An Act to make provision for a national scheme for facilitating and regulating the use of heavy vehicles on roads; and for other purposes.
Part 1 Preliminary
1 Name of Act
This Act is the Heavy Vehicle (Adoption of National Law) Act 2013.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation.(2) Different days may be appointed under subsection (1) for the commencement of different provisions of the Heavy Vehicle National Law (NSW).
3 Definitions
(1) In this Act—function includes a power, authority or duty, and exercise a function includes perform a duty.Heavy Vehicle National Law (NSW) means the provisions applying in this jurisdiction because of section 4.Heavy Vehicle National Regulations (NSW) means the provisions applying in this jurisdiction because of section 5.local regulations—see section 28.modification includes addition, exception, omission or substitution.national regulations means the regulations, as amended from time to time, under the Heavy Vehicle National Law set out in the Schedule to the Queensland Act.Queensland Act means the Heavy Vehicle National Law Act 2012 of Queensland.road transport legislation has the same meaning as in the Road Transport Act 2013.TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.(2) Terms used in this Act and also in the Heavy Vehicle National Law set out in the Schedule to the Queensland Act have the same meanings in this Act as they have in that Law.(3) Notes included in this Act (other than in Schedules 1 and 2) do not form part of this Act.s 3: Am 2013 No 71, Sch 1 [1]–[3]; 2020 No 30, Sch 4.27[1].
Part 2 Application of Heavy Vehicle National Law and National Regulations
4 Application of Heavy Vehicle National Law
The Heavy Vehicle National Law, as amended from time to time, set out in the Schedule to the Queensland Act—(a) applies as a law of this jurisdiction, subject to the modifications set out in Schedule 1, and(b) as so applying may be referred to as the Heavy Vehicle National Law (NSW), and(c) so applies as if it were an Act.s 4: Am 2013 No 71, Sch 1 [4].
5 Application of regulations under Heavy Vehicle National Law
Each of the national regulations—(a) applies as a regulation in force for the purposes of the Heavy Vehicle National Law (NSW), subject to the modifications (if any) set out in Schedule 2 for that regulation, and(b) as so applying may be referred to by its citation with “(NSW)” added at the end of that citation.s 5: Subst 2013 No 71, Sch 1 [5].
6 Exclusion of legislation of this jurisdiction
(1) The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (NSW) or to instruments made under that Law—(c) the Interpretation Act 1987, except—(i) Part 6A, and(ii) sections 40 and 41, as applying under section 8 of this Act, and(iii) provisions prescribed by the local regulations,(d) the Subordinate Legislation Act 1989,(e) the State Records Act 1998.(2) However, the Acts referred to in subsection (1) (so far as they are relevant) apply to a government sector agency or a government sector employee exercising a function under the Heavy Vehicle National Law (NSW).(3) The Government Sector Audit Act 1983 and the Government Sector Finance Act 2018 do not apply to the Heavy Vehicle National Law (NSW) or to instruments made under that Law, except to the extent that that Law and those instruments apply to—(a) a government sector agency and the employees, decisions, actions and records of the government sector agency in carrying out a function, or(b) the Auditor-General in carrying out an audit as required by a national regulation made under section 693 (3) (b) of the Heavy Vehicle National Law (NSW).(4) To avoid doubt, this section does not limit the application of—(a) the Interpretation Act 1987 to a provision of this Act, or(b) the Subordinate Legislation Act 1989 to local regulations.(5) In this section—government sector agency means—(a) the Public Service or any other service of the Crown, or(b) a NSW Government agency, orbut does not include the Regulator.(c) an entity constituted by or under an Act or exercising public functions (such as a State owned corporation), being an entity that is prescribed by the local regulations for the purposes of this definition,government sector employee means a person employed on any basis, or on secondment, in a government sector agency.s 6: Am 2013 No 71, Sch 1 [6]; 2018 No 70, Sch 4.50; 2021 No 9, Sch 1[1].
7 Application of Ombudsman Act 1974
The Ombudsman Act 1974 applies to functions of the Regulator exercisable in relation to this jurisdiction as if the Regulator were a public authority under that Act.
