The Heavy Vehicle (General) National Regulation is a law in Queensland under the Heavy Vehicle National Law (Queensland). It is intended that a new reprint of the National Regulation will be produced by the Office of the Queensland Parliamentary Counsel when any changes to the National Regulation come into force. A provision of this Regulation commences in a Participating Jurisdiction on the day on which the provision of the Act for which the provision is made commences in that jurisdiction.
In this Regulation, a reference to 'the Act' is a reference to the National Heavy Vehicle Act.
PBS provisions
Assessor Accreditation Rules means the Assessor Accreditation Rules (July 2007) prepared by the National Transport Commission, as amended from time to time. Guidelines for the Determination of National Operating Conditions means the Guidelines for the Determination of National Operating Conditions (July 2007) prepared by the National Transport Commission, as amended from time to time. HML declaration means an HML declaration in accordance with § 12 of the national regulations for heavy vehicles (mass, dimensions and load).
Standards and Vehicle Assessment Rules means the Standards and Vehicle Assessment Rules as made by the National Transport Commission on 10 November 2008, as amended from time to time. Vehicle Certification Rules means the Vehicle Certification Rules (July 2007) made by the National Transport Commission, as amended from time to time.
PBS design approvals
The Regulator may ask the applicant to obtain additional parameter sensitivity analyzes carried out by a PBS assessor in relation to the design. This section applies in relation to an application for a PBS. design approval if the Regulator considers it likely that a heavy vehicle built to the design of the application will not comply with the Standards and Vehicle Assessment Rules simply because it will not comply with 1 or more infrastructure standards. This section applies in relation to an application for a PBS. design approval if the Regulator is of the opinion that a heavy vehicle has been constructed to the design which is the subject of the application—. a) likely to fail to comply with 1 or more standards under the Standards and Vehicle Assessment Rules; and (b) will not pose any additional risk to safety or. infrastructure than would be by a heavy vehicle—. i) which do meet the standards; or. ii) which will meet the standards if certain conditions are imposed on the use of the vehicle and are met.
2 The supervisor may be of the opinion that a heavy vehicle built according to a design does not meet safety standard C2 (Gradeability) under the standards and vehicle assessment rules. 3 The supervisor may be of the opinion that a heavy vehicle built according to a design does not meet a standard under the standards and rules for vehicle assessment. If the regulatory agency denies an application for PBS design approval, the regulatory agency must provide the applicant with an information notice for the decision to deny the application.
PBS vehicle approvals
The regulatory authority must decide on an application for a PBS vehicle approval as soon as possible after receiving it. A PBS vehicle endorsement must state—. (a) the name and address of the person to whom the approval is given; and. If the regulatory authority rejects an application for a PBS vehicle approval, the regulatory authority must provide the applicant with an information notice of the decision to reject the application.
19 Application for cancellation or amendment of approval (1) Holder of a PBS construction approval or PBS vehicle approval. may request the supervisory authority to cancel or amend the approval. a) be in the approved form; and (b) be accompanied by—. i) a copy of the approval that is the subject of the application; and. ii) the prescribed application fee; and. Each of the following is a reason to cancel or change a PBS construction approval or PBS vehicle approval according to section 23—. a) the approval was given on the basis of a document or representation that was false or misleading. 2 The road performance of the vehicle does not meet the standard of the construction subject to the PBS construction approval for which the vehicle is built.
Miscellaneous
National Regulation prescribed as vehicle standards under section 34 of Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation—. An ADR is amended so that a clause mentioned in subsection (1) replaces a previous clause in the ADR. For a heavy vehicle to which the superseded clause applies as a vehicle standard, the reference to the clause in subsection (1) is a reference to the superseded clause that applies to the heavy vehicle as a vehicle standard.
Approved vehicle examiners
1 If, pursuant to the relevant regulation, a person is authorized to inspect only vehicles of a specific make or type, he may, as a recognized inspector pursuant to paragraph 1, fulfill a position to inspect only vehicles of the same make or type. 2 If a person is obliged under the relevant regulation to use only certain equipment for a specific purpose, the person who fulfills a position as a recognized vehicle examiner pursuant to the first paragraph is obliged to use equipment of the same type for the same purpose.
