Heavy Vehicle (General) National Regulation - …

1 Heavy Vehicle ( general ) National RegulationSubordinate Legislation 2013 No. 79made under theHeavy Vehicle National Law as applied by the Heavy Vehicle National Law Act 2012 (Qld) and by the law of States and TerritoriesContentsPagePart 1 Preliminary1 Short title ..52 Commencement ..5 Part 2 PBS provisionsDivision 1 Preliminary3 Definitions for Pt 2 ..5 Division 2 PBS design approvals4 Application for PBS design approval ..65 Review by PBS Review Panel ..76 Assessing application ..77 Deciding application ..78 Approval noncompliance with infrastructure standard ..79 Approval noncompliance that poses no additional risk ..810 PBS design approval ..911 Approval must state particular conditions for design for Vehicle fitted with quad-axle group.

2 1012 Refusal of application for PBS design approval ..12 Division 3 PBS Vehicle approvals13 Application for PBS Vehicle approval ..12 ContentsHeavy Vehicle ( general ) National Regulation Page 22013 SL No. 7914 Additional requirement for particular applications ..1215 Assessing application ..1316 Deciding application ..1317 PBS Vehicle approval ..1318 Refusal of application for PBS Vehicle approval ..13 Division 4 Cancelling or modifying approvals19 Application for cancellation or modification of approval ..1420 Review by PBS Review Panel of application to modify ..1421 Requirements for deciding application ..1522 Grounds for cancellation or modification on Regulator s initiative1523 Procedure for cancellation or modification on Regulator s initiative16 Division 5 PBS assessors and PBS Vehicle certifiers24 Appointment and monitoring of PBS assessors under Assessor Accreditation Rules.

3 1725 Appointment of PBS Vehicle certifiers under Vehicle Certification Rules..1826 Requirement to consult with PBS Review Panel ..1927 Auditing PBS Vehicle certifiers ..19 Division 6 Miscellaneous28 Vehicle standards exemptions for PBS vehicles ..19 Part 3 Approved Vehicle examiners29 Definitions for Pt 3 ..2030 Approval of an approved Vehicle examiner..2131 Authorisation to approve modification ..23 Part 4 Enforcement32 Seizure of number plates ..2333 Return of seized things or samples ..2334 Application to Registrar of Personal Property Securities ..2435 Application of proceeds of disposal ..25 Part 5 Annual report provisions36 Application ..2537 Definitions for Pt 5 ..2538 Australian Accounting Standards and Australian Auditing Standards 2639 Auditor.

4 2640 Application of Auditor- general Act ..2741 Production of authorisation..27 ContentsHeavy Vehicle ( general ) National Regulation 2013 SL No. 79 Page 342 Annual report to include performance assurance report ..2743 Auditor not subject to direction ..28 Part 6 Oversight of Regulator and BoardDivision 1 Preliminary44 Definitions for Pt 5 ..2845 Enforcement jurisdiction for applied Acts ..2946 Modifications generally applicable to applied Acts ..29 Division 2 Information Privacy Act 2009 (Queensland)47 Application ..3048 Queensland entities to perform functions and exercise jurisdiction for participating jurisdictions ..3049 Modifications generally ..3150 Modifications of particular provisions ..31 Division 3 Public Records Act 2002 (Queensland)51 Application.

5 3352 Queensland entities to perform functions for participating jurisdictions..3353 Modifications ..34 Division 4 Right to Information Act 2009 (Queensland)54 Application ..3555 Queensland entities to perform functions and exercise jurisdiction for participating jurisdictions ..3656 Modifications generally ..3657 Modifications of particular provisions ..37 Part 7 Savings and transitional provisionsDivision 1 Preliminary58 Application of Pt 7 ..3959 Definitions for Pt 7 ..39 Division 2 General60 Expedited procedure for road manager s consent for renewal of mass or dimension authority ..4061 Accreditations not granted under former legislation ..4062 Approved Vehicle examiner transitional provision..4163 Continuation of use of existing work diary.

