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Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law)

Regulations 2013S.R. No. 150/2013

TABLE OF PROVISIONS

Regulation Page

PART 1—PRELIMINARY 1

1 Objective 12 Authorising provision 13 Commencement 2

PART 2—ROAD SAFETY (VEHICLES) REGULATIONS 2009 3

Division 1—Amendments to Chapter 1 3

4 Objectives 35 Definitions 36 Corporation may declare matters for the purposes of

Regulations 57 Interpretation—retractable axles 58 Approved forms, notices etc. 5


9 Installation of operations plates and the modification of vehicles 6

10 Inspection of vehicles 611 Conditional registration 612 Period of registration 613 Affixing number plate 614 Offence 715 Return of number plates 716 Application of certain fees 817 Use of unregistered vehicle with trade plates by prospective

purchaser 8

1


18 Heading amended 819 New Part 4.0 inserted 8

PART 4.0—PRELIMINARY MATTERS 8

157K Non-application to heavy vehicles 820 Regulations revoked 821 Maximum heights 922 Maximum length for motor vehicles 923 Regulation 170 substituted 9

170 Trailer drawbar lengths 924 Offence to use on a highway a vehicle that does not comply

with a relevant dimension limit 925 Offence to use on a highway a vehicle that does not comply

with regulation 173 1026 Regulation 176 substituted 10

176 Dimension limits do not apply to certain class O vehicles 10


27 Heading to Chapter 5 substituted 1028 Heading to Part 5.1 substituted 1129 Regulation 177 substituted 11

177 Class O vehicle 1130 Heading to Division 2 of Part 5.1 substituted 1131 Regulation 178 substituted 11

178 Exemption from Schedule 7 by class O notice 1132 Contents of class O notices 1233 Heading to Division 3 of Part 5.1 substituted 1234 Exemption from Schedule 7 by class 1 permit 1235 Contents of class 1 permits 1336 Offence to fail to comply with a relevant requirement of

Schedule 7 1337 Regulation 183, 184, 185 and 186 amended 1338 Parts 5.2 and 5.3 revoked 14


39 Heading to Chapter 7 substituted 1440 New regulation 234A inserted 14

234A Non-application to heavy vehicles 14


41 New regulation 244A inserted 14244A Non-application to heavy vehicles 14

42 Towing offences 1443 Use of vehicles not complying with standards 15

44 Other use of vehicle offences 1545 Keeping documents 1546 Transitional provision for class 1 notices 15

278 Notices and permits following Heavy Vehicle National Law (Victoria) 15

Division 7—Amendments to Schedule 2 16

47 Note to Schedule 2 amended 1648 Vehicle standards 1649 Object of vehicle standards 1650 Definitions 1651 Diagrams 1752 Non-application of Vehicle Standards to ADR-compliant

matters 1753 Note to Part 3 of Schedule 2 1754 What is an adopted standard? 1855 Steering 1856 Mudguards and spray suppression 1857 Electrical wiring, components connections and installations 1958 Windscreens and windows 1959 Windscreen wipers and washers 1960 Pneumatic tyres—carcass construction 1961 Tyres for use on vehicles with GVM over 45 tonnes 1962 Schedule 2 amended 2063 Other lights and reflectors 2064 Rear marking plates 2165 Braking systems 2166 Parts of a braking system 2167 Supply of air or vacuum to brakes 2168 Air or vacuum brakes on motor vehicles 2269 Additional brake requirements 2270 Exhaust systems 2271 Maximum road speed limiting 2272 Part 13 amended 2273 Additional coupling requirements 22


74 Amendments to Schedule 5 23


75 Heading to Schedule 7 substituted 2376 Heading to Part 1 of Schedule 7 substituted 2377 Schedule 7 amended 23

Division 10—Schedules 8 and 9 revoked 28

78 Revocation of Schedules 8 and 9 28

PART 3—ROAD SAFETY (DRIVERS) REGULATIONS 2009 29

79 Renewal or refusal to renew driver licence 2980 Revocation of Part 5 2981 Amendments to Schedule 3 2982 Amendments to Schedule 4 3183 Amendments to Schedule 5 31

PART 4—ROAD SAFETY (GENERAL) REGULATIONS 2009 32

84 Revocation of Parts 6 and 7 3285 Prosecution for parking offences 3286 Appropriation of fines 3287 Traffic infringements 32

