Heavy Vehicle National Law Amendment Regulation 2026

1Short title

This Regulation may be cited as the Heavy Vehicle National Law Amendment Regulation 2026.

2Commencement

This Regulation commences on 1 August 2026.

3Regulation amended

This Part amends the Heavy Vehicle (Fatigue Management) National Regulation.

4Replacement of s 3 (Definition)

Section 3—
omit, insert—

3Definitions

In this Regulation—

cancel, in relation to an unused daily sheet in a written work diary, means cancel by writing ‘cancelled’ in large letters across the sheet.

daily sheet, for a written work diary, has the meaning given by section 12C(1)(b).

5Amendment of s 4 (Interpretation provisions)

Section 4(2), ‘sections 244 to 248 of the Law applies’—
omit, insert—

sections 244 to 248 of the Law, and sections 19 and 19A of this Regulation, apply

6Insertion of new s 4A

After section 4—
insert—

4APrescribed operations requirements for driver fatigue

For the purposes of section 457 of the Law, the requirements of Division 2 of Part 6.3 of the Law are prescribed operations requirements.

7Replacement of Pt 2 (Maximum work requirements and minimum rest requirements)

Part 2—
omit, insert—

Part 2 Maximum work and minimum rest requirements

5Standard hours

(1)For the purposes of section 249 of the Law, the following standard hours are prescribed—

(a)for the solo driver of a fatigue-regulated heavy vehicle—the hours set out in Table 1 of Schedule 1;

(b)for the solo driver of a fatigue-regulated bus—the hours set out in either, but not both, Table 1 or Table 2 of Schedule 1;

(c)for the driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement—the hours set out in Table 3 of Schedule 1.

(2)For a period stated in column 1 of a Table in Schedule 1—

(a)column 2 of the Table states the maximum work time for the driver; and

(b)column 3 of the Table states the minimum rest time for the driver.

Note—

Column 3 refers to a block of time unless blocks of time are referred to. A night rest break is a block of time.

(3)A contravention of section 250(1) of the Law for a period stated in column 1 of Table 1 or Table 2 in Schedule 1 is a breach of the risk category stated in column 4 of the Table for the circumstance of the contravention.

(4)A contravention of section 251(1) of the Law for a period stated in column 1 of Table 3 in Schedule 1 is a breach of the risk category stated in column 4 of the Table for the circumstance of the contravention.

(5)If, apart from this subsection, the driver would commit a minor risk breach in relation to a total period stated in column 1 of a Table in Schedule 1 that is not more than 24 hours, the driver does not commit the minor risk breach if—

(a)the period the driver works in excess of the maximum work time stated in column 2 of the Table for the corresponding total period stated in column 1 of the Table is not more than 8 minutes; and

(b)the driver uses an electronic work diary to record the period the driver works that is mentioned in paragraph (a).

6Alternative compliance hours

(1)A contravention of section 254 of the Law is a breach of the following risk category—

(a)for a contravention, other than an escalated risk contravention, for a period stated in column 1 of Table 1 in Schedule 2—the risk category stated in column 2 of the Table for the circumstance of the contravention;

(b)for an escalated risk contravention for a period stated in column 1 of Table 3 in Schedule 2—the risk category stated in column 2 of the Table for the circumstance of the contravention.

(2)In this section—

escalated risk contravention means a contravention involving a driver, for a period stated in column 1 of Table 2 in Schedule 2—

(a)working for more than the maximum work time stated in column 2 of the Table for the period; or

(b)resting for less than the minimum rest time stated in column 3 of the Table for the period.

7Risk categories for contraventions of exemption hours

A contravention of section 260(1) of the Law for any period of exemption hours that is stated in column 1 of the Table in Schedule 5 is a breach of the risk category stated in column 2 of the Table for the circumstance of the contravention.

Part 2A Work and rest hours exemption (permits)

Note—

See also Part 3A of the Heavy Vehicle (General) National Regulation, which contains additional provisions relating to work and rest hours exemption (permits) and other exemption permits.

8Regulator’s power to grant work and rest hours exemption (permit)

(1)A work and rest hours exemption (permit) may be granted to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s fatigue alternative compliance accreditation.

(2)The Regulator may grant a work and rest hours exemption (permit)—

(a)in a way that does not cover all the drivers sought by the applicant; or

(b)setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant.

9Application for work and rest hours exemption (permit)

(1)The following persons may apply to the Regulator for a work and rest hours exemption (permit)—

(a)an employer of a driver of a fatigue-regulated heavy vehicle;

(b)a prime contractor of a driver of a fatigue-regulated heavy vehicle;

(c)an operator of a fatigue-regulated heavy vehicle;

(d)a self-employed driver of a fatigue-regulated heavy vehicle.

(2)The application must—

(a)be in the approved form; and

(b)state the following—

(i)the period for which the permit is sought;

(ii)any conditions for the permit sought by the applicant;

(iii)the name of the driver of a fatigue-regulated heavy vehicle to whom the permit is sought to apply, or details of the class of drivers of fatigue-regulated heavy vehicles to whom the permit is sought to apply;

(iv)the proposed maximum work times and minimum rest times that would be followed by drivers operating under the permit;

(v)if the proposed maximum work times and minimum rest times to apply under the permit could be accommodated within alternative compliance hours under a fatigue alternative compliance accreditation—

(A)the driver fatigue management practices that would be followed by the applicant and drivers operating under the permit; and

(B)how the practices would safely manage fatigue risks; and

(C)how the requirements applying to a fatigue alternative compliance accreditation with alternative compliance hours would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations.

(3)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.

10Restriction on grant of work and rest hours exemption (permit)

(1)The Regulator may grant a work and rest hours exemption (permit) only if the Regulator is satisfied—

(a)requiring the drivers to whom the permit is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by the applicant; and

(b)if the maximum work times and minimum rest times to apply under the permit could be accommodated within alternative compliance hours under an alternative compliance accreditation—the requirements applying to a fatigue alternative compliance accreditation with alternative compliance hours would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and

(c)the driver fatigue management practices that are to apply to drivers operating under the permit would, if followed, safely manage fatigue risks; and

(d)the drivers to whom the permit is to apply are likely to follow the practices consistently and effectively.

(2)In deciding whether or not to grant a work and rest hours exemption (permit), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions.

11Conditions of work and rest hours exemption (permit)

(1)If the Regulator grants a work and rest hours exemption (permit) to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s fatigue alternative compliance accreditation, it is a condition of the permit that the operator must comply with all the conditions of the operator’s fatigue alternative compliance accreditation.

(2)A work and rest hours exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example, conditions about—

(a)driver fatigue management practices that are to apply to drivers operating under the permit; and

(b)keeping records relating to the driver fatigue management practices.

12Permit for work and rest hours exemption (permit) etc.

(1)If the Regulator grants a work and rest hours exemption (permit) to a person, the Regulator must give the person—

(a)a work and rest hours exemption (permit); and

(b)if prescribed circumstances apply to the grant of the permit—an information notice for the prescribed circumstances.

(2)A work and rest hours exemption (permit) must state the following—

(a)the name of the person to whom the permit is given;

(b)the driver of a fatigue-regulated heavy vehicle, or class of drivers of fatigue-regulated heavy vehicles, to which the permit applies;

(c)the maximum work times and minimum rest times that apply to drivers operating under the permit;

(d)the conditions of the permit, including, if applicable, the condition mentioned in section 11(1);

(e)the period for which the permit applies.

(3)In this section—

prescribed circumstances, for a work and rest hours exemption (permit), means the Regulator has—

(a)imposed conditions on the permit under section 11(2); or

(b)granted the permit in a way that does not cover all the drivers sought by the applicant; or

(c)granted the permit setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant; or

(d)granted the permit for a period less than the period of not more than 3 years sought by the applicant.

12AImmediate suspension of work and rest hours exemption (permit)

(1)This section applies if the Regulator considers—

(a)a ground exists to cancel a work and rest hours exemption (permit); and

(b)it is necessary to suspend the permit immediately to prevent or minimise serious harm to public safety.

(2)The Regulator may, by notice (an immediate suspension notice) given to the person to whom the permit was given, immediately suspend the permit until the earliest of the following—

(a)the Regulator gives the holder an information notice under section 31E(5) of the Heavy Vehicle (General) National Regulation and the amendment or cancellation takes effect under section 31E(6) of that Regulation;

(b)the Regulator cancels the suspension;

(c)the end of 56 days after the day the immediate suspension notice is given to the person.

(3)This section applies despite sections 31D and 31E of the Heavy Vehicle (General) National Regulation.

12BKeeping copy of permit while driving

(1)The driver of a fatigue-regulated heavy vehicle who is driving the vehicle under a work and rest hours exemption (permit) must keep the permit or a copy of the permit in the driver’s possession.

Maximum penalty—$1500.

(2)Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.

Maximum penalty—$1500.

(3)In this section—

relevant party, for the driver of a fatigue-regulated heavy vehicle, means the following—

(a)an employer of the driver, if the driver is an employed driver;

(b)a prime contractor of the driver, if the driver is a self-employed driver;

(c)an operator of the vehicle, if the driver is making a journey for the operator.

8Insertion of new Pt 3, Div 1A

Part 3, before Division 1—
insert—

Division 1A Obtaining written work diary

12CForm of written work diary

(1)A written work diary must contain—

(a)a unique identifying number for the work diary; and

(b)sheets (daily sheets) that—

(i)provide for recording information daily; and

(ii)are sequentially numbered; and

(c)2 duplicates of each daily sheet; and

(d)a duplicate of any application form contained in the work diary under subsection (2); and

(e)instructions for use of the work diary.

(2)A written work diary may contain an application in the approved form for the issue of another work diary.

(3)Each daily sheet of a written work diary must be in a form that ensures that, if information is written on the daily sheet in the way stated in the instructions in the work diary or the Law, the information should be automatically copied onto the duplicates for the sheet.

12DApplication for written work diary

(1)The driver of a fatigue-regulated heavy vehicle may apply to the Regulator for a written work diary.

(2)The application must be—

(a)in the approved form; and

(b)accompanied by the prescribed fee for the application.

(3)If the application is for a written work diary to replace a written work diary that has been destroyed, lost or stolen, the application must—

(a)state the previous work diary’s number and that it has been destroyed, lost or stolen; and

(b)briefly outline the circumstances of the destruction, loss or theft.

12EIssue of written work diary

(1)The Regulator must issue a written work diary to the driver of a fatigue-regulated heavy vehicle if the driver—

(a)applies for the work diary under section 12D; and

(b)identifies the driver by showing the driver’s current driver licence to the Regulator.

(2)If the Regulator issues a written work diary to the driver of a fatigue-regulated heavy vehicle, the Regulator must note the date, time and place of issue on the written work diary.