8 Scrutiny and disallowance of national regulations
(1) Sections 40 and 41 of the Interpretation Act 1987 and the provisions of the Legislation Review Act 1987 apply to a national regulation in the same way as they apply to a statutory rule.(2) However, if a national regulation is disallowed in this jurisdiction, the regulation does not cease to have effect in this jurisdiction unless the regulation is disallowed in a majority of the participating jurisdictions (and, in such a case, the regulation ceases to have effect on the date of its disallowance in the last of the jurisdictions forming the majority).(3) In this section—national regulation includes a provision of a national regulation.
8A Declaration about industrial relations status of Regulator
(1) For the avoidance of doubt, it is declared that—(a) the Regulator is not an employer of State public sector employees for the purposes of the Industrial Relations (Commonwealth Powers) Act 2009, and(b) it is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth.(2) Nothing in any Act (whether enacted before or after the commencement of this section) is to be taken to prevent the Regulator from being a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth.s 8A: Ins 2013 No 71, Sch 1 [7].
Part 3 Meaning of terms for Heavy Vehicle National Law (NSW) and National Regulations (NSW)
9 Interpretation of certain expressions
In the Heavy Vehicle National Law (NSW) and the regulations in force for the purposes of that Law—police officer means a police officer within the meaning of the Interpretation Act 1987.this jurisdiction means New South Wales.s 9: Am 2013 No 71, Sch 1 [8].
10 Police officers who are authorised officers
Every police officer is declared to be an for the purposes of the Heavy Vehicle National Law (NSW).Note—See section 5 of the Heavy Vehicle National Law (NSW) for the definition of .s 10: Am 2013 No 71, Sch 1 [9].
11 Authorised warrant official
A Magistrate is declared to be an for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW).Note—See section 5 of the Heavy Vehicle National Law (NSW) for the definition of .s 11: Am 2013 No 71, Sch 1 [10].
12 Infringement notices
(1) The following are declared to be the Infringement Notice Offences Law for the purposes of the Heavy Vehicle National Law (NSW)—(a) the other provisions of this section and any local regulations made for the purposes of this section, and(b) the Fines Act 1996.(2) An infringement notice issued under section 591 of the Heavy Vehicle National Law (NSW)—(a) may be called and issued as a penalty notice rather than as an infringement notice, and(b) is declared to be a penalty notice for the purposes of the Fines Act 1996.(3) (Repealed)(4) If the amount of penalty prescribed for an alleged offence is paid in respect of an infringement notice, no person is liable to any further proceedings for the alleged offence.(5) Payment of an amount in respect of an infringement notice is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The local regulations may—(a) prescribe an offence for the purposes of section 591 of the Heavy Vehicle National Law (NSW) by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under that section, and(c) prescribe different amounts of penalties for different offences or classes of offences, and(d) prescribe different amounts of penalties for the same kind of offence or class of offence committed in specified circumstances.(7) The amount of a penalty prescribed by the local regulations under this section for an offence is not to exceed 10 percent of the maximum amount of penalty that could be imposed for the offence by a court.(8) This section and section 591 of the Heavy Vehicle National Law (NSW) do not limit the operation of any other provision of, or made under, this Act or the Law or any other Act relating to proceedings that may be taken in respect of offences.s 12: Subst 2013 No 71, Sch 1 [11]. Am 2021 No 9, Sch 1[2].
13 Local government authority
A council within the meaning of the Local Government Act 1993 is declared to be a for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW).Note—See section 5 of the Heavy Vehicle National Law (NSW) for the definition of .s 13: Am 2013 No 71, Sch 1 [12].
14 Relevant tribunal or court
The Local Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW).Note—See section 5 of the Heavy Vehicle National Law (NSW) for the definition of relevant tribunal or court.s 14: Am 2013 No 71, Sch 1 [13].
15 Responsible Minister
The Minister responsible for administering this Act is nominated as the responsible Minister for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW).Note—See section 5 of the Heavy Vehicle National Law (NSW) for the definition of responsible Minister.s 15: Am 2013 No 71, Sch 1 [14].
