "Contents of class O notices". (2) In regulation 179 of the Road Safety (Vehicles) Regulations 2009, for "class 1" (wherever occurring) substitute "class O". (3) In regulation 179(a) of the Road Safety (Vehicles) Regulations 2009, for "category" substitute r. 32 "type". (4) In regulation 179(b) of the Road Safety (Vehicles) Regulations 2009, for "category" substitute "type". 33 Heading to Division 3 of Part 5.1 substituted For the heading to Division 3 of Part 5.1 of the Road Safety (Vehicles) Regulations 2009 substitute—

"Division 3—Class O permits". 34 Exemption from Schedule 7 by class 1 permit

11 (1) In the heading to regulation 180 of the Road Safety (Vehicles) Regulations 2009, for "class 1" substitute "class O". (2) For regulation 180(1) of the Road Safety (Vehicles) Regulations 2009 substitute— "(1) The Corporation may issue a permit that exempts one or more class O vehicles from any of the following requirements set out in Schedule 7— (a) a dimension limit other than a limit that relates to a manufacturer's limit; or (b) any other requirement, apart from a mass limit.". (3) In regulation 180(2) of the Road Safety (Vehicles) Regulations 2009, for "class 1" (wherever occurring) substitute "class O". (4) Regulation 180(3) of the Road Safety (Vehicles) Regulations 2009 is revoked. (5) In regulation 180(4) of the Road Safety (Vehicles) Regulations 2009, for "class 1" substitute "class O". (6) In regulation 180(7)(d) of the Road Safety (Vehicles) Regulations 2009 omit "or overmass". 35 Contents of class 1 permits (1) For the heading to regulation 181 of the Road Safety (Vehicles) Regulations 2009 substitute— "Contents of class O permits". (2) In regulation 181 of the Road Safety (Vehicles) Regulations 2009, for "class 1" (wherever occurring) substitute "class O". 36 Offence to fail to comply with a relevant requirement of Schedule 7 r. 35 (1) In regulation 182 of the Road Safety (Vehicles) Regulations 2009 omit "mass limit," (wherever occurring). (2) In regulation 182 of the Road Safety (Vehicles) Regulations 2009, for "class 1" (wherever occurring) substitute "class O". 37 Regulation 183, 184, 185 and 186 amended

12 In regulations 183, 184, 185 and 186 of the Road Safety (Vehicles) Regulations 2009, for "class 1" (wherever occurring) substitute "class O". 38 Parts 5.2 and 5.3 revoked Parts 5.2 and 5.3 of the Road Safety (Vehicles) Regulations 2009 are revoked.

Division 5—Amendments to Chapter 7 39 Heading to Chapter 7 substituted For the heading to Chapter 7 of the Road Safety (Vehicles) Regulations 2009 substitute— r. 38 "CHAPTER 7—VEHICLE DEFECT NOTICES FOR LIGHT VEHICLES". 40 New regulation 234A inserted Before regulation 235 of the Road Safety (Vehicles) Regulations 2009 insert— "234A Non-application to heavy vehicles This Chapter does not apply to a heavy vehicle.".

Division 6—Amendments to Chapter 8 41 New regulation 244A inserted Before regulation 245 of the Road Safety (Vehicles) Regulations 2009 insert— "244A Non-application to heavy vehicles This Chapter, except regulations 245, 246, 247, 252 and 253, does not apply to a heavy vehicle.". 42 Towing offences Regulation 249(2) of the Road Safety (Vehicles) Regulations 2009 is revoked.

43 Use of vehicles not complying with standards (1) Regulation 258(1) of the Road Safety (Vehicles) Regulations 2009 is revoked.