(3)The Regulator may make other notes on the written work diary the Regulator considers appropriate.

12FCancelling unused daily sheets

(1)As soon as a driver is issued a replacement written work diary, the driver must cancel any unused daily sheets in the old work diary.

Maximum penalty—$3000.

(2)Subsection (1) does not apply if a driver is issued a written work diary to replace a destroyed, lost or stolen written work diary.

9Amendment of s 15 (Information to be recorded immediately after starting work)

(1)Section 15(1)(a), ‘day of the week and’—
omit.

(2)Section 15(1)(e)—
omit, insert—

(e)if the driver is not operating under standard hours—whether the driver is operating under alternative compliance hours or exemption hours; and

(3)Section 15(1)(g)—
omit.

(4)Section 15(1)(h), ‘AFM accreditation’, wherever appearing—
omit, insert—

alternative compliance accreditation

(5)Section 15(3), definition accreditation number, ‘for a BFM accreditation or AFM accreditation’, wherever appearing—
omit, insert—

for an alternative compliance accreditation

10Replacement of s 19 (Recording of total work time and total rest time had on a day)

Section 19—
omit, insert—

19Counting periods of less than 15 minutes—written work diaries

(1)This section applies if a driver uses a written work diary.

(2)Work time must be counted in 15 minute periods.

(3)A period of work time of less than 15 minutes counts as 15 minutes work time.

Examples for the purposes of subsection (3)—

1A period of working for 14 minutes counts as 15 minutes work time.

2A period of working for 17 minutes counts as 30 minutes work time.

3A period of working for 53 minutes counts as 1 hour work time.

(4)Rest time must be counted in blocks of time of no less than 15 minutes.

(5)A period of rest time of less than 15 minutes must be disregarded.

Examples for the purposes of subsection (5)—

1A period of not working for only 14 minutes does not count as rest time, because 14 minutes is less than 15 minutes.

2A period of not working for 17 minutes counts as 15 minutes rest time, because 17 minutes is more than 15 minutes but is less than 2 lots of 15 minutes (30 minutes).

19ACounting periods of less than 15 minutes—electronic work diaries

(1)This section applies if a driver uses an electronic work diary.

(2)Work time and rest time must be counted in 1 minute periods.

(3)A period of work time or rest time of less than 1 minute must not be counted.

(4)A period of rest time of less than 15 minutes does not count towards a minimum rest time.

Examples for the purposes of subsection (4)—

1A period of not working for 10 minutes does not count towards a minimum rest time because 10 minutes is less than 15 minutes.

2A period of not working on 3 separate occasions for 14 minutes, 24 minutes and 22 minutes does not count as 60 minutes rest time because the period of 14 minutes, being less than 15 minutes, is disregarded.

Note—

This section relates to calculating whether a driver has complied with maximum work requirements and minimum rest requirements applying to the driver. It does not matter if the technology used by an electronic work diary counts a period less than 1 minute mentioned in subsections (2) and (3) in the course of arriving at calculations that comply with the subsections.

11Replacement of Pt 3, Div 2 (How information must be recorded in a work diary)

Part 3, Division 2—
omit, insert—

Division 2 How information must be recorded in work diary

20Recording information in written work diary

(1)If the driver’s work diary is a written work diary, the driver must record information in the work diary in the following way—

(a)if, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate daily sheet in the work diary;

(b)information must be written on a daily sheet in the way stated in the instructions in the work diary for recording information on daily sheets;

(c)each daily sheet must be—

(i)signed and dated by the driver; and

(ii)if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement;

(d)information recorded other than on a daily sheet must be written in the work diary in the way stated in the instructions in the work diary for the recording of the information.

Maximum penalty—$1500.

(2)The driver must comply with subsection (1)(c)(i) in relation to a daily sheet for a day (the relevant day) before or at the time the earlier of the following happens—

(a)the first work and rest change the driver has on a day, after the relevant day, for which the driver has to record information;

(b)the driver is required to comply with section 322 or 341 of the Law in relation to records the driver is required to make or keep for the relevant day.

Note—

If the driver’s record keeper is a person other than the driver, section 322(2) of the Law requires a copy of recorded information to be given to the record keeper within 21 days. If the driver is the driver’s own record keeper, section 341(4) of the Law requires the record or a copy of the record to be available within 21 days at the driver’s record location.

20ARecording information in electronic work diary

If the driver’s work diary is an electronic work diary, the driver must record information in the work diary in a way complying with—

(a)if the Regulator has, when approving the electronic recording system constituting the work diary or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary—those conditions; and

(b)the manufacturer’s instructions, if any, for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a).

Maximum penalty—$1500.

Note—

The Regulator may impose conditions on the use of an electronic recording system under section 343 of the Law.

20BTime zone of driver’s base must be used

The driver must record time in the driver’s work diary according to the time zone in the place where the driver’s base is, rather than the time zone in the place where the driver is.

Maximum penalty—$1500.

Note—

See also section 248 of the Law, which requires that time periods be counted by reference to the time zone of a driver’s base when the driver’s journey involves travelling into a different time zone.

Division 3 Work diary exemption (permits)

Note—

See also Part 3A of the Heavy Vehicle (General) National Regulation, which contains additional provisions relating to work diary exemption (permits) and other exemption permits.

21Application for work diary exemption (permit)

(1)The driver of a fatigue-regulated heavy vehicle who is working under standard hours may apply to the Regulator for a work diary exemption (permit).

(2)The application must—

(a)be in the approved form; and

(b)state the following—

(i)the period for which the permit is sought;

(ii)any conditions for the permit sought by the applicant; and

(c)nominate a person (the nominee) to make written work records for the driver; and

(d)be accompanied by the nominee’s written agreement to the nomination.

(3)An employer of the driver of a fatigue-regulated heavy vehicle may make an application under subsection (1) on behalf of the driver.

(4)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.

21ARestriction on grant of work diary exemption (permit)

(1)The Regulator may grant a work diary exemption (permit) only if the Regulator is satisfied—

(a)the driver can not make records in the driver’s work diary because of the driver’s inadequate English literacy; and

(b)the nominee for the driver, included in the application for the permit under section 21(2)(c), will be able to make records that are no less complete or accurate than records made in accordance with—

(i)Division 2; and

(ii)Subdivisions 1, 2, 4 and 5 of Division 2 of Part 6.4 of the Law; and

(c)the driver works only under standard hours.

(2)In deciding whether or not to grant a work diary exemption (permit), the Regulator must have regard to the approved guidelines for granting work diary exemptions.

21BConditions of work diary exemption (permit)

(1)A work diary exemption (permit) is subject to the condition that the driver to whom the permit applies must carry out all work as a driver of fatigue-regulated heavy vehicles under standard hours only.

(2)A work diary exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example, conditions about—

(a)the information to be included in records about the work carried out by the driver of a fatigue-regulated heavy vehicle to whom the permit applies; and

(b)how the records are to be made.

21CPermit for work diary exemption (permit) etc.

(1)If the Regulator grants a work diary exemption (permit) to a person, the Regulator must give the person—

(a)a work diary exemption (permit); and

(b)if the Regulator has imposed conditions on the permit under section 21B(2) or has granted the permit for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the permit for the shorter period.

(2)A permit for a work diary exemption (permit) must state the following—

(a)the name of the driver of a fatigue-regulated heavy vehicle to whom the permit is given;

(b)the name of the person making written work records for the driver;

(c)the conditions of the permit;

(d)the period for which the permit applies.

21DKeeping copy of permit while operating

The driver of a fatigue-regulated heavy vehicle who is operating under a work diary exemption (permit) must keep the permit or a copy of the permit in the driver’s possession.

Maximum penalty—$3000.

Division 4 Miscellaneous

21ELost or stolen written work diaries

(1)This section applies if a lost or stolen written work diary (the old work diary) is found by or returned to the driver of a fatigue-regulated heavy vehicle after a replacement work diary has been issued to the driver.

(2)The driver must immediately cancel any unused daily sheets in the old work diary.

Maximum penalty—$3000.

(3)If the old work diary is found or returned within 28 days after it was lost or stolen, the driver must notify the Regulator in the approved form that it has been found or returned.

Maximum penalty—$3000.

12Insertion of new Part 3A

After Part 3—
insert—

Part 3A Fatigue record keeping exemption (permits)

Note—

See also Part 3A of the Heavy Vehicle (General) National Regulation, which contains additional provisions relating to fatigue record keeping exemption (permits) and other exemption permits.

21FRegulator’s power to grant fatigue record keeping exemption (permit)

(1)A fatigue record keeping exemption (permit) may be granted to the operator of a fatigue-regulated heavy vehicle in combination with the operator’s fatigue alternative compliance accreditation.

(2)The Regulator may grant a fatigue record keeping exemption (permit)—

(a)in a way that does not cover all the drivers sought by the applicant; or

(b)setting conditions different to the conditions sought by the applicant.

21GApplication for fatigue record keeping exemption (permit)

(1)The record keeper for a driver of a fatigue-regulated heavy vehicle may apply to the Regulator for a fatigue record keeping exemption (permit).

(2)The application must—

(a)be in the approved form; and

(b)state the following—

(i)the period for which the permit is sought;

(ii)any conditions for the permit sought by the applicant;

(iii)the name and details of each driver of a fatigue-regulated heavy vehicle to whom the permit is sought to apply.

(3)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.

(4)In deciding whether or not to grant a fatigue record keeping exemption (permit), the Regulator must have regard to the approved guidelines for granting fatigue record keeping exemptions.

21HConditions of fatigue record keeping exemption (permit)

A fatigue record keeping exemption (permit) may be subject to any conditions the Regulator considers appropriate, including, for example—

(a)a condition about the information to be included in records about the work carried out by drivers of fatigue-regulated heavy vehicles to whom the permit applies; and

(b)a condition about how the records are to be made; and

(c)a condition that a record keeper for the driver of a fatigue-regulated heavy vehicle who is operating under the permit must keep in the record keeper’s possession—

(i)the permit; or

(ii)a stated document or stated kind of document relating to the permit.

21IPermit for fatigue record keeping exemption (permit) etc.

(1)If the Regulator grants a fatigue record keeping exemption (permit) to a person, the Regulator must give the person—

(a)a fatigue record keeping exemption (permit); and

(b)if prescribed circumstances apply to the grant of the permit—an information notice for the prescribed circumstances.

(2)A fatigue record keeping exemption (permit) must state the following—

(a)the driver of a fatigue-regulated heavy vehicle to which the permit applies;

(b)the conditions of the permit;

(c)the period for which the permit applies.

(3)In this section—

prescribed circumstances, for a fatigue record keeping exemption (permit), means the Regulator has—

(a)imposed conditions on the permit under section 21H; or

(b)granted the permit for a period less than the period of not more than 3 years sought by the applicant.