16 Road authority
TfNSW is declared to be the for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW).Note—See section 5 of the Heavy Vehicle National Law (NSW) for the definition of .s 16: Am 2013 No 71, Sch 1 [15]; 2020 No 30, Sch 4.27[2].
17 Road manager
(1) Except as provided by subsection (2), the following are declared to be the road manager for a road in this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW)—(a) for a public road—the roads authority for the road under the Roads Act 1993,(b) for a private road—the owner of the road.Note—See section 5 of the Heavy Vehicle National Law (NSW) for the definition of road manager.(2) TfNSW is declared to be the road manager for each of the following roads (regardless of whether it is the roads authority under the Roads Act 1993 for the road or the owner of the road)—(a) a road in respect of which TfNSW performs under that Act some or all of the functions of the roads authority instead of the authority (whether under an agreement or otherwise),(b) a road that is a tollway or transitway.(3) To avoid doubt, a reference in this section to a roads authority is not affected by section 16 (which declares TfNSW to be the road authority for the purposes of the Heavy Vehicle National Law (NSW)).(4) A term used in this section that is defined for the purposes of the Roads Act 1993 has the same meaning as in that Act.s 17: Subst 2013 No 71, Sch 1 [16]. Am 2020 No 30, Sch 4.27[2].
18 Road Rules
The Road Rules 2014 (or any rules made under the Road Transport Act 2013 that replace those Rules) are declared to be the Road Rules for the purposes of the Heavy Vehicle National Law (NSW).Note—See section 5 of the Heavy Vehicle National Law (NSW) for the definition of Road Rules.s 18: Subst 2013 No 71, Sch 1 [17]. Am 2014 (762), Sch 1.
19 Meaning of road and road-related area
(1) If a declaration in an order made under section 18 of the Road Transport Act 2013 is in force to the effect that the road transport legislation (within the meaning of that Act) applies to a specified area, the area to which the declaration relates is declared to be a road-related area for the purposes of the Heavy Vehicle National Law (NSW).Note—Section 8 (3) of the Heavy Vehicle National Law (NSW) provides for the declaration of an area to be a road or road-related area for the purposes of that Law.(2) If a declaration in an order made under section 18 of the Road Transport Act 2013 is in force to the effect that the road transport legislation (within the meaning of that Act) does not apply to a specified road, the road to which the declaration relates is taken not to be a road or road-related area (as the case requires) for the purposes of the Heavy Vehicle National Law (NSW).
20 Meaning of convicts and convicted of an offence
To avoid doubt, section 9 of the Heavy Vehicle National Law (NSW) applies only for the purposes of that Law and offences under that Law and not for the purposes of any other law of this jurisdiction.
21 Primary WHS Law
The Work Health and Safety Act 2011 and the regulations under that Act are declared to be the primary WHS Law for the purposes of the Heavy Vehicle National Law (NSW).Note—See section 18 (4) of the Heavy Vehicle National Law (NSW) for the definition of primary WHS Law.s 21: Am 2013 No 71, Sch 1 [18].
22 Meaning of relevant law
The following Acts are specified for the purposes of the definition of relevant law in section 727 (1) of the Heavy Vehicle National Law (NSW)—(a) the Roads Act 1993,(b) the road transport legislation,(c) the Transport Administration Act 1988,(d) the Ombudsman Act 1974,(e) the Photo Card Act 2005,(f) any other Act or statutory rule prescribed by the local regulations.s 22: Am 2013 No 71, Sch 1 [18] [19].
Part 4 Authorisations
pt 4: Subst 2013 No 71, Sch 1 [21].
23 Authority to use force
(1) An authorised officer who is a police officer is authorised to use force against a person in the exercise, or purported exercise, of a function under the Heavy Vehicle National Law (NSW).Note—See section 491 (Use of force against persons) of the Heavy Vehicle National Law (NSW).(2) An authorised officer is authorised to use force against property for the purposes of a power referred to in section 492 (1) of the Heavy Vehicle National Law (NSW).(3) For the avoidance of doubt, the force that may be used by an authorised officer is such force as would be reasonably necessary in the circumstances for the exercise of the power concerned.s 23: Subst 2013 No 71, Sch 1 [21].
