Heavy Vehicle National Law (NSW)

Heavy Vehicle National Law (NSW) No 42a of 2013

Editorial note— The Heavy Vehicle National Law is applied (with modifications) as a law of NSW by the NSW Heavy Vehicle (Adoption of National Law) Act 2013. This version is the Law as it applies in NSW.

Chapter 1 Preliminary

Part 1.1 Introductory matters

1 Short title This Law may be cited as the Heavy Vehicle National Law (NSW).

2 Commencement (1) This Law commences in this jurisdiction on 10 February 2014, except as provided by subsection (2). (2) Section 84 of this Law commences in this jurisdiction on the day on which section 84 of the Heavy Vehicle National Law (Queensland) commences in Queensland.

Note— This section is substituted for New South Wales.

3 Object of Law The object of this Law is to establish a national scheme for facilitating and regulating the use of heavy vehicles on roads in a way that— (a) promotes public safety; and (b) manages the impact of heavy vehicles on the environment, road infrastructure and public amenity; and (c) promotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; and (d) encourages and promotes productive, efficient, innovative and safe business practices.

4 Regulatory framework to achieve object The object of this Law is to be achieved by a regulatory framework that— (a) establishes an entity (the National Heavy Vehicle Regulator) with functions directed at ensuring the object is achieved; and (b) provides for a database of heavy vehicles; and (c) prescribes requirements about the following— (i) the standards heavy vehicles must meet when on roads; (ii) the maximum permissible mass and dimensions of heavy vehicles used on roads; (iii) securing and restraining loads on heavy vehicles used on roads; (iv) preventing drivers of heavy vehicles exceeding speed limits; (v) preventing drivers of heavy vehicles from driving while fatigued; and (d) imposes duties and obligations directed at ensuring heavy vehicles and drivers of heavy vehicles comply with requirements mentioned in paragraph (c)(i) to (v) on persons whose activities may influence whether the vehicles or drivers comply with the requirements; and (e) includes measures directed at the matters mentioned in section 3(c) and (d) by allowing improved access to roads in certain circumstances, including by— (i) allowing heavy vehicles, that would otherwise be prevented from being used on roads, access to the roads through exemptions or authorisations granted in circumstances in which the matters mentioned in section 3(a) and (b) will not be compromised; and (ii) providing for accreditation schemes allowing operators of heavy vehicles who adopt best practices directed at the matters mentioned in section 3 to be subject to alternative requirements more suited to the operators' business operations.