6 41 Division 3 PBS provisions64 Continuation of existing design approvals ..4265 Continuation of final PRP approvals ..42 ContentsHeavy Vehicle ( general ) National Regulation Page 42013 SL No. 7966 Extent to which continuation of current PBS scheme affected ..42 Division 4 Replacement of particular exemptions and authorisations67 Application of Div 4..4268 Definitions for Div 4 ..4369 Replacement ..43 Part 8 Other provisions70 Increase of penalty amounts ..4571 Fees ..46 Schedule 1 Fees ..47 [s 1] Heavy Vehicle ( general ) National RegulationPart 1 Preliminary2013 SL No. 79 Page 5 Part 1 Preliminary1 Short titleThis Regulation may be cited as the Heavy Vehicle ( general ) National CommencementA provision of this Regulation commences in a participatingjurisdiction on the day on which the provision of the Law forthe purposes of which the provision is made commences inthat In this Regulation , a reference to the Law is a reference to the HeavyVehicle National Law.

7 See section 12(2) of Schedule 1 of the HeavyVehicle National 2 PBS provisionsDivision 1 Preliminary3 Definitions for Pt 2In this Part Assessor Accreditation Rules means the AssessorAccreditation Rules (July 2007) made by the NationalTransport Commission, as amended from time to for Determining National Operating Conditionsmeans the Guidelines for Determining National OperatingConditions (July 2007) made by the National TransportCommission, as amended from time to time. [s 4] Heavy Vehicle ( general ) National RegulationPart 2 PBS provisionsPage 62013 SL No. 79infrastructure standard has the meaning given by rule 22 ofthe Standards and Vehicle Assessment condition means an operating condition madeunder the Guidelines for Determining National assessor means a PBS assessor accredited under Part 2,Division Vehicle certifier means a PBS Vehicle certifier accreditedunder Part 2, Division testing requirement see section 10(2).

8 Standards and Vehicle Assessment Rules means theStandards and Vehicle Assessment Rules as at 10 November2008 made by the National Transport Commission, asamended from time to Certification Rules means the Vehicle CertificationRules (July 2007) made by the National TransportCommission, as amended from time to 2 PBS design approvals4 Application for PBS design approval(1)An application for a PBS design approval made under section22 of the Law must be (a)in the approved form; and(b)accompanied by (i)an assessment of the design the subject of theapplication, carried out by a PBS assessor; and(ii) the prescribed fee for the application.(2)The Regulator may, by notice given to the applicant for thePBS design approval, require the applicant to give theRegulator any additional information the Regulatorreasonably requires to decide the application.

9 [s 5] Heavy Vehicle ( general ) National RegulationPart 2 PBS provisions2013 SL No. 79 Page 7 Example of additional information The Regulator may ask the applicant to obtain additional parametersensitivity analyses conducted by a PBS assessor in relation to Review by PBS Review Panel(1)Before approving or rejecting an application for PBS designapproval, the Regulator must give a copy of the application tothe PBS Review Panel.(2)The PBS Review Panel must, as soon as practicable afterreceiving the application (a)review the application having regard to (i)any approved guidelines relevant to the grant ofPBS design approvals; and(ii) the Standards and Vehicle Assessment Rules; and(iii) any operating conditions relevant to theapplication; and(b)advise and make recommendations to the Regulatorabout the matters mentioned in paragraph (a).

10 6 Assessing applicationFor the purposes of section 22(2)(b) of the Law, the Standardsand Vehicle Assessment Rules are Deciding applicationThe Regulator must decide an application for a PBS designapproval as soon as practicable after receiving the PBSR eview Panel s advice and recommendations under section Approval noncompliance with infrastructure standard(1)This section applies in relation to an application for a PBSdesign approval if the Regulator considers it is likely that aheavy Vehicle built to the design the subject of the application [s 9] Heavy Vehicle ( general ) National RegulationPart 2 PBS provisionsPage 82013 SL No. 79will not comply with the Standards and Vehicle AssessmentRules only because it will not comply with 1 or moreinfrastructure standards.