24 Authority to seize heavy vehicles or things
Section 552 (1) of the Heavy Vehicle National Law (NSW) does not apply to an authorised officer who is a police officer impounding or seizing a heavy vehicle or thing under an Act or other law of this jurisdiction.Note—See section 552 (2) of the Heavy Vehicle National Law (NSW).s 24: Subst 2013 No 71, Sch 1 [21].
25 General power for TfNSW to obtain, provide and use information
(1) Despite this Act or another law, TfNSW may, on its own initiative or at the request of the Regulator, provide the Regulator with assistance, advice or the following information, as is reasonably required by the Regulator to exercise its functions under this Act, the Heavy Vehicle National Law (NSW) or another law—(a) information, including information given in confidence, in the possession or control of TfNSW,(b) information, including personal information, kept in a register maintained by TfNSW under the road transport legislation,(c) other information prescribed by the regulations.(2) Despite this Act or another law, the Regulator may, at the request of TfNSW, disclose information to TfNSW, as is reasonably required by TfNSW to exercise its functions under this Act, the Heavy Vehicle National Law (NSW) or another law.(3) TfNSW may use information disclosed under this section for a purpose relating to the exercise of its functions, including its delegated functions, under this Act, the Heavy Vehicle National Law (NSW) or another law.(4) Nothing done, or authorised to be done, under this section—(a) constitutes a breach of, or default under, an Act or another law, or(b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking, or(c) constitutes a breach of duty of confidence, whether arising by contract, in equity, by custom or otherwise, or(d) constitutes a civil or criminal wrong, or(e) terminates an agreement or obligation or fulfils a condition that allows a person to terminate an agreement or obligation, or gives rise to another right or remedy, or(f) releases a surety or another obligee wholly or in part from an obligation.(5) In this section—personal information has the same meaning as in the Privacy and Personal Information Protection Act 1998, section 4.s 25: Subst 2013 No 71, Sch 1 [21]. Am 2020 No 30, Sch 4.27[2]–[4]. Subst 2021 No 9, Sch 1[3].
25A Authorisation for section 688 of Heavy Vehicle National Law (NSW) (Payments into Fund)
For the purposes of section 688 of the Heavy Vehicle National Law (NSW), an amount equal to the regulatory component of the charges payable for the registration of a heavy vehicle as prescribed by the national regulations, is authorised to be paid into the National Heavy Vehicle Regulator Fund until Chapter 2 of that Law comes into force in New South Wales.s 25A: Ins 2013 No 71, Sch 1 [21]. Am 2018 No 23, Sch 1.1 [1].
Part 5 Enforcement of Heavy Vehicle National Law (NSW)
pt 5: Subst 2013 No 71, Sch 1 [22].
Division 1 Powers of authorised officers
pt 5, div 1: Ins 2013 No 71, Sch 1 [22].
26, 27 (Repealed)
s 26: Subst 2013 No 71, Sch 1 [22]. Am 2014 No 33, Sch 2.20. Rep 2018 No 23, Sch 1.1 [2].
s 27: Subst 2013 No 71, Sch 1 [22]. Am 2020 No 30, Sch 4.27[2] [3]. Rep 2021 No 9, Sch 1[4].
27A Exercise of powers under other law enforcement legislation
(1) This section applies if an authorised officer under the Heavy Vehicle National Law (NSW) is also—(a) an authorised officer under the Road Transport Act 2013, or(b) a police officer.(2) For the avoidance of doubt, an authorised officer to whom this section applies may, on the same occasion, exercise the various powers conferred on the officer by or under law enforcement legislation as well as the powers conferred on the officer by or under this Act or the Heavy Vehicle National Law (NSW) if the circumstances permit the exercise of both sets of powers on that occasion.(3) In this section—law enforcement legislation means—(a) the road transport legislation, or(b) the Law Enforcement (Powers and Responsibilities) Act 2002 or any other Act or statutory rule that confers or imposes law enforcement functions on police officers.s 27A: Ins 2013 No 71, Sch 1 [22].
