Heavy Vehicle (Vehicle Standards) National Regulation

This section prescribes the circumstances in which section 60(1) of the Law does not apply.

Section 60(1) of the Law does not apply to a heavy vehicle that—

is on a journey to a place for the repair of the vehicle, or any of its components or equipment, and is travelling on the most direct or convenient route to that place from the place where the journey began; andNote—The paragraph does not operate to exempt a person from complying with the requirements of a vehicle defect notice applying to the vehicle.

does not have any goods in it; and

is used on a road in a way that does not pose a safety risk.

Section 60(1) of the Law does not apply to a heavy vehicle that—

is on a road for testing or analysis of the vehicle, or any of its components or equipment, by an approved vehicle examiner for the purpose of checking its compliance with the heavy vehicle standards; and

does not have any passengers in it; and

does not have any goods in it, unless—

it has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and

without limiting paragraph (d), there are no reasonable grounds to believe the vehicle laden with those goods poses a significant safety risk; and

is used on a road in a way that does not pose a safety risk.

Section 60(1) of the Law does not apply to a person in relation to a heavy vehicle’s noncompliance with a heavy vehicle standard if, and to the extent, the noncompliance relates to a noncompliance known to the registration authority for the heavy vehicle at the time the registration authority registered the vehicle under an Australian road law.

For the purposes of subsection (4), the registration authority is taken to have known of the heavy vehicle’s noncompliance with a heavy vehicle standard at the time the registration authority registered the vehicle if the noncompliance was mentioned in—

an operations plate that was installed on the vehicle at the time it was registered; or

a certificate of approved operations issued for the vehicle and in force at the time the vehicle was registered; or

a document obtained by the registration authority under an Australian road law in connection with the registering of the vehicle.

Subsection (4) applies only if the heavy vehicle, and its use on a road, complies with the conditions of the heavy vehicle’s registration under an Australian road law.