21JImmediate suspension of fatigue record keeping exemption (permit)

(1)This section applies if the Regulator considers—

(a)a ground exists to cancel a fatigue record keeping exemption (permit); and

(b)it is necessary to suspend the permit immediately to prevent or minimise serious harm to public safety.

(2)The Regulator may, by notice (an immediate suspension notice) given to the person to whom the permit was given, immediately suspend the permit until the earliest of the following—

(a)the Regulator gives the holder an information notice under section 31E(5) of the Heavy Vehicle (General) National Regulation and the amendment or cancellation takes effect under section 31E(6) of that Regulation;

(b)the Regulator cancels the suspension;

(c)the end of 56 days after the day the immediate suspension notice is given to the person.

(3)This section applies despite sections 31D and 31E of the Heavy Vehicle (General) National Regulation.

13Amendment of s 22 (Multiple minimum rest time requirements)

(1)Section 22(1), ‘Schedule 1 or 2’—
omit, insert—

Schedule 1

(2)Section 22(4)—
omit, insert—

(4)An example of the operation of subsections (2) and (3) is in Schedule 3.

14Insertion of new s 26

After section 25—
insert—

26Approved sleeper berths

For the purposes of the definition of approved sleeper berth in section 221 of the Law, an approved sleeper berth is a sleeper berth that—

(a)complies with—

(i)for a fatigue-regulated bus—a standard approved by the Regulator; or

(ii)for another fatigue-regulated heavy vehicle—ADR 42; and

(b)is able to be used by the driver when resting.

15Insertion of new Pt 5

After section 26, as inserted by this Regulation—
insert—

Part 5 Reviewable decisions

27Reviewable decisions

(1)Each decision mentioned in Schedule 6 is a reviewable decision for Chapter 11 of the Law.

(2)The dissatisfied person for a reviewable decision mentioned in Schedule 6 is the person specified for the decision in paragraphs (a) to (g) of the definition of dissatisfied person in section 641(8) of the Law.

16Amendment of Sch 1 (Standard hours and risk categories for contraventions of standard hours)

(1)Schedule 1, heading, ‘of standard hours’—
omit.

(2)Schedule 1, authorising provision, ‘sections 5, 6 and 8’—
omit, insert—

section 5

17Replacement of Sch 2 (BFM hours and risk categories for contraventions of BFM hours)

Schedule 2—
omit, insert—

Schedule 2 Alternative compliance hours and risk categories for contraventions

section 6

Risk categories for contraventions—general

Table 1

Column 1 Total period	Column 2 Category of breach
	Circumstance of contravention relating to work time	Circumstance of contravention relating to rest time	Risk category
In any period of ...	If a driver has exceeded the maximum work time by ...	If a driver has had less than the minimum rest time by ...	...the following category of breach is committed...
Less than 7 days	≤ 45 minutes work time	≤ 45 minutes rest time	minor risk breach
	> 45 but ≤ 75 minutes work time	> 45 but ≤ 75 minutes rest time	substantial risk breach
	> 75 but ≤ 90 minutes work time	> 75 but ≤ 90 minutes rest time	severe risk breach
	> 90 minutes work time	> 90 minutes rest time	critical risk breach
28 days, if the period is 7 days or more	≤ 1½ hours work time		minor risk breach
	> 1½ but ≤ 2½ hours work time		substantial risk breach
	> 2½ but ≤ 3 hours work time		severe risk breach
	> 3 hours work time		critical risk breach

Thresholds for escalated risk contraventions

Table 2

Column 1 Total period	Column 2 Maximum work time	Column 3 Minimum rest time
In any period of ...	... a driver must not work for more than ...	... a driver must not rest for less than...
24 hours	15½ hours work time	7 continuous hours stationary rest time (or in the case of a driver who is a party to a two-up driving arrangement, 7 continuous hours of stationary rest time or rest time in an approved sleeper berth while the vehicle is moving)
14 days (336 hours)	154 hours work time	30 continuous hours stationary rest time that includes the periods 12am to 6am on a day and 12am to 6am on the following day, using the time zone of the driver’s base
28 days (672 hours)	288 hours work time

Risk categories for contraventions—escalated risk

Table 3

Column 1 Total period	Column 2 Category of breach
	Circumstance of contravention relating to work time	Circumstance of contravention relating to rest time	Risk category
In any period of ...	If a driver has exceeded the maximum work time by ...	If a driver has had less than the minimum rest time by ...	...the following category of breach is committed ...
Less than 7 days	≤ 15 minutes work time	≤ 15 minutes rest time	substantial risk breach
	> 15 minutes but ≤ 30 minutes work time	> 15 minutes but ≤ 30 minutes rest time	severe risk breach
	> 30 minutes work time	> 30 minutes rest time	critical risk breach
28 days, if the period is 7 days or more	≤ 30 minutes work time		substantial risk breach
	> 30 minutes but ≤ 1 hour work time		severe risk breach
	> 1 hour work time		critical risk breach

18Amendment of Schedule 3 (Examples of concurrent fulfilment of minimum rest time requirements)

(1)Schedule 3, heading, ‘Examples’—
omit, insert—

Example

(2)Schedule 3, example 1, heading, ‘Example 1’—
omit, insert—

Example

(3)Schedule 3, example 2—
omit.

19Omission of Sch 4 (Risk categories for contraventions of AFM hours)

Schedule 4—
omit.

20Amendment of Sch 5 (Risk categories for contraventions of exemption hours)

Schedule 5, authorising provision, ‘section 12’—
omit, insert—

section 7

21Insertion of new Sch 6

After Schedule 5—
insert—

Schedule 6 Reviewable decisions

section 27

Section under which decision made	Description of decision
section 11	decision of Regulator to impose on a work and rest hours exemption (permit) a condition not sought by the applicant
section 12A	decision of Regulator to immediately suspend a work and rest hours exemption (permit)
section 21B	decision of Regulator to impose on a work diary exemption (permit) a condition not sought by the applicant
section 21F	decision of Regulator to grant a fatigue record keeping exemption (permit) in a way that does not cover all the drivers sought by the applicant
section 21F	decision of Regulator to grant a fatigue record keeping exemption (permit) setting conditions different to the conditions sought by the applicant
section 21H	decision of Regulator to impose a condition on a fatigue record keeping exemption (permit)

22Regulation amended

This Part amends the Heavy Vehicle (General) National Regulation.

23Replacement of s 6 (Assessing application)

Section 6—
omit, insert—

6Assessing application

For the purposes of section 22(2) of the Law, in assessing an application for a PBS design approval, the Regulator must have regard to the following—

(a)the approved guidelines for granting PBS design approvals;

(b)the Standards and Vehicle Assessment Rules;

(c)the advice of the PBS Review Panel in relation to the application.

24Amendment of s 11 (Approval must state particular conditions for design for vehicle fitted with quad-axle group)

(1)Section 11(2)(f)—
omit, insert—

(f)the operator of the vehicle must have mass alternative compliance accreditation.

(2)Section 11(3), in alphabetical order—
insert—

mass alternative compliance accreditation has the meaning given by section 3 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.

25Replacement of s 15 (Assessing application)

Section 15—
omit, insert—

15Assessing application

For the purposes of section 23(2) of the Law, in assessing an application for a PBS vehicle approval, the Regulator must have regard to the following—

(a)the approved guidelines for granting PBS vehicle approvals;

(b)the Vehicle Certification Rules;

(c)the advice of the PBS Review Panel in relation to the application.

26Insertion of new s 18A

After section 18—
insert—

18AKeeping copy of PBS vehicle approval while driving

(1)The driver of a PBS vehicle must keep the PBS vehicle approval or a copy of the PBS vehicle approval in the driver’s possession while driving the PBS vehicle.

Maximum penalty—$3000.

(2)Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(3)In this section—

relevant party, for the driver of a PBS vehicle, means—

(a)an employer of the driver, if the driver is an employed driver; or

(b)a prime contractor of the driver, if the driver is a self-employed driver; or

(c)an operator of the vehicle, if the driver is making a journey for the operator.

27Omission of s 31 (Authorisation to approve modification)

Section 31—
omit.

28Insertion of new Part 3A

After Part 3—
insert—

Part 3A Provisions about exemption (permits) and authorisation (permits)

31Application of Pt 3A

This Part applies to the following permits—

(a)a class 2 heavy vehicle authorisation (permit);

(b)a fatigue record keeping exemption (permit);

(c)a mass or dimension exemption (permit);

(d)a vehicle standards exemption (permit);

(e)a work and rest hours exemption (permit);

(f)a work diary exemption (permit).

31ADefinition for Pt 3A

In this Part—

permit means a permit specified in section 31.

31BPeriod for which permit applies

(1)A permit applies for the period, not more than 3 years, stated in the permit.

(2)The period may be less than the period sought by the applicant.

31CRefusal of application for permit

If the Regulator refuses an application for a permit, the Regulator must give the applicant an information notice for the decision to refuse the application.

31DAmendment or cancellation of permit on application by permit holder

(1)The holder of a permit may apply to the Regulator for an amendment or cancellation of the permit.

(2)The application must—

(a)be in the approved form; and

(b)if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment.

(3)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.

(4)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.

(5)For a prescribed amendment—

(a)the Regulator must ask the relevant road managers, for the roads to which the amendment relates, for their consent to the amendment; and

(b)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.

(6)The Regulator must decide the application as soon as practicable after receiving it.

(7)If the Regulator decides to grant the application—

(a)the Regulator must give the applicant notice of the decision; and

(b)the amendment or cancellation takes effect—

(i)when notice of the decision is given to the applicant; or

(ii)if a later time is stated in the notice—at the later time.

(8)If the Regulator decides to grant an application to amend a permit, the Regulator must give the applicant a replacement permit.

(9)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.

(10)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.

(11)In this section—

equivalent vehicle, of another vehicle, means a vehicle that—

(a)is of the same category as the other vehicle; and

(b)has mass requirements that are no more than the mass requirements applying to the other vehicle; and

(c)has dimension requirements that are no more than the dimension requirements applying to the other vehicle; and

(d)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—

(a)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

(b)impose or amend road conditions or travel conditions.

31EAmendment or cancellation of permit on Regulator’s initiative

(1)Each of the following is a ground for amending or cancelling a permit—

(a)the permit was granted because of a document or representation that was—

(i)false or misleading; or

(ii)obtained or made in an improper way;

(b)the person to whom the permit is granted has contravened the Law or a corresponding fatigue law;

(c)for a class 2 heavy vehicle authorisation (permit) or mass or dimension exemption (permit)—

(i)the person to whom the permit is granted has contravened a condition of the permit; or

(ii)the use of heavy vehicles on a road under the permit has caused, or is likely to cause, a significant risk to public safety;

(d)for a work and rest hours exemption (permit) or a fatigue record keeping exemption (permit)—a driver of a fatigue-regulated heavy vehicle to whom the permit applies has contravened the Law or a corresponding fatigue law;

(e)for a work diary exemption (permit)—the person making written work records for the driver has contravened a condition of the permit;

(f)for a vehicle standards exemption (permit)—the use of a heavy vehicle on a road under the permit has caused, or is likely to cause, a significant safety risk;

(g)since the permit was granted, there has been a change in the circumstances that were relevant to the Regulator’s decision to grant the permit and, had the changed circumstances existed when the permit was granted, the Regulator—

(i)would not have granted the permit; or

(ii)would have granted the permit subject to conditions or different conditions.