13 (2) In regulation 258(2) of the Road Safety (Vehicles) Regulations 2009 omit "other". (3) For the penalty at the foot of regulation 258(2) of r. 43 the Road Safety (Vehicles) Regulations 2009 substitute— "Penalty: 5 penalty units.". (4) In regulation 258(3) of the Road Safety (Vehicles) Regulations 2009, for "Subregulations (1) and (2) do not" substitute "Subregulation (2) does not". 44 Other use of vehicle offences For the penalty at the foot of regulation 259(1) of the Road Safety (Vehicles) Regulations 2009 substitute— "Penalty: 5 penalty units.". 45 Keeping documents In regulation 260 of the Road Safety (Vehicles) Regulations 2009, for "class 1, 2 or 3" (wherever occurring) substitute "class O". 46 Transitional provision for class 1 notices At the end of Chapter 11 of the Road Safety (Vehicles) Regulations 2009 insert— "278 Notices and permits following Heavy Vehicle National Law (Victoria) A notice published in the Government Gazette under regulation 178 or clause 7 of Schedule 7 or a permit under regulation 180 — (a) that relates to vehicles that are class 1 vehicles under these Regulations; and (b) that was in force immediately before the commencement of section 4 of the Heavy Vehicle National Law Application Act 2013— continues to have effect after that commencement, to the extent that it relates to light vehicles or light combinations, as a class O vehicle notice or class O vehicle permit under the relevant regulation or clause, until its expiry date.".

Division 7—Amendments to Schedule 2

14 47 Note to Schedule 2 amended In the note to Schedule 2 of the Road Safety (Vehicles) Regulations 2009, for "vehicles" (where first occurring) substitute "light vehicles". 48 Vehicle standards In clause 1 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, after "standards for registration" insert "for light vehicles". 49 Object of vehicle standards r. 47 In clause 2 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "motor vehicles, trailers and combinations" (wherever occurring) substitute "light motor vehicles, light trailers and light combinations". 50 Definitions In clause 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, the definitions of 50 millimetre kingpin, 75 millimetre kingpin, 90 millimetre kingpin, repeater horn and road tank vehicle are revoked.

51 Diagrams (1) In clause 4(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "(except the essential diagram in clause 165 of this Schedule)". (2) The note at the foot of clause 4 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked. 52 Non-application of Vehicle Standards to ADRcompliant matters r. 51 The example at the foot of clause 12 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked. 53 Note to Part 3 of Schedule 2 (1) In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "Vehicle Standards Bulletin No. 6 – National Code of Practice for Heavy Vehicle Modifications and".

15 (2) In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit— " Clause 119 (rear marking plates)  Clause 136(1) and (2) (braking system for prime mover in Bdouble)  Clause 137 (braking system design for motor vehicles in road trains)  Clause 138(1) and (3) (braking system design for trailers in Bdoubles or road trains)  Clause 155(1) and (2) (speed limiting)". (3) In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "Clauses 51 and 52" substitute "Clause 52".

(4) In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "(display of certain lights and reflectors)" substitute "(display of certain lights and reflectors).". (5) In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit— " Clause 169(1)(b) (attachment of couplings and drawbar eyes on road trains).". 54 What is an adopted standard? For the example at the foot of clause 24 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 substitute— "Example Clause 53 adopts Australian Standard AS 1973-1993 Pneumatic Tyres—Passenger Car, Light Truck and Truck/Bus—Retreading and Repair Processes.". 55 Steering r. 54 (1) Clause 27(1) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked. (2) In clause 27(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "with a GVM not over 45 tonnes". 56 Mudguards and spray suppression

16 (1) For clause 33(1) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 substitute— "(1) A vehicle must have firmly fitted a mudguard for each wheel or for adjacent wheels.". (2) In clause 33(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "Subclause (1) (a)" substitute "Subclause (1)".

(3) For the example at the foot of clause 33(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 substitute— "Example Subclause (2)(a) would apply to: 1 Most road-making plant; 2 Some agricultural equipment.". (4) Clause 33(3) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked. (5) In clause 33(4) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "However, a" substitute "A". 57 Electrical wiring, components connections and installations Clause 41(5) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked. 58 Windscreens and windows In clause 43(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, in the definition of approved material, in paragraph (h) for "Land Highway" substitute "Land Highways". 59 Windscreen wipers and washers r. 57 Clause 45(3) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked. 60 Pneumatic tyres—carcass construction In clause 48(1) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "with a GVM not over 45 tonnes". 61 Tyres for use on vehicles with GVM over 45 tonnes