═══════════════ENDNOTES 34

STATUTORY RULES 2013

S.R. No. 150/2013

Road Safety Act 1986

Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law)

Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 3 December 2013

Responsible Minister:

TERRY MULDERMinister for Roads

YVETTE CARISBROOKEClerk of the Executive Council

PART 1—PRELIMINARY

1 Objective

The objective of these Regulations is to amend the following Regulations to give effect to the Heavy Vehicle National Law (Victoria)—

(a) the Road Safety (Vehicles) Regulations 2009;

(b) the Road Safety (Drivers) Regulations 2009;

(c) the Road Safety (General) Regulations 2009.

2 Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

1

3 Commencement

These Regulations come into operation on the day on which section 4 of the Heavy Vehicle National Law Application Act 2013 comes into operation.

__________________

Part 2—Road Safety (Vehicles) Regulations 2009

Road Safety (Vehicles), (Drivers) and (General) Amendment (Heavy Vehicle National Law) Regulations 2013

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PART 2—ROAD SAFETY (VEHICLES) REGULATIONS 2009

Division 1—Amendments to Chapter 1

4 Objectives

(1) In regulation 1(a)(i) of the Road Safety (Vehicles) Regulations 20091, for "ensures the" substitute "ensures that".

(2) In regulation 1(c) of the Road Safety (Vehicles) Regulations 2009, before "motor vehicles and trailers" insert "light".

(3) In regulation 1(d) of the Road Safety (Vehicles) Regulations 2009, before "motor vehicles and trailers" insert "light".

5 Definitions

(1) In regulation 5 of the Road Safety (Vehicles) Regulations 2009, the definitions of 3 axle dog trailer combination, 4 axle dog trailer combination, articulated bus, B-double, class 2 notice, class 3 notice, class 2 permit, class 3 permit, class 2 vehicle, class 3 vehicle, controlled access bus, hauling unit, low floor bus, retractable axle, road friendly suspension and road train are revoked.

(2) In regulation 5 of the Road Safety (Vehicles) Regulations 2009 insert the following definitions—

"light combination means a combination that does not include a heavy vehicle;

light trailer means a trailer with an MRC not exceeding 45 tonnes;".



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(3) In regulation 5 of the Road Safety (Vehicles) Regulations 2009—

(a) in the definition of centre of an axle group, Figure 1 is revoked;

(b) in the definition of class 1 notice, for "class 1 notice" substitute "class O notice";

(c) in the definition of class 1 permit, for "class 1 permit" substitute "class O permit";

(d) in the definition of class 1 vehicle, for "class 1 vehicle" substitute "class O vehicle";

(e) in the definition of escort vehicle, for "class 1 vehicle" substitute "class O vehicle";

(f) in the definition of heavy trailer, for "with an MRC of more than 45 tonnes" substitute "which is a heavy vehicle";

(g) in the definition of large indivisible item, omit "mass or";

(h) for the definition of light vehicle, substitute—

"light vehicle means a light motor vehicle or light trailer;";

(i) in the definition of pilot vehicle, for "class 1 vehicle" substitute "class O vehicle";

(j) in the definition of relevant design rules, for "Department of Transport and Regional Services" substitute "Department of Infrastructure and Transport";

(k) in the definition of special purpose vehicle, before "vehicle" insert "light";



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(l) in the definition of special purpose vehicle, before "vehicles" insert "light";

(m) for the definition of standards for registration substitute—

"standards for registration means—

(a) for a heavy vehicle, the heavy vehicle standards within the meaning of the Heavy Vehicle National Law (Victoria) and if the heavy vehicle is a bus Division 18 of Part 8 of Schedule 2; and

(b) for any other vehicle, the Vehicle Standards set out in Schedule 2;".

6 Corporation may declare matters for the purposes of Regulations

In regulation 6 of the Road Safety (Vehicles) Regulations 2009—

(a) paragraphs (b), (d) and (g) are revoked;

(b) in paragraph (i), after "a modification" insert "to a light vehicle"; and

(c) in paragraph (k), before "vehicle" insert "light".

7 Interpretation—retractable axles

Regulation 10 of the Road Safety (Vehicles) Regulations 2009 is revoked.