(2)Subsection (1)(b) and (g) do not apply to—

(a)a class 2 heavy vehicle authorisation (permit); or

(b)a mass or dimension exemption (permit).

(3)If the Regulator considers a ground exists to amend or cancel a permit (the proposed action), the Regulator must give the holder of the permit a notice—

(a)stating the proposed action; and

(b)stating the ground for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the ground; and

(d)if the proposed action is to amend the permit, including a condition of the permit—stating the proposed amendment; and

(e)inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.

(4)If, after considering all written representations made under subsection (3)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—

(a)if the proposed action was to amend the permit—amend the permit, including, for example, by imposing additional conditions on the permit, in a way that is not substantially different from the proposed action; or

(b)if the proposed action was to cancel the permit—

(i)amend the permit, including, for example, by imposing additional conditions on the permit; or

(ii)cancel the permit.

(5)The Regulator must give the holder an information notice for the decision.

(6)The amendment or cancellation takes effect—

(a)when the information notice is given to the holder; or

(b)if a later time is stated in the information notice—at the later time.

31FMinor amendment of permit

(1)The Regulator may, by notice given to the holder of a permit, amend the permit in a minor respect—

(a)for a formal or clerical reason; or

(b)in another way that does not adversely affect the holder’s interests.

(2)The Regulator must give notice of an amendment to a class 2 heavy vehicle authorisation (permit) or mass or dimension exemption (permit) to the relevant road manager—

(a)if the permit is amended for a formal or clerical reason—within 28 days after the permit is amended; or

(b)if the permit is amended in another way—as soon as practicable, but no later than 7 days, after the permit is amended.

29Amendment of s 44, hdg (Definitions for Pt 5)

Section 44, heading, ‘Pt 5’—
omit, insert—

Pt 6

30Amendment of s 46 (Modifications generally applicable to applied Acts)

Section 46(3), ‘and (c)’—
omit.

31Amendment of s 49 (Modifications generally)

Section 49(3), from ‘, except’ to ‘made’—
omit.

32Amendment of s 50 (Modifications of particular provisions)

(1)Section 50(2)—
omit, insert—

(2)Sections 2, 18(2) and (4) and 192 and Schedule 2 do not apply.

(2)Section 50(3), (5) and (6)—
omit.

(3)Section 50(10)—
omit, insert—

(10)Section 194 is taken to require a report on the operation of the applied Act to be included in the annual report on the operation of the IP Act prepared for tabling in the Legislative Assembly of Queensland by—

(a)for an annual report for a financial year ending before 1 July 2026—the Minister administering that Act; or

(b)for an annual report for a financial year ending after 1 July 2026—the information commissioner.

(4)Section 50(12), ‘Minister,’ to ‘information’—
omit, insert—

Minister

33Replacement of Pt 6, Div 3, hdg (Public Records Act 2002 (Queensland))

Part 6, Division 3, heading—
omit, insert—

Division 3 Public Records Act 2023 (Queensland)

34Amendment of s 51 (Application)

Section 51, ‘Public Records Act 2002 (Queensland)’—
omit, insert—

Public Records Act 2023 (Queensland)

35Amendment of s 52 (Queensland entities to perform functions for participating jurisdictions)

(1)Section 52(2)—
omit, insert—

(2)For the purposes of subsection (1), a reasonable charge imposed under section 25(3) or 41(7)(b) of the PR Act applies for the applied Act.

(2)Section 52(3), definition PR Act functions, ‘Part 3 or 4’—
omit, insert—

Part 4 or 5

36Amendment of s 53 (Modifications)

(1)Section 53(2)—
omit, insert—

(2)Sections 2, 9(1)(a), 11(4), 17, 70(b), and 82(2)(a) do not apply.

(2)Section 53(3), ‘section 8(4)’—
omit, insert—

section 16

(3)Section 53(4), ‘the executive officer’—
omit, insert—

the chief executive

(4)Section 53, after subsection (6)—
insert—

(6A)In the definition public authority in section 8, a reference to any entity is taken to be a reference to that entity of a participating jurisdiction.

Note—

This definition has a limited application because of section 53(3).

(5)Section 53(7), ‘Section 9(2)(a)’—
omit, insert—

Section 13(2)(a)

(6)Section 53(8), ‘Section 56’—
omit, insert—

Section 89

(7)Section 53, after subsection (8)—
insert—

(8A)In section 92, the definition repealed Act is taken to mean the repealed Public Records Act 2002 as applied for the purposes of the Law.

(8)Section 53(9)—
omit, insert—

(9)In Schedule 3, the definitions Assistant Minister, court, Ministerial record and responsible public authority do not apply.

(9)Section 53(10)(a), ‘Part 3’—
omit, insert—

Part 4

(10)Section 53(10)(b)—
omit, insert—

(b)in section 13(2), a reference to the State is a reference to the Crown in right of Queensland.

(11)Section 53(10)(c)—
omit.

37Amendment of s 56 (Modifications generally)

(1)Section 56(3)(b)—
omit.

(2)Section 56(3)(c), ‘sections 30 and 38’—
omit, insert—

sections 30, 38, 78H and 78L

38Amendment of s 57 (Modifications of particular provisions)

(1)Section 57(2), ‘21(4),’—
omit.

(2)Section 57(4), ‘section 24’—
omit, insert—

sections 24 and 78E

(3)Section 57(10)—
omit, insert—

(10)Section 185 is taken to require a report on the operation of the applied Act to be included in the annual report on the operation of the RTI Act prepared for tabling in the Legislative Assembly of Queensland by—

(a)for an annual report for a financial year ending before 1 July 2026—the Minister administering that Act; or

(b)for an annual report for a financial year ending after 1 July 2026—the information commissioner.

(4)Section 57(12), ‘sections 4A and 4B do not apply’—
omit, insert—

section 4B does not apply

(5)Section 57(14), ‘Schedule 6’—
omit, insert—

Schedule 5

(6)Section 57(15)(b)—
omit, insert—

(b)in Parts 1 to 5 of Chapter 4 and in sections 184 and 189 a reference to an entity related to Parliament is a reference to an entity of the Parliament of Queensland; and

(c)in Parts 1 to 5 of Chapter 4—

(i)a reference to the Minister is a reference to the Minister administering the RTI Act; and

(ii)a reference to the Governor, Governor in Council or the Premier is a reference to those entities of Queensland.

39Replacement of Pt 6A (Miscellaneous provision)

Part 6A—
omit, insert—

Part 6A Reviewable decisions

57AReviewable decisions

(1)Each decision mentioned in Schedule 2 is a reviewable decision for Chapter 11 of the Law.

(2)The dissatisfied person for a reviewable decision mentioned in Schedule 2 is the person specified for the decision in paragraphs (a) to (g) of the definition of dissatisfied person in section 641(8) of the Law.

40Insertion of new ss 73 and 74

After section 72—
insert—

73Meaning of fatigue-regulated heavy vehicle

For the purposes of section 7(1)(a) and (b) and (3)(a) of the Law, a GVM of 12t is prescribed.

74Qualification of authorised officers

For the purposes of section 481(1)(d) of the Law, the classes are—

(a)individuals whose services are used by a participating jurisdiction under an arrangement entered into with the employer of the individuals; and

(b)individuals who are consultants or contractors engaged by a participating jurisdiction.

41Replacement of Sch 1 (Fees)

Schedule 1—
omit, insert—

Schedule 1 Fees

section 71

	Application	Amount
		$
1	An application for general safety accreditation by an operator of a heavy vehicle under section 459(1) of the Law	84.00
2	An application to add a vehicle to or change a vehicle currently nominated under a general safety accreditation by an operator of a heavy vehicle, per vehicle	31.00
3	An application for fatigue alternative compliance accreditation by an operator of a heavy vehicle under section 459(1) of the Law	127.00
4	An application for mass alternative compliance accreditation by an operator of a heavy vehicle under section 459(1) of the Law	84.00
5	An application to add a vehicle to or change a vehicle currently nominated under a mass alternative compliance accreditation by an operator of a heavy vehicle, per vehicle	31.00
6	An application for a written work diary under section 12D of the Heavy Vehicle (Fatigue Management) National Regulation by a driver of a fatigue-regulated heavy vehicle	25.00
7	An application for an HML permit under section 21 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation	70.00
8	An application for a mass or dimension exemption (permit) under section 38B of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation	70.00
9	An application for a class 2 heavy vehicle authorisation (permit) under section 38B of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation	70.00

Schedule 2 Reviewable decisions

section 57A

Section under which decision made	Description of decision
section 31B	decision of Regulator to grant a vehicle standards exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 31B	decision of Regulator to grant a mass or dimension exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 31B	decision of Regulator to grant a class 2 heavy vehicle authorisation (permit) for a period less than the period of not more than 3 years sought by the applicant
section 31B	decision of Regulator to grant a work and rest hours exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 31B	decision of Regulator to grant a work diary exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 31B	decision of Regulator to grant a fatigue record keeping exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 31D	decision of Regulator not to make a decision sought in an application for the amendment or cancellation of a vehicle standards exemption (permit)
section 31D	decision of Regulator not to make a decision sought in an application for the amendment of a mass or dimension authority granted by giving a person a permit
section 31D	decision of Regulator not to make a decision sought in an application for the amendment or cancellation of a work and rest hours exemption (permit)
section 31D	decision of Regulator not to make a decision sought in an application for the amendment or cancellation of a work diary exemption (permit)
section 31D	decision of Regulator not to make a decision sought in an application for the amendment or cancellation of a fatigue record keeping exemption (permit)
section 31E	decision of Regulator to amend or cancel a vehicle standards exemption (permit)
section 31E	decision of Regulator to amend or cancel a mass or dimension authority granted by giving a person a permit, other than at the request of a relevant road manager
section 31E	decision of Regulator to amend or cancel a work and rest hours exemption (permit)
section 31E	decision of Regulator to amend or cancel a work diary exemption (permit)
section 31E	decision of Regulator to amend or cancel a fatigue record keeping exemption (permit)

42Regulation amended

This Part amends the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.