Division 2 Offences and legal proceedings
pt 5, div 2: Ins 2013 No 71, Sch 1 [22].
27B Persons who may commence proceedings for offences
Proceedings for an offence against the Heavy Vehicle National Law (NSW) or the regulations in force for the purposes of that Law may be commenced by—(a) the Regulator, or(b) (Repealed)(c) a person who is authorised in writing to do so either generally or in any particular case by the Regulator, or(d) a police officer.s 27B: Ins 2013 No 71, Sch 1 [22]. Am 2020 No 30, Sch 4.27[2]; 2021 No 9, Sch 1[4] [5].
27C, 27D (Repealed)
s 27C: Ins 2013 No 71, Sch 1 [22]. Rep 2021 No 9, Sch 1[4].
s 27D: Ins 2013 No 71, Sch 1 [22]. Rep 2018 No 23, Sch 1.1 [3].
27E Evidence of speed or vehicle dimension
(1) Evidence of speed or vehicle dimension obtained under the Road Transport Act 2013, Part 5.3 may be given in proceedings for a speeding offence or a dimension offence against the Heavy Vehicle National Law (NSW), or the regulations in force for the purposes of that Law in accordance with the provisions of the Part, in the same way as for speeding offences or dimension offences against the road transport legislation.Note—The Road Transport Act 2013, Part 5.3 provides for the use of evidence obtained under the Part in connection with proceedings for speeding offences and dimension offences.(2) To avoid doubt, if a heavy vehicle being towed is attached to a heavy vehicle, both vehicles are taken to be travelling at the same speed for the purposes of proceedings for a speeding offence or dimension offence involving the vehicles.(3) Nothing in the Road Transport Act 2013, Part 5.3 or this section derogates from another mode of proof of the speed or vehicle dimension of a heavy vehicle for the purposes of the Heavy Vehicle National Law (NSW).(4) In this section—dimension offence has the same meaning as in the Road Transport Act 2013, Part 5.3, Division 5.speeding offence has the same meaning as in the Road Transport Act 2013, Part 5.3.s 27E: Ins 2013 No 71, Sch 1 [22]. Subst 2021 No 9, Sch 1[6].
27F Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in certain circumstances
(1) Section 10 of the Crimes (Sentencing Procedure) Act 1999 does not apply if a person is charged before a court with an applicable heavy vehicle offence if, at the time of or during the period of 5 years immediately before the court’s determination in respect of the charge, that section is or has been applied to or in respect of the person in respect of a charge for another applicable heavy vehicle offence (whether of the same or a different kind).(2) Each of the following is an applicable heavy vehicle offence for the purposes of subsection (1)—(a) an offence against the Heavy Vehicle National Law (NSW) that involves a severe risk breach of a mass, dimension or load restraint requirement under that Law,(b) (Repealed)(c) an offence against Chapter 6 (Vehicle operations—driver fatigue) of the Heavy Vehicle National Law (NSW),(d) an offence referred to in section 203 (2) (e) or (f) of the Road Transport Act 2013 (as in force immediately before its amendment by the Heavy Vehicle (Adoption of National Law) Amendment Act 2013) or a former corresponding offence,(e) an offence of aiding, abetting, counselling or procuring the commission of an offence referred to in paragraph (a), (b), (c) or (d).(3) In this section—former corresponding offence means an offence against a provision of an Act or statutory rule that is a former corresponding provision within the meaning of the Road Transport Act 2013 in relation to a provision referred to in section 203 (2) (e) or (f) of that Act (as in force immediately before its amendment by the Heavy Vehicle (Adoption of National Law) Amendment Act 2013).s 27F: Ins 2013 No 71, Sch 1 [22]. Am 2018 No 23, Sch 1.1 [4].