17 Clause 51 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.

62 Schedule 2 amended In Schedule 2 to the Road Safety (Vehicles) Regulations 2009— (a) in clause 52(1)(b) for "1972; and" substitute "1972."; (b) clause 52(1)(c) is revoked; (c) for clause 54(2)(a) substitute— "(a) across the tyre width that normally comes into contact with the road; and"; (d) clause 60 is revoked; (e) in clause 61 for "class 1" substitute "class O"; (f) clause 62 is revoked; (g) clause 63 is revoked; (h) in clause 64(1) omit ", except an articulated bus,"; (i) clause 64(2) is revoked; (j) clause 65 is revoked; (k) in clauses 66, 67, 68, 69 and 72 for "or the relevant provisions of Schedule 7, 8 or 9" substitute "or in Schedule 7"; (l) the example at the foot of clause 87(3) is revoked. 63 Other lights and reflectors (1) In clause 118(1) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009— (a) in the definition of exempt vehicle for "means" substitute "means a light vehicle that is"; and (b) in paragraph (a) of the definition of special use vehicle, for "vehicle" substitute "light vehicle". r. 62 (2) In clause 118(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "vehicle" (where first occurring) substitute "light vehicle".

18 (3) In clause 118(3) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "vehicle" (where first occurring) substitute "light vehicle". 64 Rear marking plates (1) Clause 119(2) and (3) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 are revoked. (2) In clause 119(4) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "with a GVM not over 12 tonnes or a trailer with a GTM not over 10 tonnes" substitute "or a trailer". 65 Braking systems In the note to Part 9 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "This Part also includes special requirements for braking systems on B-doubles and road trains to ensure that the braking systems on the component vehicles are compatible. The special requirements do not apply to a road train that is 19 metres long or less.". 66 Parts of a braking system Clause 125(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked. 67 Supply of air or vacuum to brakes Clause 127(1)(b) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.

r. 64 68 Air or vacuum brakes on motor vehicles Clause 131(5), (7) and (8) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 are revoked. 69 Additional brake requirements Division 4 of Part 9 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked. 70 Exhaust systems (1) Clause 148(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.

19 (2) In clause 148(3) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, after "The outlet" insert "of the exhaust system fitted to a bus". (3) Clause 148(4) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked. 71 Maximum road speed limiting Part 12 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked. 72 Part 13 amended In the note to Part 13 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "The requirements in this Part about the mechanical connections between vehicles in a road train do not apply to a road train 19 metres long or less.". 73 Additional coupling requirements Division 2 of Part 13 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.

r. 68 Division 8—Amendments to Schedule 5 74 Amendments to Schedule 5 (1) In item 20 in Schedule 5 to the Road Safety (Vehicles) Regulations 2009, for "Class 1 permit" substitute "Class O permit". (2) Items 21 and 22 in Schedule 5 to the Road Safety (Vehicles) Regulations 2009 are revoked.

Division 9—Amendments to Schedule 7 75 Heading to Schedule 7 substituted For the heading to Schedule 7 to the Road Safety (Vehicles) Regulations 2009 substitute—

"DIMENSION LIMITS AND OTHER REQUIREMENTS FOR CLASS O VEHICLES". 76 Heading to Part 1 of Schedule 7 substituted

20 For the heading to Part 1 of Schedule 7 to the Road Safety (Vehicles) Regulations 2009 substitute—

"PART 1—DIMENSION LIMITS AND OTHER REQUIREMENTS FOR ALL CLASS O VEHICLES". 77 Schedule 7 amended In Schedule 7 to the Road Safety (Vehicles) Regulations 2009— (a) in clause 1— (i) for "class 1" substitute "class O"; (ii) in subclause (2) for "mass or dimension limit" (wherever occurring) substitute "dimension limit". r. 74 (b) Division 2 of Part 1 is revoked; (c) in clause 5— (i) for "class 1" (wherever occurring) substitute "class O"; (ii) the example at the foot of Table 3 is revoked; (d) in clause 6 for "class 1" substitute "class O"; (e) in clause 7— (i) in the heading for "Class 1" substitute "Class O"; (ii) for "class 1" substitute "class O"; (iii) for "Class 1 permit" substitute "class O permit"; (f) in clause 8— (i) in the heading for "class 1" substitute "class O"; (ii) for "class 1" substitute "class O"; (g) in clause 9—