8 Approved forms, notices etc.

In regulation 11(1)(a) of the Road Safety (Vehicles) Regulations 2009, for ", 180, 190, 196," substitute "180,".



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9 Installation of operations plates and the modification of vehicles

For regulation 21(3)(b) of the Road Safety (Vehicles) Regulations 2009 substitute—

"(b) for a heavy vehicle, the modification or addition is certified by a person appointed as an authorised officer under regulation 7 as complying with the National Code of Practice for Heavy Vehicle Modification published by the Department of Infrastructure and Transport as Vehicle Standards Bulletin No. 6; and".

10 Inspection of vehicles

In regulation 28(1)(b) of the Road Safety (Vehicles) Regulations 2009, for "is registered" substitute "is a registered vehicle".

11 Conditional registration

In regulation 30(7) of the Road Safety (Vehicles) Regulations 2009, after "conditionally registered" insert "under this regulation".

12 Period of registration

In regulation 43(1)(b) of the Road Safety (Vehicles) Regulations 2009 omit "or motor cycle".

13 Affixing number plate

In regulation 48 of the Road Safety (Vehicles) Regulations 2009—

(a) in subregulation (1)(d) for "figures 5 and 6" substitute "figure 5";



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(b) for Figure 5 substitute—

'

Figure 5: Number plates must be clearly visible from 20 metres at all points within the shaded arcs marked "A".';

(c) Figure 6 is revoked.

14 Offence

After regulation 50(3) of the Road Safety (Vehicles) Regulations 2009 insert—

"(4) This regulation does not apply to a heavy vehicle which is required to affix and display number plates in accordance with the Heavy Vehicle National Law (Victoria).".

15 Return of number plates

(1) After regulation 70(1) of the Road Safety (Vehicles) Regulations 2009 insert—

"(1A) The Corporation, by written notice to the registered operator of a vehicle, may request the registered operator to return the vehicle’s number plates if new number plates have been assigned to that vehicle under the Heavy Vehicle National Law (Victoria).".

(2) In regulation 70(2) of the Road Safety (Vehicles) Regulations 2009, after "subregulation (1)" insert "or (1A)".



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16 Application of certain fees

In regulation 107(a) of the Road Safety (Vehicles) Regulations 2009 omit "to 22".

17 Use of unregistered vehicle with trade plates by prospective purchaser

In regulation 148(1)(a)(i) of the Road Safety (Vehicles) Regulations 2009, for "vehicle that has a GVM of more than 45 tonnes" substitute "heavy vehicle".


18 Heading amended

In the heading to Chapter 4 of the Road Safety (Vehicles) Regulations 2009, before "VEHICLES" insert "LIGHT".

19 New Part 4.0 inserted

After the heading to Chapter 4 of the Road Safety (Vehicles) Regulations 2009 insert—

"PART 4.0—PRELIMINARY MATTERS

157K Non-application to heavy vehicles

This Chapter does not apply to a heavy vehicle.

__________________".

20 Regulations revoked

In the Road Safety (Vehicles) Regulations 2009—

(a) regulation 158(1)(b) and (c) are revoked;

(b) regulation 159(3), (4), (5) and (6) and Table 1 to regulation 159 are revoked;

(c) regulations 160, 161 and 162 are revoked;

(d) regulation 164(2) is revoked;



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(e) regulation 166(2) is revoked;

(f) regulation 167(5), (6) and (7) are revoked;

(g) regulation 169(2) and (5) are revoked.

21 Maximum heights

In regulation 164(1) of the Road Safety (Vehicles) Regulations 2009 omit "other than a double-decker bus".

22 Maximum length for motor vehicles

In regulation 166(1) of the Road Safety (Vehicles) Regulations 2009 omit "other than an articulated bus".

23 Regulation 170 substituted

For regulation 170 of the Road Safety (Vehicles) Regulations 2009 substitute—

"170 Trailer drawbar lengths

(1) For a trailer with only one axle or axle group, other than a semi-trailer, the maximum distance between the coupling pivot point on a drawbar and the centre line of the axle group or single axle is 85 metres.

(2) The maximum distance between the coupling pivot point on the drawbar of a dog trailer and the centre line of the front axle group or the centre line of the front single axle of the trailer is 5 metres.".

24 Offence to use on a highway a vehicle that does not comply with a relevant dimension limit

In regulation 174(4) of the Road Safety (Vehicles) Regulations 2009, for "a class 1 vehicle, a class 2 vehicle or a class 3 vehicle" substitute "a class O vehicle".