Part 6 Miscellaneous
28 Local regulations
(1) The Governor may make regulations (local regulations), not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) The power to make local regulations includes the power to make such regulations as are contemplated by the Heavy Vehicle National Law (NSW) as being made under this Act.(3) Without limitation, the local regulations may—(a) amend Schedules 1 and 2 to insert, vary or omit modifications to the Heavy Vehicle National Law set out in the Schedule to the Queensland Act, or to the national regulations, for the purpose of altering their application in New South Wales to heavy vehicles and to persons and bodies in connection with heavy vehicles, and(b), (c) (Repealed)(d) provide that a provision of a law of another participating jurisdiction is to have effect (generally or in particular circumstances, and with or without modifications, as provided in the local regulations) as if the provision formed part of the Heavy Vehicle National Law set out in the Schedule to the Queensland Act or that Law as applied in a participating jurisdiction.(3A) Without limiting subsection (3) (a), local regulations that amend Schedule 2 may amend that Schedule so as to insert, vary or omit modifications to any national regulations (including any national regulations that were not included in Schedule 2 when it first commenced).(4) The local regulations may create offences punishable by a penalty not exceeding 100 penalty units.(5) (Repealed)s 28: Am 2013 No 71, Sch 1 [23]–[30].
29 Proceedings for offences against this Act and the local regulations
Proceedings for an offence against this Act or the local regulations are to be dealt with summarily before the Local Court.Note—Section 195 of the Road Transport Act 2013 enables an authorised officer to issue penalty notices for offences against this Act or the local regulations that are prescribed as a penalty notice offence by the statutory rules for the purposes of that section.s 29: Ins 2013 No 71, Sch 1 [31].
30 Effect of amendment, repeal or expiry of modification
(1) Part 6 of Schedule 1 to the Heavy Vehicle National Law (NSW) applies to the amendment, repeal or expiry of a modification set out in Schedule 1 or 2 to this Act in the same way as it applies to the amendment, repeal or expiry of a provision of that Law.(2) However, the repeal or expiry of a modification has the effect of reviving the modified provision to its unmodified state except to the extent (if any) that the local regulations otherwise provide, whether expressly or by implication.s 30: Ins 2013 No 71, Sch 1 [31].
31 Minister may enter agreement with Regulator
The Minister for Transport and Roads may enter into an agreement with the Regulator in relation to a statement of expectations.s 31: Ins 2021 No 9, Sch 1[7].
Schedule 1 Modification of Heavy Vehicle National Law as applying in New South Wales
(Section 4 (a))
Note—
The Heavy Vehicle National Law applies in this jurisdiction with the modifications set out in this Schedule.
1.1 Modifications relating to registration
[1] Section 5 Definitions
Insert in alphabetical order—TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.Note—This definition is inserted for New South Wales pending the commencement of the national scheme for the registration of heavy vehicles under this Law.
[2] Section 711 Evidence by certificate by Regulator and TfNSW generally
Insert after section 711(1)—(1A) A certificate purporting to be issued by TfNSW and stating the following, at a stated time or during a stated period, is evidence of the matter—(a) a stated vehicle was or was not registered on the basis it is a heavy vehicle,(b) a stated vehicle was or was not registered as a heavy vehicle of a stated category,(c) a stated person was or was not the registered operator of a stated registered vehicle,(d) a stated registration was or was not amended, suspended or cancelled.Note—This subsection is inserted for New South Wales.
[3]–[23] (Repealed)
1.2 Modifications relating to other matters
[1A] Section 2
Omit the section. Insert instead—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.
[1B] Section 5 Definitions
Insert in alphabetical order—hire vehicle means a hire vehicle within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 of New South Wales.Note—This definition is inserted for New South Wales.public passenger service means a public passenger service within the meaning of the Passenger Transport Act 1990 of New South Wales.Note—This definition is inserted for New South Wales.