Enforcement
34 Application to the Registrar of Personal Property (1) Subsection (2) applies if—. a) a thing or sample becomes the property of the regulator under section 563 of the Act; And. This section applies—. 2) The proceeds of the disposal of any object or sample under Section 3 of Part 9.4 of the Act shall be applied to payment of—. i) of deletion, including retention for deletion; And. ii) searching a Registry for a relevant purpose, including reporting forfeiture or to find out whether any action should be taken with respect to the Registry; And. b) secondly, if there is an amount due to the holder of a registered interest - the amount due to the holder; and (c) lastly, the balance to the person who owned the thing or monster before it became the property of the Supervisor.
Annual report provisions
For the purposes of paragraph 1(a), the responsible ministers can agree with an auditor-general that the auditor-general appoints or hires a contract auditor to carry out the audit under the auditor-general's direction. a) a member of CPA Australia who is entitled to use the letters 'CPA' or 'FCPA' and holds a current public practice certificate issued by CPA Australia; or. b) a member of the Institute of Chartered Accountants of Australia who is entitled to use the letters "CA" or "FCA". and holds a current certificate of public practice issued by the Institute; or. c) a member of the Association of Accountants who is entitled to use the letters "MIPA" or "FIPA" and holds a professional certificate issued by the institute. contract auditor means a person appointed or employed by an Auditor-General as a contract auditor who is not a member of the staff of the office headed by the Auditor-General. This section applies if a public accountant in a particular Participating Jurisdiction is required to audit the financial statements of the supervisory authority. Auditor General Act of a Participating Jurisdiction means the law of the Participating Jurisdiction under which the Auditor General of the Jurisdiction audits statutory bodies.
An auditor may perform a function under section 39 in relation to a person only if the auditor provides the Regulator, or other person in relation to whom the function is performed, with documentary evidence of the decision of the responsible Ministers under section 39 ASAE 3000 means the standard on assurance engagements ASAE 3000 (Assurance Engagements Other than Audits or Review of Historical Financial Information) published in July 2007 by the Audit and Assurance Standards Board.
Oversight of Regulator and Board
An applied law is deemed to provide, in relation to a breach of its provisions—. a) that the offense is a summary offence; and. IP Act entity means the following within the meaning of the IP Act—. IP Act functions means the functions conferred by the IP Act. In section 3, a reference to the Government shall be construed as a reference to the Government of a Participating Jurisdiction.
In sections 18 and 21 a reference to any entity is taken to be a reference to that entity of a participating jurisdiction. In section 126(1) a reference to the responsible Minister is regarded as a reference to the responsible Ministers under the Act. 7) A reference in section 156 to the Attorney General is taken to be a reference to the Attorney General of a participating jurisdiction.
Public Records Act 2002 (Queensland)
Right to Information Act 2009 (Queensland)
RTI Act Entity means the following within the meaning of the RTI Act—. Functions of the RTI Act are functions assigned by the RTI Act. In the Preamble and Part 1 of Chapter 1, a reference to government means a reference to the government of a Participating Jurisdiction. Minister of a participating jurisdiction including all or any of the responsible Ministers; And. c) a reference to a provision of a law of Queensland, or to a document relating to a law of Queensland, shall be construed as a reference to a corresponding provision of, or a document relating to, an law of a Participating Jurisdiction.
Savings and transitional provisions for section 755 of the Law
General
For a person to be an authorized vehicle assessor under section 30 in relation to a function, it is immaterial whether the person was authorized to perform the same or equivalent function under the AVE competence scheme before or after commencing work.
PBS provisions
Replacement of particular exemptions and authorisations
69AA Reference to ADR clauses in current PBS vehicle approvals. a) to the current PBS approval; and. b) in relation to an ADR clause referred to in section 28 which was in force before the commencement, as if the clause had been referred to in section 28(1).
Other provisions
For the purposes of section 740(3) of the Act, the regulator may set any type of fee for inspection services, except for a participating jurisdiction where those fees are set out in another law of the jurisdiction. For the purposes of section 740(6) of the Act, the regulator may, for reasonable cause, waive all or part of the fee.
Fees