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25 Offence to use on a highway a vehicle that does not comply with regulation 173

In regulation 175(4) of the Road Safety (Vehicles) Regulations 2009, for "a class 1 vehicle, class 2 vehicle or class 3 vehicle" substitute "a class O vehicle".



"176 Dimension limits do not apply to certain class O vehicles

A width limit, length limit or height limit set out in Schedule 7 does not apply to a vehicle if—

(a) the vehicle is exempt from compliance with the limit as a result of a notice published, or permit issued, under Chapter 5; and

(b) the vehicle is being used in accordance with the notice or permit.".


27 Heading to Chapter 5 substituted

For the heading to Chapter 5 of the Road Safety (Vehicles) Regulations 2009 substitute—

"CHAPTER 5—DIMENSION LIMITS AND OTHER REQUIREMENTS FOR

CLASS O VEHICLES".



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28 Heading to Part 5.1 substituted

For the heading to Part 5.1 of the Road Safety (Vehicles) Regulations 2009 substitute—

"PART 5.1—CLASS O VEHICLES".



"177 Class O vehicle

(1) A class O vehicle is any light vehicle or light combination with a dimension that exceeds a relevant dimension limit set out in Chapter 4.

(2) Schedule 7 has effect.".

30 Heading to Division 2 of Part 5.1 substituted

For the heading to Division 2 of Part 5.1 of the Road Safety (Vehicles) Regulations 2009 substitute—

"Division 2—Class O notices".



"178 Exemption from Schedule 7 by class O notice

(1) The Corporation, by a notice published in the Government Gazette, may exempt a category of class O vehicles from any of the following requirements set out in Schedule 7—

(a) a dimension limit, other than a limit that relates to a manufacturer's limit; or

(b) any other requirement, apart from a mass limit.



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(2) A class O notice under subregulation (1) may contain any conditions the Corporation thinks fit.".

32 Contents of class O notices

(1) For the heading to regulation 179 of the Road Safety (Vehicles) Regulations 2009 substitute—

"Contents of class O notices".

(2) In regulation 179 of the Road Safety (Vehicles) Regulations 2009, for "class 1" (wherever occurring) substitute "class O".

(3) In regulation 179(a) of the Road Safety (Vehicles) Regulations 2009, for "category" substitute "type".

(4) In regulation 179(b) of the Road Safety (Vehicles) Regulations 2009, for "category" substitute "type".

33 Heading to Division 3 of Part 5.1 substituted

For the heading to Division 3 of Part 5.1 of the Road Safety (Vehicles) Regulations 2009 substitute—

"Division 3—Class O permits".

34 Exemption from Schedule 7 by class 1 permit

(1) In the heading to regulation 180 of the Road Safety (Vehicles) Regulations 2009, for "class 1" substitute "class O".

(2) For regulation 180(1) of the Road Safety (Vehicles) Regulations 2009 substitute—

"(1) The Corporation may issue a permit that exempts one or more class O vehicles from any of the following requirements set out in Schedule 7—



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(a) a dimension limit other than a limit that relates to a manufacturer's limit; or

(b) any other requirement, apart from a mass limit.".

(3) In regulation 180(2) of the Road Safety (Vehicles) Regulations 2009, for "class 1" (wherever occurring) substitute "class O".

(4) Regulation 180(3) of the Road Safety (Vehicles) Regulations 2009 is revoked.

(5) In regulation 180(4) of the Road Safety (Vehicles) Regulations 2009, for "class 1" substitute "class O".

(6) In regulation 180(7)(d) of the Road Safety (Vehicles) Regulations 2009 omit "or overmass".

35 Contents of class 1 permits

(1) For the heading to regulation 181 of the Road Safety (Vehicles) Regulations 2009 substitute—

"Contents of class O permits".


36 Offence to fail to comply with a relevant requirement of Schedule 7

(1) In regulation 182 of the Road Safety (Vehicles) Regulations 2009 omit "mass limit," (wherever occurring).


37 Regulation 183, 184, 185 and 186 amended

In regulations 183, 184, 185 and 186 of the Road Safety (Vehicles) Regulations 2009, for "class 1" (wherever occurring) substitute "class O".



