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
Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provision 1
3 Commencement 2
Part 2—Road Safety (Vehicles) Regulations 2009 3
Division 1—Amendments to Chapter 1 3
4 Objectives 3
5 Definitions 3
6 Corporation may declare matters for the purposes of
Regulations 5
7 Interpretation—retractable axles 5
8 Approved forms, notices etc. 5
Division 2—Amendments to Chapter 2 6
9 Installation of operations plates and the modification of
vehicles 6
10 Inspection of vehicles 6
11 Conditional registration 6
12 Period of registration 6
13 Affixing number plate 6
14 Offence 7
15 Return of number plates 7
16 Application of certain fees 8
17 Use of unregistered vehicle with trade plates by prospective purchaser 8
Division 3—Amendments to Chapter 4 8
18 Heading amended 8
19 New Part 4.0 inserted 8
PART 4.0—PRELIMINARY MATTERS 8
157K Non-application to heavy vehicles 8
20 Regulations revoked 8
21 Maximum heights 9
22 Maximum length for motor vehicles 9
23 Regulation 170 substituted 9
170 Trailer drawbar lengths 9
24 Offence to use on a highway a vehicle that does not comply
with a relevant dimension limit 9
25 Offence to use on a highway a vehicle that does not comply
with regulation173 10
26 Regulation 176 substituted 10
176 Dimension limits do not apply to certain classO
vehicles 10
Division 4—Amendments to Chapter 5 10
27 Heading to Chapter 5 substituted 10
28 Heading to Part 5.1 substituted 11
29 Regulation 177 substituted 11
177 ClassO vehicle 11
30 Heading to Division 2 of Part 5.1 substituted 11
31 Regulation 178 substituted 11
178 Exemption from Schedule 7 by classO notice 11
32 Contents of classO notices 12
33 Heading to Division 3 of Part 5.1 substituted 12
34 Exemption from Schedule 7 by class 1 permit 12
35 Contents of class 1 permits 13
36 Offence to fail to comply with a relevant requirement of Schedule 7 13
37 Regulation 183, 184, 185 and 186 amended 13
38 Parts 5.2 and 5.3 revoked 14
Division 5—Amendments to Chapter 7 14
39 Heading to Chapter 7 substituted 14
40 New regulation 234A inserted 14
234A Non-application to heavy vehicles 14
Division 6—Amendments to Chapter 8 14
41 New regulation 244A inserted 14
244A Non-application to heavy vehicles 14
42 Towing offences 14
43 Use of vehicles not complying with standards 15
44 Other use of vehicle offences 15
45 Keeping documents 15
46 Transitional provision for class 1 notices 15
278 Notices and permits following Heavy Vehicle National Law (Victoria) 15
Division 7—Amendments to Schedule 2 16
47 Note to Schedule 2 amended 16
48 Vehicle standards 16
49 Object of vehicle standards 16
50 Definitions 16
51 Diagrams 17
52 Non-application of Vehicle Standards to ADRcompliant
matters 17
53 Note to Part 3 of Schedule 2 17
54 What is an adopted standard? 18
55 Steering 18
56 Mudguards and spray suppression 18
57 Electrical wiring, components connections and installations 19
58 Windscreens and windows 19
59 Windscreen wipers and washers 19
60 Pneumatic tyres—carcass construction 19
61 Tyres for use on vehicles with GVM over 4×5 tonnes 19
62 Schedule 2 amended 20
63 Other lights and reflectors 20
64 Rear marking plates 21
65 Braking systems 21
66 Parts of a braking system 21
67 Supply of air or vacuum to brakes 21
68 Air or vacuum brakes on motor vehicles 22
69 Additional brake requirements 22
70 Exhaust systems 22
71 Maximum road speed limiting 22
72 Part 13 amended 22
73 Additional coupling requirements 22
Division 8—Amendments to Schedule 5 23
74 Amendments to Schedule 5 23
Division 9—Amendments to Schedule 7 23
75 Heading to Schedule 7 substituted 23
76 Heading to Part 1 of Schedule 7 substituted 23
77 Schedule 7 amended 23
Division 10—Schedules 8 and 9 revoked 28
78 Revocation of Schedules 8 and 9 28
Part 3—Road Safety (Drivers) Regulations 2009 29
79 Renewal or refusal to renew driver licence 29
80 Revocation of Part 5 29
81 Amendments to Schedule 3 29
82 Amendments to Schedule 4 31
83 Amendments to Schedule 5 31
Part 4—Road Safety (General) Regulations 2009 32
84 Revocation of Parts 6 and 7 32
85 Prosecution for parking offences 32
86 Appropriation of fines 32
87 Traffic infringements 32
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ENDNOTES 34
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Part 2—Road Safety (Vehicles) Regulations 2009
Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law) Regulations 2013
S.R. No. 150/2013
statutory rules 2013
S.R. No. 150/2013
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Part 2—Road Safety (Vehicles) Regulations 2009
Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law) Regulations 2013
S.R. No. 150/2013
Road Safety Act 1986
6
Part 2—Road Safety (Vehicles) Regulations 2009
Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law) Regulations 2013
S.R. No. 150/2013
Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law) Regulations 2013
6
Part 2—Road Safety (Vehicles) Regulations 2009
Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law) Regulations 2013
S.R. No. 150/2013
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
r. 3
These Regulations come into operation on the day on which section 4 of the Heavy Vehicle National Law Application Act 2013 comes into operation.
______
Part 2—Road Safety (Vehicles) Regulations 2009
Division 1—Amendments to Chapter 1
4 Objectives
r. 4
(1) In regulation 1(a)(i) of the Road Safety (Vehicles) Regulations 2009[1], 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 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 "class1 notice" substitute "classO notice";
(c) in the definition of class 1 permit, for "class1 permit" substitute "classO permit";
(d) in the definition of class 1 vehicle, for "class1 vehicle" substitute "classO vehicle";
(e) in the definition of escort vehicle, for "class1 vehicle" substitute "classO vehicle";
r. 5
(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 light trailer;";
(i) in the definition of pilot vehicle, for "class 1 vehicle" substitute "classO 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 Part8 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
r. 6
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
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
r. 9
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 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
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 20metres at all points within the shaded arcs marked "A".';
(c) Figure 6 is revoked.
14 Offence
r. 14
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 (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 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
r. 16
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".
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 Table1 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;
(g) regulation 169(2) and (5) are revoked.
21 Maximum heights
r. 21
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
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 8×5metres.
(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 5metres.".
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 classO vehicle".
25 Offence to use on a highway a vehicle that does not comply with regulation173
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 classO vehicle".
r. 25
26 Regulation 176 substituted
For regulation 176 of the Road Safety (Vehicles) Regulations 2009 substitute—
"176 Dimension limits do not apply to certain classO 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 ClassO Vehicles".
28 Heading to Part 5.1 substituted