43Amendment of s 3 (Definitions)

(1)Section 3, definitions CML heavy vehicle, concessional mass limits, Euro VI vehicle (complying steer axle), Euro VI vehicle (single steer axle), Euro VI vehicle (twinsteer) and one tonne tri-axle mass transfer allowance—
omit.

(2)Section 3, in alphabetical order—
insert—

Euro VI vehicle (complying steer axle)—

(a)means a heavy motor vehicle with a single steer axle that—

(i)has an engine complying with the requirements about emission control contained in ADR 80/04 or a later version of ADR 80; and

(ii)has a front underrun protection device that complies with ADR 84, unless ADR 84 provides otherwise; and

(iii)has a cabin that complies with UN ECE Regulation No. 29; and

(iv)has appropriately rated tyres, axle and suspension for the mass limit on the steer axle as stated by the vehicle’s manufacturer; and

(v)has a GVM of 15t or more; but

(b)does not include a bus.

Euro VI vehicle (single steer axle)—

(a)means a heavy motor vehicle with a single steer axle, other than a complying steer axle vehicle, that—

(i)has an engine complying with the requirements about emission control contained in ADR 80/04 or a later version of ADR 80; and

(ii)has appropriately rated tyres, axle and suspension for the mass limit on the steer axle as stated by the vehicle’s manufacturer; but

(b)does not include a bus.

Euro VI vehicle (twinsteer)—

(a)means a heavy motor vehicle with a twinsteer axle group that—

(i)has an engine complying with the requirements about emission control contained in ADR 80/04 or a later version of ADR 80; and

(ii)has a load-sharing suspension system for the axle group; and

(iii)has appropriately rated tyres, axles and suspension for the mass limit on the axle group as stated by the vehicle’s manufacturer; but

(b)does not include a bus.

mass alternative compliance accreditation means an alternative compliance accreditation granted in relation to the prescribed operations requirements specified in section 5H.

(3)Section 3, definition complying steer axle vehicle, paragraph (b), ‘–Front Underrun Impact Protection’—
omit.

44Insertion of new ss 5C–5I

After section 5B—
insert—

5CClass 2 heavy vehicles

(1)For the purposes of the definition of class 2 heavy vehicle in section 136 of the Law, the requirements are that—

(a)the heavy vehicle—

(i)complies with the prescribed mass requirements and prescribed dimension requirements applying to it; and

(ii)is—

(A)a B-double; or

(B)a road train; or

(C)a bus, other than an articulated bus, that is longer than 12.5m; or

(D)a combination designed and built to carry vehicles on more than 1 deck that, together with its load, is longer than 20m or higher than 4.3m; or

(E)a motor vehicle, or a combination, that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or

(b)the heavy vehicle is a PBS vehicle other than a specified PBS vehicle.

(2)In this section—

specified PBS vehicle means a PBS vehicle that—

(a)is not a bus; and

(b)is not longer than 20m; and

(c)is the subject of a current PBS vehicle approval at performance level 1; and

(d)complies with the PBS vehicle approval; and

(e)complies with the general mass limits for the vehicle, regardless of whether the PBS vehicle approval authorises a higher mass limit.

Note—

General mass limits for a vehicle may be included in prescribed mass requirements under section 95 of the Law.

5DRestricted access vehicles

For the purposes of the definition of restricted access vehicle in section 153A(2) of the Law, the requirements are that the heavy vehicle, together with its load, is—

(a)higher than 4.3m; or

(b)wider than 2.5m; or

(c)longer than—

(i)if a single vehicle other than an articulated bus—12.5m; or

(ii)if an articulated bus—18m; or

(iii)if a combination—20m.

5ESafer freight combination

For the purposes of the definition of safer freight combination in section 153A(2) of the Law, the requirements are that the combination—

(a)includes a safer freight vehicle, together with its load, that is the only component vehicle wider than 2.5m; and

(b)is not higher than 4.3m; and

(c)is not longer than 20m.

5FSpecified semitrailer

For the purposes of the definition of specified semitrailer in section 153A(2) of the Law, the requirements are that—

(a)the semitrailer is not a PBS vehicle; and

(b)the semitrailer has an air suspension system with effective dampers fitted; and

(c)the semitrailer has a deck height not higher than 1.2m for at least 50% of its deck length; and

(d)if the semitrailer is in a combination—the combination—

(i)consists only of—

(A)a prime mover towing a single semitrailer attached to the prime mover by a fifth wheel coupling; or

(B)a B-double; or

(C)a B-triple; and

(ii)has a mass not more than 90% of the prescribed mass requirement for the combination.

5GTwinsteer axle groups

(1)The requirements imposed by this section are prescribed for the purposes of the definition of twinsteer axle group in section 5 of the Law.

(2)The group of 2 axles must—

(a)have single tyres; and

(b)be fitted to a motor vehicle; and

(c)be connected to the same steering mechanism.

(3)The horizontal distance between the centre-line of the 2 axles must be at least 1m but not more than 2.5m.

5HPrescribed operations requirements for mass

For the purposes of section 457 of the Law, the general mass limits applying under section 95(2)(c) of the Law are prescribed operations requirements.

5IMass alternative compliance accreditation

For the purposes of section 461(6)(a)(ii) of the Law, the mass limits allowed under mass alternative compliance accreditation must comply with the limits specified in Schedule 5.

Note—

Mass limits allowed under mass alternative compliance accreditation apply to a person only when the person operating under the accreditation is eligible for and complies with the requirements in Schedule 5 for higher mass limits.

45Amendment of s 7 (Mass exceptions)

(1)Section 7(1)(a) and (d)—
omit.

(2)Section 7(1), note, ‘Schedules 2’—
omit, insert—

Schedules 4

46Amendment of s 16 (Contravening conditions applying to HML heavy vehicles being used in an area or on a route declared by an HML declaration)

Section 16(2), penalty, ‘$3000’—
omit, insert—

$4000

47Amendment of s 28 (Contravening conditions of HML permit)

Section 28, penalty, ‘$3000’—
omit, insert—

$4000

48Amendment of s 34 (Return of HML permit)

Section 34(2), penalty, ‘$4000’—
omit, insert—

$1500

49Amendment of s 35 (Replacement of defaced etc. HML permit)

Section 35(1), penalty, ‘$4000’—
omit, insert—

$1500

50Insertion of new ss 37A and 37B

After section 37—
insert—

37AWarning signals required for rear projection of loads

(1)This section applies if—

(a)a load projects more than 1.2m behind a heavy vehicle consisting of only a motor vehicle; or

(b)a load projects more than 1.2m behind either the towing vehicle or a trailer in a heavy combination; or

(c)a load projects from a pole-type trailer in a heavy combination; or

(d)a load projects from a heavy vehicle in a way that it would not be readily visible to a person following immediately behind the vehicle.

(2)A person must not use the heavy vehicle, or permit the heavy vehicle to be used, on a road unless—

(a)during the daytime—a brightly coloured red, red and yellow, or yellow flag at least 300mm by 300mm is fixed to the extreme back of the load; or

(b)at night—a light showing a clear red light to the back, visible at a distance of at least 200m, is fixed to the extreme back of the load.

Maximum penalty—$3000.

37BDisplaying warning signs on vehicles if not required by dimension exemption

(1)A heavy vehicle warning sign must not be displayed on a heavy vehicle unless the heavy vehicle is being used under a dimension exemption.

Maximum penalty—$3000.

(2)A pilot vehicle warning sign must not be displayed on a vehicle unless the vehicle is being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption.

Maximum penalty—$3000.

(3)In this section—

dimension exemption means an exemption under Part 4.5 of the Law from compliance with a dimension requirement.

heavy vehicle warning sign means a warning sign required to be attached to a heavy vehicle under Schedule 8.

pilot vehicle warning sign means a warning sign required to be attached to a vehicle being used as a pilot vehicle for a heavy vehicle under Schedule 8.

51Insertion of new Pt 4A

After section 38—
insert—

Part 4A Class 2 heavy vehicle authorisation (permits) and mass or dimension exemption permits

Note—

See also Part 3A of the Heavy Vehicle (General) National Regulation, which contains additional provisions relating to class 2 heavy vehicle authorisation (permits), mass or dimension exemption (permits) and other exemption (permits).

38AApplication of Pt 4A

(1)This Part applies to—

(a)a class 2 heavy vehicle authorisation (permit); and

(b)a mass or dimension exemption (permit).

(2)In this Part—

permit means a permit specified in subsection (1)(a) or (b).

38BApplication for permit

(1)A person may apply to the Regulator for a permit.

(2)The application must be—

(a)in the approved form; and

(b)accompanied by the prescribed fee for the application.

(3)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.

38CRestriction on grant of class 2 heavy vehicle authorisation (permit)

(1)The Regulator may grant a class 2 heavy vehicle authorisation (permit) for a class 2 heavy vehicle only if—

(a)the Regulator is satisfied the use of the class 2 heavy vehicle on a road under the permit will not pose a significant risk to public safety; and

(b)each relevant road manager for the permit has consented to the grant; and

(c)the Regulator is satisfied all other consents required for the permit under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given.

(2)In deciding whether to grant a class 2 heavy vehicle authorisation (permit), the Regulator must have regard to the approved guidelines for granting class 2 heavy vehicle authorisations.

38DRestriction on grant of mass or dimension exemption (permit)

(1)This section applies to a class 1 heavy vehicle or class 3 heavy vehicle that includes 2 or more prime movers or 2 or more hauling units.

(2)The Regulator may grant a mass or dimension exemption (permit) that exempts the heavy vehicle from compliance with a mass requirement relating to the GCM of the individual prime movers or hauling units if the total GCM of the prime movers or hauling units complies with the mass requirement relating to the GCM of the combined prime movers or hauling units.

38EConditions of class 2 heavy vehicle authorisation (permits)

(1)A class 2 heavy vehicle authorisation (permit) must be subject to the road conditions or travel conditions required by a relevant road manager for the permit under section 160 or 161 of the Law.

(2)A class 2 heavy vehicle authorisation (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example—

(a)conditions about 1 or more matters mentioned in Schedule 2 of the Law; and

(b)without limiting paragraph (a), intelligent access program conditions.

38FConditions of mass or dimension exemption (permits)

(1)A mass or dimension exemption (permit) must—

(a)include a condition about the areas or routes to which the permit applies; and

(b)be subject to the road conditions or travel conditions required by a relevant road manager for the permit under section 160 or 161 of the Law.

(2)A mass or dimension exemption (permit) is also subject to conditions applying to the permit under section 39.

(3)A mass or dimension exemption (permit) may be subject to any other conditions the Regulator considers appropriate, including, for example—

(a)conditions about 1 or more matters mentioned in Schedule 2 of the Law; and

(b)without limiting paragraph (a), intelligent access program conditions.