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38 Parts 5.2 and 5.3 revoked

Parts 5.2 and 5.3 of the Road Safety (Vehicles) Regulations 2009 are revoked.


39 Heading to Chapter 7 substituted

For the heading to Chapter 7 of the Road Safety (Vehicles) Regulations 2009 substitute—

"CHAPTER 7—VEHICLE DEFECT NOTICES FOR LIGHT VEHICLES".

40 New regulation 234A inserted

Before regulation 235 of the Road Safety (Vehicles) Regulations 2009 insert—

"234A Non-application to heavy vehicles

This Chapter does not apply to a heavy vehicle.".


41 New regulation 244A inserted

Before regulation 245 of the Road Safety (Vehicles) Regulations 2009 insert—

"244A Non-application to heavy vehicles

This Chapter, except regulations 245, 246, 247, 252 and 253, does not apply to a heavy vehicle.".

42 Towing offences

Regulation 249(2) of the Road Safety (Vehicles) Regulations 2009 is revoked.



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43 Use of vehicles not complying with standards

(1) Regulation 258(1) of the Road Safety (Vehicles) Regulations 2009 is revoked.

(2) In regulation 258(2) of the Road Safety (Vehicles) Regulations 2009 omit "other".

(3) For the penalty at the foot of regulation 258(2) of the Road Safety (Vehicles) Regulations 2009 substitute—

"Penalty: 5 penalty units.".

(4) In regulation 258(3) of the Road Safety (Vehicles) Regulations 2009, for "Subregulations (1) and (2) do not" substitute "Subregulation (2) does not".

44 Other use of vehicle offences

For the penalty at the foot of regulation 259(1) of the Road Safety (Vehicles) Regulations 2009 substitute—

"Penalty: 5 penalty units.".

45 Keeping documents

In regulation 260 of the Road Safety (Vehicles) Regulations 2009, for "class 1, 2 or 3" (wherever occurring) substitute "class O".

46 Transitional provision for class 1 notices

At the end of Chapter 11 of the Road Safety (Vehicles) Regulations 2009 insert—

"278 Notices and permits following Heavy Vehicle National Law (Victoria)

A notice published in the Government Gazette under regulation 178 or clause 7 of Schedule 7 or a permit under regulation 180—

(a) that relates to vehicles that are class 1 vehicles under these Regulations; and



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(b) that was in force immediately before the commencement of section 4 of the Heavy Vehicle National Law Application Act 2013—

continues to have effect after that commencement, to the extent that it relates to light vehicles or light combinations, as a class O vehicle notice or class O vehicle permit under the relevant regulation or clause, until its expiry date.".

Division 7—Amendments to Schedule 2

47 Note to Schedule 2 amended

In the note to Schedule 2 of the Road Safety (Vehicles) Regulations 2009, for "vehicles" (where first occurring) substitute "light vehicles".

48 Vehicle standards

In clause 1 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, after "standards for registration" insert "for light vehicles".

49 Object of vehicle standards

In clause 2 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "motor vehicles, trailers and combinations" (wherever occurring) substitute "light motor vehicles, light trailers and light combinations".

50 Definitions

In clause 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, the definitions of 50 millimetre kingpin, 75 millimetre kingpin, 90 millimetre kingpin, repeater horn and road tank vehicle are revoked.



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51 Diagrams

(1) In clause 4(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "(except the essential diagram in clause 165 of this Schedule)".

(2) The note at the foot of clause 4 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.

52 Non-application of Vehicle Standards to ADR-compliant matters

The example at the foot of clause 12 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.

53 Note to Part 3 of Schedule 2

(1) In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "Vehicle Standards Bulletin No. 6 – National Code of Practice for Heavy Vehicle Modifications and".

(2) In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit—

" Clause 119 (rear marking plates)

Clause 136(1) and (2) (braking system for prime mover in B-double)

Clause 137 (braking system design for motor vehicles in road trains)

Clause 138(1) and (3) (braking system design for trailers in B-doubles or road trains)

Clause 155(1) and (2) (speed limiting)".

(3) In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "Clauses 51 and 52" substitute "Clause 52".



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(4) In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "(display of certain lights and reflectors)" substitute "(display of certain lights and reflectors).".

(5) In the note to Part 3 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit—

" Clause 169(1)(b) (attachment of couplings and drawbar eyes on road trains).".