21 (i) in the heading for "class 1" substitute "class O"; r. 77 (ii) in subclause (1) for "class 1" substitute "class O"; (iii) in subclause (3) for "class 1" substitute "class O"; (iv) in subclause (5) for "class 1" substitute "class O"; (v) in subclause (7) for "class 1" substitute "class O"; (h) in clause 10 for "class 1" (wherever occurring) substitute "class O";

(i) in clause 11— (i) in the heading for "class 1" substitute "class O"; (ii) for "class 1" substitute "class O"; (j) in clause 12— (i) in the heading for "class 1" substitute "class O"; (ii) in subclause (1) for "class 1" substitute "class O"; (k) in clause 13 for "class 1" substitute "class O"; (l) in clause 14— (i) in the heading for "class 1" substitute "class O"; (ii) for "class 1" (where first occurring) substitute "class O"; (m) in clause 15— (i) in the heading for "class 1" substitute r. 77 "class O"; (ii) for "class 1" (wherever occurring) substitute "class O"; (n) in clause 16— (i) in the heading for "class 1" substitute "class O";

22 (ii) in subclause (1) for "class 1" substitute "class O"; (o) in clause 17— (i) in the heading for "class 1" substitute "class O"; (ii) for "class 1" (wherever occurring, including the example) substitute "class O"; (p) in clause 18 for "class 1" substitute "class O"; (q) in clause 19— (i) in the heading for "class 1" substitute "class O"; (ii) in subclause (1) for "class 1" substitute "class O"; (r) in clause 20— (i) in the heading for "class 1" substitute "class O"; (ii) for "class 1" (wherever occurring) substitute "class O"; (s) in clause 21— (i) in the heading for "class 1" substitute "class O"; r. 77 (ii) for "class 1" substitute "class O"; (t) in clause 22 for "class 1" (wherever occurring) substitute "class O"; (u) in clause 23 for "class 1" (wherever occurring) substitute "class O"; (v) in clause 24— (i) in the heading for "class 1" substitute "class O"; (ii) for "class 1" (wherever occurring) substitute "class O"; (w) in the heading to Part 2 for "CLASS 1" substitute "CLASS O"; (x) Division 2 of Part 2 is revoked; (y) in clause 27 for "class 1" (wherever occurring) substitute "class O";

23 (z) in clause 28 for "class 1" substitute "class O"; (za) in clause 29 for "class 1" (wherever occurring) substitute "class O"; (zb) in clause 30— (i) in subclause (1) for "class 1" substitute "class O"; (ii) subclause (2) is revoked; (zc) clause 31 is revoked; (zd) Division 2 of Part 3 is revoked; (ze) Division 2 of Part 4 is revoked; (zf) in clause 44(4) for "class 1" substitute r. 77 "class O"; (zg) in clause 46 for "class 1" substitute "class O"; (zh) in the heading to Part 5 for "CLASS 1" substitute "CLASS O"; (zi) in clause 49 for "class 1" (wherever occurring) substitute "class O"; (zj) in clause 50(1)(b)(i) for "class 1" substitute "class O"; (zk) in clause 51 for "class 1" (wherever occurring) substitute "class O"; (zl) in clause 60(3) for "class 1" (wherever occurring) substitute "class O"; (zm) in clause 61(a) for "class 1" substitute "class O";

(zn) in clause 62— (i) in the heading for "class 1" substitute "class O"; (ii) for "class 1" substitute "class O"; (zo) in clause 63 for "class 1" (wherever occurring) substitute "class O"; (zp) in clause 64—

24 (i) in the heading for "class 1" substitute "class O"; (ii) for "class 1" (wherever occurring) substitute "class O".

Division 10—Schedules 8 and 9 revoked 78 Revocation of Schedules 8 and 9 Schedules 8 and 9 to the Road Safety (Vehicles) Regulations 2009 are revoked. ______