38GGranting of permits

(1)If the Regulator grants a permit to a person, the Regulator must give the person—

(a)a permit; and

(b)a notice stating the review and appeal information for any of the following decisions that are reviewable decisions—

(i)the Regulator’s decision to grant the permit for a period or impose a condition on the permit;

(ii)a relevant road manager’s decision to consent to the grant of the permit subject to a condition that a road condition or travel condition be imposed on the permit.

(2)A permit for a class 2 heavy vehicle authorisation (permit) must state the following—

(a)the name of the person to whom the permit is given;

(b)if the permit applies to particular categories of class 2 heavy vehicles—the categories of heavy vehicles to which the permit applies;

(c)the areas or routes to which the permit applies;

(d)the days and hours to which the permit applies;

(e)the road conditions or travel conditions required by a relevant road manager for the permit under section 160 or 161 of the Law;

(f)any other conditions applying to a class 2 heavy vehicle being used on a road under the permit;

(g)the period for which the permit applies.

(3)A permit for a mass or dimension exemption (permit) must state the following—

(a)the name of the person to whom the permit is given;

(b)a description of each heavy vehicle to which the permit applies, including the registration number of the vehicle if it is registered;

(c)the mass requirement or dimension requirement to which the permit applies;

(d)the areas or routes to which the permit applies;

(e)the road conditions or travel conditions required by a relevant road manager for the permit under section 160 or 161 of the Law;

(f)the other conditions of the permit;

(g)the period for which the permit applies.

38HAmendment or cancellation on request by relevant road manager

(1)This section applies if a relevant road manager for a permit is satisfied the use of heavy vehicles on a road under the permit—

(a)has caused, or is likely to cause, damage to road infrastructure; or

(b)has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines for granting class 2 heavy vehicle authorisations or mass or dimension exemptions; or

(c)has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.

(2)The road manager may ask the Regulator to—

(a)amend the permit, including, for example, by—

(i)amending the areas or routes to which the permit applies; or

(ii)amending the days or hours to which the permit applies; or

(iii)imposing or amending road conditions or travel conditions; or

(b)cancel the permit.

(3)The Regulator must comply with the request.

(4)However, if consent to the grant of the permit was given by a road authority under section 163 of the Law—

(a)the Regulator may refer the request to the road authority; and

(b)if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and

(c)if the road authority does not give written approval of the request within 28 days after the referral is made, the Regulator—

(i)must not comply with the request; and

(ii)must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.

(5)If the permit is amended or cancelled under this section, the Regulator must give the holder of the permit notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.

(6)The notice given to the holder must state—

(a)the day the amendment or cancellation is to take effect; and

(b)the reasons given by the road manager for the amendment or cancellation; and

(c)the review and appeal information for the road manager’s decision.

38IImmediate suspension of permit

(1)This section applies if the Regulator considers it is necessary to suspend a permit immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.

(2)The Regulator may, by notice (an immediate suspension notice) given to the person to whom the permit was given, immediately suspend the permit until the earliest of the following—

(a)the Regulator gives the person a notice under section 38H(5) of this Regulation or an information notice under section 31E(5) of the Heavy Vehicle (General) National Regulation and the amendment or cancellation takes effect;

(b)the Regulator cancels the suspension;

(c)the end of 56 days after the day the immediate suspension notice is given to the person.

(3)This section applies despite—

(a)section 38H of this Regulation; and

(b)sections 31D and 31E of the Heavy Vehicle (General) National Regulation.

38JKeeping copy of permit while driving

(1)The driver of a heavy vehicle who is driving the vehicle under a permit must keep the permit or a copy of the permit in the driver’s possession.

Maximum penalty—$3000.

(2)Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(3)In this section—

relevant party, for the driver of a heavy vehicle, means—

(a)an employer of the driver, if the driver is an employed driver; or

(b)a prime contractor of the driver, if the driver is a self-employed driver; or

(c)an operator of the vehicle, if the driver is making a journey for the operator.

52Amendment of Sch 1, s 2 (Mass limits for a single vehicle or combination)

(1)Schedule 1, section 2(1), ‘lower of the following masses’—
omit, insert—

lowest of the following masses

(2)Schedule 1, section 2(1)(a)(iv), ‘43t’—
omit, insert—

44t

(3)Schedule 1, section 2(1)(a)(iva) and (ivb)—
omit, insert—

(iva)for a Euro VI vehicle (complying steer axle) that is neither a B-double nor a road train—44.5t;

(ivb)for a Euro VI vehicle (single steer axle) that is neither a B-double nor a road train—44t;

(4)Schedule 1, section 2(1)(a)(ivc), ‘47t’—
omit, insert—

48t

(5)Schedule 1, section 2(1)(a)(v), ‘46.5t’—
omit, insert—

47.5t

(6)Schedule 1, section 2(1)(a)(vi), ‘42.5t’—
omit, insert—

43.5t

(7)Schedule 1, section 2(1)(b), ‘combination.’—
omit, insert—

combination;

(8)Schedule 1, after section 2(1)(b)—
insert—

(c)for a single vehicle or combination that is not a bus—

(i)if the reduced mass amount for the vehicle or combination is 55t or less—1t more than the reduced mass amount for the vehicle or combination; or

(ii)if the reduced mass amount for the vehicle or combination is more than 55t—2t more than the reduced mass amount for the vehicle or combination.

(9)Schedule 1, after section 2(1)—
insert—

(1A)For the purposes of subsection (1)(c), the reduced mass amount, for a heavy vehicle or combination, is the amount calculated by subtracting the sum of the mass deduction amounts stated in the Table in Part 3 in relation to each axle group of the vehicle or combination from the mass of the vehicle or combination determined under subsection (1)(b).

(10)Schedule 1, section 2(4A)—
omit, insert—

(4A)In a combination—

(a)the mass on the axle group or single axle of a tag trailer must not be an amount that is more than 30% greater than the sum of the mass on all of the axles of the towing vehicle; and

(b)the minimum mass on the steer axle or twinsteer axle group of the vehicle that is towing the tag trailer must be the greater of the following—

(i)the mass that is 20% of the sum of the mass limits applying to all of the axle groups and single axles of the towing vehicle;

(ii)the minimum mass limit for a steer axle or twinsteer axle group for the vehicle when towing, derived from the rating set for the steer axle or twinsteer axle group by the vehicle’s manufacturer.

53Amendment of Sch 1, s 5 (Mass limits relating to axle spacing generally)

(1)Schedule 1, section 5(2)(c), ‘a B-double that is’—
omit.

(2)Schedule 1, section 5(3)—
omit, insert—

(3)The mass of a road train relating to an axle spacing of the road train must not be more than—

(a)for a Euro VI vehicle (complying steer axle) for which the steer axle is used to calculate the axle spacing—the table 4 limit increased by 0.5t; or

(b)for a Euro VI vehicle (twinsteer) for which the twinsteer axle group is used to calculate the axle spacing—the table 4 limit increased by 0.5t; or

(c)otherwise—the table 4 limit.

(3)Schedule 1, after section 5(5)—
insert—

(5A)However, for a heavy vehicle that is not a bus, the sum of the mass on each axle group or single axle within the vehicle’s axle spacing must not be more than—

(a)if the reduced mass amount for the vehicle is 55t or less—1t more than the mass limits imposed on the vehicle by subsections (1) to (3); or

(b)if the reduced mass amount for the vehicle is more than 55t—2t more than the mass limits imposed on the vehicle by subsections (1) to (3).

(5B)For the purposes of subsection (5A), the reduced mass amount, for a heavy vehicle or combination, is the amount calculated by subtracting the sum of the mass deduction amounts stated in the Table in Part 3 in relation to each axle group of the vehicle or combination from the sum of the mass on each axle group or single axle within the vehicle’s axle spacing.

54Amendment of Sch 1, Pt 2 (Axle Tables)

(1)Schedule 1, Part 2, Table 1, first and second columns, single axles and single axle groups, provision starting, ‘Steer axles on—’, paragraph (bc)—
omit, insert—

(bc)  Euro VI vehicle (complying steer axle) fitted with tyres with section widths of—
(i)  at least 295mm but less than 315mm	6.5
(ii)  at least 315mm	7.0

(2)Schedule 1, Part 2, Table 1, first and second columns, tandem axle group, provision starting ‘Tandem axle group fitted with single tyres with section widths of—’, paragraphs (a) to (c)—
omit, insert—

(a)  less than 375mm	11.5
(b)  at least 375mm but less than 450mm	13.8
(c)  at least 450mm	14.5

(3)Schedule 1, Part 2, Table 1, second column, tandem axle group, provision starting ‘Tandem axle group fitted with single tyres on 1 axle and dual tyres on the other axle on—’, paragraph (b), ‘13.0’—
omit, insert—

13.5

(4)Schedule 1, Part 2, Table 1, second column, tandem axle group, provision starting ‘Tandem axle group fitted with dual tyres on—’, paragraph (b), ‘16.5’—
omit, insert—

17.0

(5)Schedule 1, Part 2, Table 1, first column, twinsteer axle groups, provision starting, ‘Euro VI vehicle (twinsteer)’—
omit, insert—

Euro VI vehicle (twinsteer) fitted with tyres with section widths of at least 275mm

(6)Schedule 1, Part 2, Table 1, second column, tri-axle groups, provision starting ‘Tri-axle group on a vehicle fitted with—’, paragraphs (a) and (b), ‘15.0’—
omit, insert—

15.5

(7)Schedule 1, Part 2, Table 1, second column, tri-axle groups, provision starting ‘Tri-axle group on a vehicle other than a pig trailer fitted with—’, paragraphs (a) to (c), ‘20.0’—
omit, insert—

21.0

(8)Schedule 1, Part 2, Table 1, entries for quad-axle groups—
omit, insert—

Quad-axle groups
Quad-axle group fitted with single tyres with section widths of less than 375mm	15.5
Quad-axle group fitted with single tyres with section widths of at least 375mm or dual tyres	21.0

(9)Schedule 1, Part 2, Table 1, entries for axle groups of 5 or more—
omit, insert—

Axle groups of 5 or more
Rear group of 5 or more axles on a low loader fitted with single tyres with section widths of less than 375mm	15.5
Any other rear group of 5 or more axles on a low loader	21.0

55Insertion of new Sch 1, Pt 3

After Schedule 1, Part 2—
insert—

Part 3 Axle Mass Deduction Table

Table—Axle mass deduction

Description of axle group	Mass deduction (t)
Tandem axle group
Tandem axle group fitted with single tyres with section widths of—
(a)  less than 375mm	0.5
(b)  at least 375mm but less than 450mm	0.5
(c)  at least 450mm	0.5
Tandem axle group fitted with single tyres on 1 axle and dual tyres on the other axle on a motor vehicle other than a bus	0.5
Tandem axle group fitted with dual tyres on a vehicle other than a pig trailer	0.5
Tri-axle groups
Tri-axle group on a vehicle fitted with— (a)  single tyres with section widths of less than 375mm on all axles; or (b)  single tyres with section widths of less than 375mm on some axles and dual tyres on the other axles	0.5
Tri-axle group on a vehicle other than a pig trailer fitted with— (a)  single tyres with section widths of at least 375mm on all axles; or (b)  dual tyres on all axles; or (c)  single tyres with section widths of at least 375mm on some axles and dual tyres on the other axles	1.0
Quad-axle groups
Quad-axle group fitted with single tyres with section widths of less than 375mm	0.5
Quad-axle group fitted with single tyres with section widths of at least 375mm or dual tyres	1.0
Axle groups of 5 or more
Rear group of 5 or more axles on a low loader fitted with single tyres with section widths of less than 375mm	0.5
Any other rear group of 5 or more axles on a low loader	1.0

56Omission of Sch 2 (Concessional mass limits)

Schedule 2—
omit.

