Amendment or cancellation of permit on application by permit holder
31D Amendment or cancellation of permit on application by permit holder
The holder of a permit may apply to the Regulator for an amendment or cancellation of the permit.
The application must—
be in the approved form; and
if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment.
An application to amend the person (the nominee) making written records for the driver under a work diary exemption (permit) must be accompanied by the nominee’s written agreement to the nomination.
The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.
For a prescribed amendment—
the Regulator must ask the relevant road managers, for the roads to which the amendment relates, for their consent to the amendment; and
the provisions of Division 2 of Part 4.7 of the Law apply to the request for consent in the same way as they apply to a request for consent under that Division, with any necessary modifications.
The Regulator must decide the application as soon as practicable after receiving it.
If the Regulator decides to grant the application—
the Regulator must give the applicant notice of the decision; and
the amendment or cancellation takes effect—
when notice of the decision is given to the applicant; or
if a later time is stated in the notice—at the later time.
If the Regulator decides to grant an application to amend a permit, the Regulator must give the applicant a replacement permit.
If the Regulator decides to grant an application to amend a class 2 heavy vehicle authorisation (permit) or mass or dimension exemption (permit) by changing the vehicle to which the permit applies to an equivalent vehicle, the Regulator must give notice of the amendment to the relevant road manager within 28 days after the permit is amended.
If the Regulator decides not to amend or cancel the permit, as sought by the applicant, the Regulator must give the applicant an information notice for the decision.
In this section—equivalent vehicle, of another vehicle, means a vehicle that—
is of the same category as the other vehicle; and
has mass requirements that are no more than the mass requirements applying to the other vehicle; and
has dimension requirements that are no more than the dimension requirements applying to the other vehicle; and
poses no greater public risk than the other vehicle.
prescribed amendment means an amendment of a class 2 heavy vehicle authorisation (permit) or mass or dimension exemption (permit) to—
amend the areas or routes to which the authority or exemption applies (otherwise than by omitting an area or route or reducing an area or route in size); or
impose or amend road conditions or travel conditions.
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