54 What is an adopted standard?

For the example at the foot of clause 24 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 substitute—

"Example

Clause 53 adopts Australian Standard AS 1973-1993 Pneumatic Tyres—Passenger Car, Light Truck and Truck/Bus—Retreading and Repair Processes.".

55 Steering

(1) Clause 27(1) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.

(2) In clause 27(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "with a GVM not over 45 tonnes".

56 Mudguards and spray suppression

(1) For clause 33(1) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 substitute—

"(1) A vehicle must have firmly fitted a mudguard for each wheel or for adjacent wheels.".

(2) In clause 33(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "Subclause (1)(a)" substitute "Subclause (1)".



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(3) For the example at the foot of clause 33(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 substitute—

"Example

Subclause (2)(a) would apply to:

1 Most road-making plant;

2 Some agricultural equipment.".


(5) In clause 33(4) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "However, a" substitute "A".

57 Electrical wiring, components connections and installations

Clause 41(5) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.

58 Windscreens and windows

In clause 43(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, in the definition of approved material, in paragraph (h) for "Land Highway" substitute "Land Highways".

59 Windscreen wipers and washers


60 Pneumatic tyres—carcass construction

In clause 48(1) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "with a GVM not over 45 tonnes".

61 Tyres for use on vehicles with GVM over 45 tonnes

Clause 51 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.



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62 Schedule 2 amended

In Schedule 2 to the Road Safety (Vehicles) Regulations 2009—

(a) in clause 52(1)(b) for "1972; and" substitute "1972.";

(b) clause 52(1)(c) is revoked;

(c) for clause 54(2)(a) substitute—

"(a) across the tyre width that normally comes into contact with the road; and";

(d) clause 60 is revoked;

(e) in clause 61 for "class 1" substitute "class O";

(f) clause 62 is revoked;

(g) clause 63 is revoked;

(h) in clause 64(1) omit ", except an articulated bus,";

(i) clause 64(2) is revoked;

(j) clause 65 is revoked;

(k) in clauses 66, 67, 68, 69 and 72 for "or the relevant provisions of Schedule 7, 8 or 9" substitute "or in Schedule 7";

(l) the example at the foot of clause 87(3) is revoked.

63 Other lights and reflectors

(1) In clause 118(1) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009—

(a) in the definition of exempt vehicle for "means" substitute "means a light vehicle that is"; and



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(b) in paragraph (a) of the definition of special use vehicle, for "vehicle" substitute "light vehicle".

(2) In clause 118(2) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "vehicle" (where first occurring) substitute "light vehicle".

(3) In clause 118(3) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "vehicle" (where first occurring) substitute "light vehicle".

64 Rear marking plates

(1) Clause 119(2) and (3) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 are revoked.

(2) In clause 119(4) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, for "with a GVM not over 12 tonnes or a trailer with a GTM not over 10 tonnes" substitute "or a trailer".

65 Braking systems

In the note to Part 9 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "This Part also includes special requirements for braking systems on B-doubles and road trains to ensure that the braking systems on the component vehicles are compatible. The special requirements do not apply to a road train that is 19 metres long or less.".

66 Parts of a braking system


67 Supply of air or vacuum to brakes

Clause 127(1)(b) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.



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68 Air or vacuum brakes on motor vehicles

Clause 131(5), (7) and (8) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 are revoked.

69 Additional brake requirements

Division 4 of Part 9 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.

70 Exhaust systems


(2) In clause 148(3) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, after "The outlet" insert "of the exhaust system fitted to a bus".


71 Maximum road speed limiting

Part 12 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.

72 Part 13 amended

In the note to Part 13 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 omit "The requirements in this Part about the mechanical connections between vehicles in a road train do not apply to a road train 19 metres long or less.".

73 Additional coupling requirements

Division 2 of Part 13 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 is revoked.



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74 Amendments to Schedule 5

(1) In item 20 in Schedule 5 to the Road Safety (Vehicles) Regulations 2009, for "Class 1 permit" substitute "Class O permit".

(2) Items 21 and 22 in Schedule 5 to the Road Safety (Vehicles) Regulations 2009 are revoked.


75 Heading to Schedule 7 substituted

For the heading to Schedule 7 to the Road Safety (Vehicles) Regulations 2009 substitute—

"DIMENSION LIMITS AND OTHER REQUIREMENTS FOR CLASS O VEHICLES".