57Amendment of Sch 5, s 1 (Application of higher mass limits to single axle or axle group)

(1)Schedule 5, section 1(3)(b), ‘16.5t’—
omit, insert—

17t

(2)Schedule 5, section 1(3)(c), ‘13t’—
omit, insert—

13.5t

(3)Schedule 5, section 1(3)(d), ‘20t’—
omit, insert—

21t

(4)Schedule 5, section 1(5)(c), ‘mass management accreditation’—
omit, insert—

mass alternative compliance accreditation

58Amendment of Sch 5, s 2 (Higher mass limits)

(1)Schedule 5, section 2(3)—
omit, insert—

(3)The mass of the vehicle must not be more than the lower of the following masses—

(a)either—

(i)for a vehicle mentioned in section 2(1)(a)(iv) to (vi) of Schedule 1—the mass stated for the vehicle in section 2(1)(a) of Schedule 1 decreased by 1t; or

(ii)for another vehicle mentioned in section 2(1)(a) of Schedule 1—the mass stated for the vehicle in section 2(1)(a) of Schedule 1;

(b)the mass determined by applying section 2(1)(b) of Schedule 1 with the amount stated for the single axle or axle group in Table 1 of Part 2 of Schedule 1 changed to the mass exception amount.

(2)Schedule 5, section 2(5)—
omit, insert—

(5)Subject to subsection (5A), the mass relating to the axle spacing must not be more than the mass determined by applying section 5 of Schedule 1 increased by the sum of the following mass amounts for each axle or axle group within the vehicle’s axle spacing—

(a)for a single-drive axle on a bus—1t;

(b)for a tandem axle group other than a 6-tyred tandem axle group—0.5t;

(c)for a 6-tyred tandem axle group—1t;

(d)for a tri-axle group—2.5t.

(5A)For the purposes of determining the mass relating to the axle spacing in subsection (5), section 5(5A) of Schedule 1 does not apply.

59Omission of Sch 5A (One tonne tri-axle mass transfer allowance)

Schedule 5A—
omit.

60Amendment of Sch 5B (Euro VI vehicle mass transfer allowance)

(1)Schedule 5B, section 1(2), ‘subsections (4) and (5)’—
omit, insert—

subsections (4) to (5)

(2)Schedule 5B, section 1(3), ‘concessional mass limits or’—
omit.

(3)Schedule 5B, section 1(3), note, ‘section 3 of Schedule 2 and’—
omit.

(4)Schedule 5B, section 1, after subsection (4)—
insert—

(4A)Also, subject to subsection (4B), the mass on the drive axle of an eligible vehicle may be increased by up to 0.5t if there is a corresponding decrease in the mass on the vehicle’s steer axle or twinsteer axle group consisting of the total of—

(a)the amount that is the difference in mass between the manufacturer’s mass limit on the vehicle’s steer axle or twinsteer axle group and the general mass limit for the steer axle or twinsteer axle group in Table 1 of Part 2 of Schedule 1; and

(b)any additional amount by which the mass on the vehicle’s steer axle or twinsteer axle group is decreased.

(4B)The Euro VI vehicle mass transfer allowance applies to an eligible vehicle under subsection (4A) only if—

(a)the vehicle—

(i)for a Euro VI vehicle (complying steer axle)—is fitted with tyres with section widths of at least 315mm; or

(ii)for a Euro VI vehicle (twinsteer)—complies with tyre section width requirements stated for the vehicle in Table 1 of Part 2 of Schedule 1; or

(iii)is a Euro VI vehicle (single steer axle); and

(b)the manufacturer’s mass limit on the vehicle’s steer axle or twinsteer axle group is less than the general mass limit stated for the steer axle or twinsteer axle group in Table 1 of Part 2 of Schedule 1; and

(c)an increase of mass on the vehicle’s drive axle does not result in a breach of the general mass limit mentioned in paragraph (b).

(4C)Despite subsection (4), a Euro VI vehicle (complying steer axle) does not need an adjustment in the mass on the vehicle’s steer axle and the Euro VI vehicle mass transfer allowance is taken to apply to the vehicle if—

(a)the vehicle’s steer axle is fitted with tyres with section widths of at least 295mm but less than 315mm; and

(b)an increase of mass on the vehicle’s drive axle does not result in a breach of the general mass limit stated for the vehicle’s steer axle in Table 1 of Part 2 of Schedule 1.

(5)Schedule 5B, section 1(5), ‘subsection (4)’—
omit, insert—

subsections (4) to (4C)

(6)Schedule 5B, section 1(5)(a)(i) and (d)(i)—
omit.

(7)Schedule 5B, section 1(5)(c), ‘a decrease’—
omit, insert—

other than for an eligible vehicle to which subsection (4C) applies—a decrease

(8)Schedule 5B, section 1(5), after paragraph (c)—
insert—

(ca)for a vehicle that is fitted with a drive axle that is a tri-axle group—the mass on the drive axle being more than 21t; or

61Amendment of Sch 6, s 3 (Length—combination or single vehicle)

(1)Schedule 6, section 3(1)(a)—
omit, insert—

(a)for a combination other than a B-double, road train or a combination with 2 decks for carrying vehicles—

(i)if the combination includes a heavy trailer that is not fitted with a braking system that complies with subsection (3B)—19m; or

(ii)otherwise—20m; or

(2)Schedule 6, section 3(3)(b)(i), from ‘regulation’ to ‘Protection’—
omit, insert—

UN ECE Regulation No. 93 or ADR 84

(3)Schedule 6, section 3(3)(b)(ii), from ‘regulation’ to ‘Agreement’—
omit, insert—

UN ECE Regulation No. 29

(4)Schedule 6, after section 3(3A)—
insert—

(3B)A heavy trailer, being used in a combination that is longer than 19m but not more than 20m, must be fitted with a braking system that—

(a)complies with the requirements of ADR 38/05 or a later version of ADR 38; and

(b)is powered by the towing vehicle.

(5)Schedule 6, section 3(4), definition UNECE Agreement—
omit.

(6)Schedule 6, section 3(4), in alphabetical order—
insert—

heavy trailer means a heavy trailer within the meaning of ADR (Definitions and Vehicle Categories).

62Amendment of Sch 6, s 4 (Length—trailers)

(1)Schedule 6, section 4(2)—
omit, insert—

(2)On a semitrailer, dog trailer or tag trailer—

(a)the distance from the front articulation point to the rear overhang line must not be more than—

(i)for a prescribed semitrailer—the maximum distance stated in the Table in Part 4 of Schedule 6 that applies in relation to the wheelbase of the prime mover; or

(ii)otherwise—9.5m; and

(b)the distance from the front articulation point to the rear of the trailer must not be more than—

(i)for a prescribed semitrailer—14.5m; or

(ii)otherwise—12.3m.

(2)Schedule 6, after section 4(2)—
insert—

(2A)For the purposes of subsection (2), a semitrailer is a prescribed semitrailer if—

(a)the trailer is being—

(i)towed by a prime mover; and

(ii)used in a combination that is not a B-double or road train; and

(b)either—

(i)the combination is longer than 19m but not more than 20m; or

(ii)the distance from the front articulation point to the rear overhang line of the trailer is more than—

(A)for a trailer designed and constructed for the positive control of temperature through the use of refrigerated equipment and which otherwise complies dimensionally—9.9m; or

(B)otherwise—9.5m.

(3)Schedule 6, section 4(4), example, ‘subsections (1) to’—
omit, insert—

subsections (2)(a)(ii), (b)(ii) and

(4)Schedule 6, after section 4(5)—
insert—

(5A)If a semitrailer has a front articulation point to the rear overhang line of more than 9.5m, the trailer must be fitted with side underrun protection complying with ADR106/00 or a later version of ADR106.

(5)Schedule 6, section 4(9), ‘subsection (2)(b)’—
omit, insert—

subsection (2)(b)(ii)

(6)Schedule 6, section 4(10), ‘subsection (2)(b)’—
omit, insert—

subsection (2)(b)(ii)

63Amendment of Sch 6, s 5 (Length—rear overhang)

(1)Schedule 6, after section 5(1)—
insert—

(1A)However, subsection (1B) applies in relation to a semitrailer being towed by a prime mover if—

(a)the combination is longer than 19m but not more than 20m; and

(b)the distance from the front articulation point to the rear overhang line of the trailer is more than—

(i)for a trailer designed and constructed for the positive control of temperature through the use of refrigerated equipment and which otherwise complies dimensionally—9.9m; or

(ii)otherwise—9.5m; and

(c)the distance from the front articulation point to the rear overhang line of the trailer complies with the maximum distance stated in the Table in Part 4 of Schedule 6 in relation to the wheelbase of the prime mover.

(1B)Despite subsection (1), the rear overhang of the semitrailer must not be more than the lesser of the following—

(a)4m;

(b)the length that is 60% of the distance between the trailer’s front articulation point and its rear overhang line.

(2)Schedule 6, section 5(2), ‘subsection (1)(a)’—
omit, insert—

subsections (1)(a) and (1B)

64Amendment of Sch 6, s 12 (In relation to rear of load)

Schedule 6, section 12(1), example, ‘section 109 of the Law’—
omit, insert—

this Regulation

65Insertion of new Sch 6, Pt 4

Schedule 6, after Part 3—
insert—

Part 4 Trailer Length Table

Table—Maximum distance for semitrailer from front articulation point to rear overhang line in relation to wheelbase of prime mover

Wheelbase (m)		Maximum distance (m)
at least	less than
3.5	4.1	10.5
4.1	4.3	10.4
4.3	4.4	10.3
4.4	4.6	10.2
4.6	4.8	10.1
4.8	4.9	10.0
4.9	5.1	9.9
5.1	5.2	9.8
5.2	5.4	9.7
5.4	5.5	9.6
5.5	5.6	9.5
5.6	5.8	9.4
5.8	5.9	9.3
5.9	6.0	9.2
6.0	6.2	9.1
6.2	6.3	9.0
6.3	6.4	8.9
6.4	6.5	8.8
6.5	6.6	8.7
6.6	–	8.6

66Amendment of Sch 10 (Reviewable decisions)

Schedule 10, Part 1, table, at the end—
insert—

section 38E	decision of Regulator to impose on a class 2 heavy vehicle authorisation (permit) a condition not sought by the applicant and not a road condition or travel condition required by a relevant road manager for the permit
section 38F	decision of Regulator to impose on a mass or dimension exemption (permit) a condition not sought by the applicant and not a road condition or travel condition required by a relevant road manager for the permit
section 38H	decision of a relevant road manager for a mass or dimension exemption (permit), that is a public authority, to request the amendment or cancellation of the permit
section 38I	decision of Regulator to immediately suspend a mass or dimension authority granted by giving a person a permit

67Regulation amended

This Part amends the Heavy Vehicle (Vehicle Standards) National Regulation.