25 PART 3—ROAD SAFETY (DRIVERS) REGULATIONS 2009 79 Renewal or refusal to renew driver licence In regulation 40(2)(d) of the Road Safety (Drivers) Regulations 20092, after "Regulations" insert "or the Heavy Vehicle National Law (Victoria) or the national regulations under that Law". 80 Revocation of Part 5 Part 5 of the Road Safety (Drivers) Regulations 2009 is revoked. r. 79 81 Amendments to Schedule 3 (1) For item 8 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute— "8 Driving fatigue- HVNL 250(1)(a), 4 regulated vehicle in 251(1)(a), 254(1)(a), contravention of 256(1)(a), 258(1)(a), maximum work 260(1)(a) requirement —critical risk ". breach (2) For item 9 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute— "9 Driving fatigue- HVNL 250(1)(b), 4 regulated vehicle in 251(1)(b), 254(1)(b), contravention of 256(1)(b), 258(1)(b), minimum rest 260(1)(b) requirement —critical risk ". breach (3) For item 16 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute— "16 Driving in RS(V)R 240(1), 3 contravention of a HVNL 529 condition of a major defect notice ". (4) For item 33 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute— "33 Driving fatigue- HVNL 228(1) 3 regulated vehicle while impaired by fatigue ". (5) For item 34 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute—

26 "34 Driving fatigue- HVNL 250(1)(a), 3 regulated vehicle in 251(1)(a), 254(1)(a), contravention of 256(1)(a), 258(1)(a), maximum work 260(1)(a) requirement —severe risk ". breach (6) For item 35 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute— "35 Driving fatigue- HVNL 250(1)(b), 3 regulated vehicle in 251(1)(b), 254(1)(b), contravention of 256(1)(b), 258(1)(b), minimum rest 260(1)(b) requirement —severe risk ". r. 81 breach (7) For item 40 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute— "40 Driving in RS(V)R 240(1), 1 contravention of a HVNL 529 condition of a minor defect notice ". (8) At the foot of the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 insert— "HVNL means the Heavy Vehicle National Law (Victoria);".

82 Amendments to Schedule 4 In Schedule 4 to the Road Safety (Drivers) Regulations 2009, for the paragraph headed "Road Safety Act 1986" substitute— "Heavy Vehicle National Law (Victoria) Sections 89, 250(1), 251(1), 254(1), 256(1), 258(1), 260(1), 293(1), 296(1), 297(2), 298(1), 301, 302, 326(1), 327, 329, 335(1), 336(1), 468(1), 704. r. 82 Road Safety Act 1986 Sections 7(1) and (2), 13(5), 18(1)(a) and (b), 19(5) and (7), 21(1A), 30(1), 32(1), 49(1), 50AAD(1)(a), 56(2) and (7), 59(1) and (8), 60(1), 61(3), (4) and (5), 62(3), 64(1), 68(1) and (2), 70(1A), 74(1) and (2).".

27 83 Amendments to Schedule 5 Items 15 and 16 of Schedule 5 to the Road Safety (Drivers) Regulations 2009 are revoked. ______

28 PART 4—ROAD SAFETY (GENERAL) REGULATIONS 2009 84 Revocation of Parts 6 and 7 Parts 6 and 7 of the Road Safety (General) Regulations 20093 are revoked. 85 Prosecution for parking offences In regulation 83(b) of the Road Safety (General) Regulations 2009, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure". 86 Appropriation of fines r. 84 In regulation 84(c)(i)(C) of the Road Safety (General) Regulations 2009 omit "or 5". 87 Traffic infringements In Schedule 7 to the Road Safety (General) Regulations 2009— (a) in column 3 of item 9A for "1, 2 or 3" substitute "O"; (b) in column 3 of item 9A omit "mass or"; (c) in column 4 of item 9A omit "192(1), 192(2), 192(3), 198(1), 198(2), 198(3)"; (d) item 165A is revoked; (e) in column 3 of item 165B omit "(other than a large vehicle)"; (f) in column 3 of item 165D for "vehicle other than a heavy vehicle" substitute "light vehicle"; (g) in column 3 of item 165E before "vehicle" (where first occurring) insert "light"; (h) item 165F is revoked; (i) items 166 to 227 are revoked; (j) items 246 to 250 are revoked; (k) in column 3 of item 250A before "vehicle" insert "light". ═══════════════

29 Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law) Regulations 2013 S.R. No. 150/2013 ENDNOTES Endnotes r. 87

1 Reg. 4(1): S.R. No. 118/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 87/2013.

2 Reg. 79: S.R. No. 95/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 86/2013. Subsequently amended by S.R. Nos 28/2010, 23/2013 and 59/2013.

3 Reg. 84: S.R. No. 115/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 84/2012. Subsequently amended by S.R. No. 118/2013.