76 Heading to Part 1 of Schedule 7 substituted

For the heading to Part 1 of Schedule 7 to the Road Safety (Vehicles) Regulations 2009 substitute—

"PART 1—DIMENSION LIMITS AND OTHER REQUIREMENTS FOR ALL CLASS O

VEHICLES".

77 Schedule 7 amended

In Schedule 7 to the Road Safety (Vehicles) Regulations 2009—

(a) in clause 1—

(i) for "class 1" substitute "class O";

(ii) in subclause (2) for "mass or dimension limit" (wherever occurring) substitute "dimension limit".



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(b) Division 2 of Part 1 is revoked;

(c) in clause 5—

(i) for "class 1" (wherever occurring) substitute "class O";

(ii) the example at the foot of Table 3 is revoked;

(d) in clause 6 for "class 1" substitute "class O";

(e) in clause 7—

(i) in the heading for "Class 1" substitute "Class O";

(ii) for "class 1" substitute "class O";

(iii) for "Class 1 permit" substitute "class O permit";

(f) in clause 8—

(i) in the heading for "class 1" substitute "class O";


(g) in clause 9—


(ii) in subclause (1) for "class 1" substitute "class O";

(iii) in subclause (3) for "class 1" substitute "class O";

(iv) in subclause (5) for "class 1" substitute "class O";

(v) in subclause (7) for "class 1" substitute "class O";

(h) in clause 10 for "class 1" (wherever occurring) substitute "class O";



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(i) in clause 11—



(j) in clause 12—



(k) in clause 13 for "class 1" substitute "class O";

(l) in clause 14—


(ii) for "class 1" (where first occurring) substitute "class O";

(m) in clause 15—


(ii) for "class 1" (wherever occurring) substitute "class O";

(n) in clause 16—



(o) in clause 17—




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(ii) for "class 1" (wherever occurring, including the example) substitute "class O";

(p) in clause 18 for "class 1" substitute "class O";

(q) in clause 19—



(r) in clause 20—



(s) in clause 21—



(t) in clause 22 for "class 1" (wherever occurring) substitute "class O";

(u) in clause 23 for "class 1" (wherever occurring) substitute "class O";

(v) in clause 24—



(w) in the heading to Part 2 for "CLASS 1" substitute "CLASS O";

(x) Division 2 of Part 2 is revoked;



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(y) in clause 27 for "class 1" (wherever occurring) substitute "class O";

(z) in clause 28 for "class 1" substitute "class O";

(za) in clause 29 for "class 1" (wherever occurring) substitute "class O";

(zb) in clause 30—

(i) in subclause (1) for "class 1" substitute "class O";

(ii) subclause (2) is revoked;

(zc) clause 31 is revoked;

(zd) Division 2 of Part 3 is revoked;

(ze) Division 2 of Part 4 is revoked;

(zf) in clause 44(4) for "class 1" substitute "class O";

(zg) in clause 46 for "class 1" substitute "class O";

(zh) in the heading to Part 5 for "CLASS 1" substitute "CLASS O";

(zi) in clause 49 for "class 1" (wherever occurring) substitute "class O";

(zj) in clause 50(1)(b)(i) for "class 1" substitute "class O";

(zk) in clause 51 for "class 1" (wherever occurring) substitute "class O";

(zl) in clause 60(3) for "class 1" (wherever occurring) substitute "class O";

(zm) in clause 61(a) for "class 1" substitute "class O";



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(zn) in clause 62—



(zo) in clause 63 for "class 1" (wherever occurring) substitute "class O";

(zp) in clause 64—


(ii) for "class 1" (wherever occurring) substitute "class O".

Division 10—Schedules 8 and 9 revoked

78 Revocation of Schedules 8 and 9

Schedules 8 and 9 to the Road Safety (Vehicles) Regulations 2009 are revoked.

__________________



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PART 3—ROAD SAFETY (DRIVERS) REGULATIONS 2009

79 Renewal or refusal to renew driver licence

In regulation 40(2)(d) of the Road Safety (Drivers) Regulations 20092, after "Regulations" insert "or the Heavy Vehicle National Law (Victoria) or the national regulations under that Law".

80 Revocation of Part 5

Part 5 of the Road Safety (Drivers) Regulations 2009 is revoked.