68Amendment of s 3 (Prescription of vehicle standards)

Section 3(1), after ‘standards’—
insert—

, for the purposes of section 59 of the Law,

69Insertion of new s 3A

After section 3—
insert—

3ACircumstances in which compliance with vehicle standards not required

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

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

(a)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; and

Note—

The paragraph does not operate to exempt a person from complying with the requirements of a vehicle defect notice applying to the vehicle.

(b)does not have any goods in it; and

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

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

(a)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

(b)does not have any passengers in it; and

(c)does not have any goods in it, unless—

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

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

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

(4)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.

(5)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—

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

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

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

(6)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.

70Insertion of new s 11A

After section 11—
insert—

11AIncorrect use of warning signs

(1)This section applies if, under this Regulation, a warning sign is required to be displayed on a heavy vehicle of a particular type, size or configuration.

(2)A person must not use, or permit to be used, on a road a heavy vehicle that has the warning sign displayed on it unless the vehicle is of the particular type, size or configuration.

Maximum penalty—$3000.

(3)In this section—

warning sign means a sign indicating that the vehicle to which it is attached is of a particular type, size or configuration.

71Omission of s 12 (Modifications)

Section 12—
omit.

72Insertion of new Pts 3–6

After Part 2—
insert—

Part 3 Vehicle standards exemption (permits)

Note—

See also Part 3A of the Heavy Vehicle (General) National Regulation, which contains additional provisions relating to vehicle standards exemption (permits) and other exemption permits.

12Application for vehicle standards exemption (permit)

(1)A person may apply to the Regulator for a vehicle standards exemption (permit).

(2)The application must be in the approved form.

(3)The Regulator may, by notice given to the applicant for a vehicle standards exemption (permit), require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.

13Restriction on grant of vehicle standards exemption (permit)

(1)The Regulator may grant a vehicle standards exemption (permit) for a heavy vehicle only if—

(a)1 of the following applies—

(i)the Regulator is satisfied complying with the heavy vehicle standard to which the permit is to apply would prevent the heavy vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified;

(ii)the Regulator is satisfied the heavy vehicle is an experimental vehicle, prototype or similar vehicle that could not reasonably be expected to comply with the heavy vehicle standard to which the permit is to apply;

(iii)the heavy vehicle, immediately before the relevant commencement date, was not required to comply with a similar standard at that time and was—

(A)registered under an Australian road law of a participating jurisdiction; or

(B)operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of a participating jurisdiction; and

(b)the Regulator is satisfied the use of the heavy vehicle on a road under the permit will not pose a significant safety risk.

(2)In deciding whether to grant a vehicle standards exemption (permit), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.

(3)In this section—

former section 70 means section 70 of the Law as in force immediately before the commencement of the Heavy Vehicle National Law Amendment Act 2025 (Queensland).

relevant commencement date means the date on which former section 70 of the Law commenced in a participating jurisdiction.

14Conditions of vehicle standards exemption (permit)

A vehicle standards exemption (permit) may be subject to any conditions the Regulator considers appropriate, including, for example, a condition about protecting road infrastructure from damage.

15Permit for vehicle standards exemption (permit) etc.

(1)If the Regulator grants a vehicle standards exemption (permit) to a person, the Regulator must give the person—

(a)a vehicle standards exemption (permit); and

(b)if the Regulator’s decision to grant the permit for a period or impose a condition on the permit is a reviewable decision—a notice stating the review and appeal information for the decision.

(2)A permit for a vehicle standards exemption (permit) must state the following—

(a)the name of the person to whom the permit is given;

(b)each heavy vehicle to which the permit applies, including the registration number of the vehicle if known when the permit is given;

(c)the heavy vehicle standard to which the permit applies;

(d)the conditions of the permit;

(e)the period for which the permit applies.

16Immediate suspension on Regulator’s initiative

(1)This section applies if the Regulator considers it is necessary to suspend a vehicle standards exemption (permit) immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.

(2)The Regulator may, by notice (an immediate suspension notice) given to the person to whom the permit was given, immediately suspend the permit until the earliest of the following—

(a)the Regulator gives the person an information notice under section 31E(5) of the Heavy Vehicle (General) National Regulation and the amendment or cancellation takes effect under section 31E(6) of that Regulation;

(b)the Regulator cancels the suspension;

(c)the end of 56 days after the day the immediate suspension notice is given to the person.

(3)This section applies despite sections 31D and 31E of the Heavy Vehicle (General) National Regulation.

17Keeping copy of permit while driving

(1)The driver of a heavy vehicle who is driving the vehicle under a vehicle standards exemption (permit) must keep the permit or a copy of the permit in the driver’s possession.

Maximum penalty—$3000.

(2)Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(3)In this section—

relevant party, for the driver of a heavy vehicle, means—

(a)an employer of the driver, if the driver is an employed driver; or

(b)a prime contractor of the driver, if the driver is a self-employed driver; or

(c)an operator of the vehicle, if the driver is making a journey for the operator.

Part 4 Modifying heavy vehicles

18Modifying heavy vehicle requires approval

(1)A person must not modify a heavy vehicle unless the modification has been approved by—

(a)the Regulator under section 19; or

(b)an approved vehicle examiner under section 20.

Maximum penalty—$3000.

(2)A person must not use, or permit to be used, on a road a heavy vehicle that has been modified unless the modification has been approved by—

(a)the Regulator under section 19; or

(b)an approved vehicle examiner under section 20.

Maximum penalty—$3000.

(3)This section does not apply to a modification that—

(a)is of a type that does not require approval according to the NHVR Code of Practice for the Approval of Heavy Vehicle Modifications; and

(b)complies with the NHVR Code of Practice for the Approval of Heavy Vehicle Modifications.

(4)A modification is taken to have been approved by an approved vehicle examiner under section 20 if—

(a)the modification has been authorised, approved or permitted under an Australian road law of a non-participating jurisdiction; and

(b)a modification plate or label is fitted or affixed to a conspicuous part of the vehicle; and

(c)the modification plate or label indicates that the modification complies with the NHVR Code of Practice for the Approval of Heavy Vehicle Modifications.

(5)In this section—

modification plate or label means a plate or label that is stamped, engraved or marked so as to display information that relates to a modification.

non-participating jurisdiction has the meaning given by section 221 of the Law.

19Approval of modification by Regulator

(1)The Regulator may approve a modification of a heavy vehicle if the Regulator is satisfied—

(a)the use on a road of the modified vehicle will not pose a significant safety risk; and

(b)as to either or both of the following, as relevant—

(i)the modified vehicle will comply with the applicable vehicle standards in Schedule 1 and Part 8 of Schedule 2, except as provided by subparagraph (ii);

(ii)the Regulator has exempted the modified vehicle from a standard referred to in subparagraph (i) and the Regulator is satisfied the modified vehicle complies with the requirements of the exemption.

(2)This section applies whether or not the modification complies with the NHVR Code of Practice for the Approval of Heavy Vehicle Modifications.

20Approval of modification by approved vehicle examiners

An approved vehicle examiner may approve a modification of a heavy vehicle only if the modification complies with the NHVR Code of Practice for the Approval of Heavy Vehicle Modifications.

21Requirements for approved modified heavy vehicles

(1)If the Regulator or an approved vehicle examiner approves a modification of a heavy vehicle under this Part, the Regulator or examiner must—

(a)give a certificate approving the modification, in the approved form, to—

(i)the registered operator of the vehicle; or

(ii)if there is no registered operator of the vehicle—an owner of the vehicle; and

(b)ensure a plate or label that complies with subsection (2) is fitted or affixed to a conspicuous part of the vehicle.

Maximum penalty—$3000.

(2)For the purposes of subsection (1)(b), a plate or label complies with this subsection if—

(a)it is of a type approved by the Regulator; and

(b)it is stamped, engraved or marked so as to display information approved by the Regulator that relates to the modification.

22Person must not tamper with plate or label

(1)A person must not tamper with a plate or label fitted or affixed to a heavy vehicle under section 21.

Maximum penalty—$3000.

(2)In a proceeding for an offence against subsection (1), it is a defence for the person to prove that the tampering was done with the written approval of the Regulator.

(3)In this section—

tamper means alter, damage, remove or otherwise interfere with.

Part 5 Miscellaneous

23Restriction on grant of vehicle standards exemption (notice)

(1)For the purposes of section 62(1)(a) of the Law, the prescribed circumstances are that 1 of the following applies—

(a)the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent heavy vehicles of that category from operating in the way in which, or for the purpose for which, the vehicles were built or modified;

(b)the Regulator is satisfied heavy vehicles of that category are experimental vehicles, prototypes or similar vehicles that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;

(c)the exemption has been requested by a road authority for a participating jurisdiction for the use of heavy vehicles of that category in that jurisdiction;

(d)the category of heavy vehicles consists of heavy vehicles that, immediately before the relevant commencement date, were not required to comply with a similar standard at that time and were—

(i)registered under an Australian road law of a participating jurisdiction and not required to comply with a similar standard at that time; or

(ii)operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of a participating jurisdiction.

(2)In this section—

relevant commencement date means the date on which section 62 of the Law commenced in a participating jurisdiction.

Part 6 Reviewable decisions

24Reviewable decisions

(1)Each decision mentioned in Schedule 4 is a reviewable decision for Chapter 11 of the Law.

(2)The dissatisfied person for a reviewable decision mentioned in Schedule 4 is the person specified for the decision in paragraphs (a) to (g) of the definition of dissatisfied person in section 641(8) of the Law.

73Insertion of new Sch 4

After Schedule 3—
insert—

Schedule 4 Reviewable decisions

section 24

Section under which decision made	Description of decision
section 14	decision of Regulator to impose on a vehicle standards exemption (permit) a condition not sought by the applicant
section 16	decision of Regulator to immediately suspend a vehicle standards exemption (permit)