(1) For item 8 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute—

"8 Driving fatigue-regulated vehicle in contravention of maximum work requirement

—critical risk breach

HVNL 250(1)(a), 251(1)(a), 254(1)(a), 256(1)(a), 258(1)(a), 260(1)(a)

4

".


"9 Driving fatigue-regulated vehicle in contravention of minimum rest requirement

—critical risk breach

HVNL 250(1)(b), 251(1)(b), 254(1)(b), 256(1)(b), 258(1)(b), 260(1)(b)

4

".

(3) For item 16 in the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 substitute—"16 Driving in

contravention of a condition of a major defect notice

RS(V)R 240(1), HVNL 529



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".


"33 Driving fatigue-regulated vehicle while impaired by fatigue

HVNL 228(1) 3

".


"34 Driving fatigue-regulated vehicle in contravention of maximum work requirement

—severe risk breach

HVNL 250(1)(a), 251(1)(a), 254(1)(a), 256(1)(a), 258(1)(a), 260(1)(a)

3

".


"35 Driving fatigue-regulated vehicle in contravention of minimum rest requirement

—severe risk breach

HVNL 250(1)(b), 251(1)(b), 254(1)(b), 256(1)(b), 258(1)(b), 260(1)(b)

3

".


"40 Driving in contravention of a condition of a minor defect notice

RS(V)R 240(1), HVNL 529

1

".

(8) At the foot of the Table to Schedule 3 to the Road Safety (Drivers) Regulations 2009 insert—

"HVNL means the Heavy Vehicle National Law (Victoria);".



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In Schedule 4 to the Road Safety (Drivers) Regulations 2009, for the paragraph headed "Road Safety Act 1986" substitute—

"Heavy Vehicle National Law (Victoria)

Sections 89, 250(1), 251(1), 254(1), 256(1), 258(1), 260(1), 293(1), 296(1), 297(2), 298(1), 301, 302, 326(1), 327, 329, 335(1), 336(1), 468(1), 704.

Road Safety Act 1986

Sections 7(1) and (2), 13(5), 18(1)(a) and (b), 19(5) and (7), 21(1A), 30(1), 32(1), 49(1), 50AAD(1)(a), 56(2) and (7), 59(1) and (8), 60(1), 61(3), (4) and (5), 62(3), 64(1), 68(1) and (2), 70(1A), 74(1) and (2).".


Items 15 and 16 of Schedule 5 to the Road Safety (Drivers) Regulations 2009 are revoked.

__________________



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PART 4—ROAD SAFETY (GENERAL) REGULATIONS 2009

84 Revocation of Parts 6 and 7

Parts 6 and 7 of the Road Safety (General) Regulations 20093 are revoked.

85 Prosecution for parking offences

In regulation 83(b) of the Road Safety (General) Regulations 2009, for "Department of Transport" substitute "Department of Transport, Planning and Local Infrastructure".

86 Appropriation of fines

In regulation 84(c)(i)(C) of the Road Safety (General) Regulations 2009 omit "or 5".

87 Traffic infringements

In Schedule 7 to the Road Safety (General) Regulations 2009—

(a) in column 3 of item 9A for "1, 2 or 3" substitute "O";

(b) in column 3 of item 9A omit "mass or";

(c) in column 4 of item 9A omit "192(1), 192(2), 192(3), 198(1), 198(2), 198(3)";

(d) item 165A is revoked;

(e) in column 3 of item 165B omit "(other than a large vehicle)";

(f) in column 3 of item 165D for "vehicle other than a heavy vehicle" substitute "light vehicle";

(g) in column 3 of item 165E before "vehicle" (where first occurring) insert "light";

(h) item 165F is revoked;

(i) items 166 to 227 are revoked;



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(j) items 246 to 250 are revoked;

(k) in column 3 of item 250A before "vehicle" insert "light". ═══════════════



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ENDNOTES

Endnotes


S.R. No. 150/2013

34

1 Reg. 4(1): S.R. No. 118/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 87/2013.2 Reg. 79: S.R. No. 95/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 86/2013. Subsequently

amended by S.R. Nos 28/2010, 23/2013 and 59/2013.

3 Reg. 84: S.R. No. 115/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 84/2012. Subsequently amended by S.R. No. 118/2013.

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