[1C] Chapter 1A, Part 1A.4
Insert after Part 1A.3—Part 1A.4 Exemptions26I Exemptions for emergency services [NSW](1) A person who is an officer, member or member of staff of an emergency service is exempt from section 26C, but only—(a) in so far as the offending relates to speed or fatigue; and(b) in relation to the driving of a heavy vehicle—in the course of undertaking work for an emergency service.(2) The exemption provided by this section is in addition to, and does not limit the effect of, the exemption provided by section 265A.(3) An emergency service is any of the following—(a) the NSW State Emergency Service established under the State Emergency Service Act 1989 of New South Wales;(b) Fire and Rescue NSW and any permanent fire brigade or volunteer fire brigade within the meaning of the Fire Brigades Act 1989 of New South Wales;(c) the NSW Rural Fire Service established by the Rural Fires Act 1997 of New South Wales;(d) the Ambulance Service of NSW within the meaning of the Health Services Act 1997 of New South Wales;(e) the NSW Police Force established by the Police Act 1990 of New South Wales;(f) the New South Wales Volunteer Rescue Association Inc;(g) a government agency of another jurisdiction, or a body authorised under the law of another jurisdiction, that has corresponding functions to the bodies referred to in any of the above paragraphs.Note—This section is inserted for New South Wales.26J Exemptions for hire vehicles and buses [NSW](1) A person is exempt from sections 26C and 26E (1) (a) and (2) (a) in relation to the driving of a heavy vehicle that is a hire vehicle or a bus, but only in so far as the offending relates to speed or fatigue.(2) However, a person is not exempted by subsection (1) in so far as the duty relates to—(a) an employer or prime contractor ensuring (so far as is reasonably practicable) that the employer’s or contractor’s business practices will not cause the driver of a vehicle to exceed a speed limit applying to the driver; or(b) an employer or prime contractor being reasonably satisfied that each scheduler for the vehicle has complied with its duty under section 26C to ensure that a schedule will not cause a driver to—(i) exceed a speed limit applying to the driver; or(ii) breach the work rest times applying to the driver; or(c) any party in the chain of responsibility preventing a driver from driving when fatigued.(3) Subsection (1) does not apply to the driving of a bus for the purpose of providing a public passenger service.Note—Persons carrying on public passenger services by means of a bus are required to be accredited under the Passenger Transport Act 1990 of New South Wales.Note—This section is inserted for New South Wales.
[1] (Repealed)
[2] Section 93 Person must not tamper with speed limiter fitted to heavy vehicle
Insert before section 93 (9)—(8A) Nothing in this section limits the application of Part 6.2 (Speed limiting of heavy vehicles) of the Road Transport Act 2013 of New South Wales to a heavy vehicle to which that Part applies.Note—This subsection is inserted for New South Wales. Part 6.2 of the Road Transport Act 2013 of New South Wales provides that the responsible person for a vehicle to which that Part applies is guilty of an offence unless the vehicle is speed limiter compliant (within the meaning of that Part) when the vehicle is being driven on a road.
[3] Section 93A
Insert after section 93—93A Monitoring of heavy vehicles and vehicles carrying dangerous goods [NSW](1) Part 6.1 of the Road Transport Act 2013 of New South Wales makes provision for the monitoring of the journeys on roads of certain heavy vehicles with GVMs or GCMs exceeding 13.9 tonnes and vehicles carrying dangerous goods.(2) The requirements of that Part are in addition to, and do not limit the effect of, any other provisions of this Law concerning the use of monitoring devices or equipment (such as intelligent transport systems) and the keeping of journey documentation or other records for a heavy vehicle.Note—This section is inserted for New South Wales.
[4] (Repealed)
[5] Sections 222A and 222B
Insert after section 222—222A Exemptions for accredited service operators and their drivers [NSW](1) Section 459 (3) and (4) do not apply in relation to an accredited service operator.(2) The BFM standards and AFM standards relating to assessing a driver’s health to determine his or her fitness to drive do not apply in relation to an accredited service operator to the extent that those standards are relevant for the purposes of sections 459 and 467.(3) Section 468 does not apply to the driver of a bus that is a fatigue-regulated heavy vehicle when the driver is driving the bus for an accredited service operator if—(a) the bus is on a journey that is less than 100 kilometres from the driver’s base; or(b) the bus is being used to provide a regular bus service under a passenger service contract (regardless of the distance travelled).(4) In this section—accredited service operator has the same meaning as in the Passenger Transport Act 1990 of New South Wales.passenger service contract has the same meaning as in the Passenger Transport Act 2014 of New South Wales.regular bus service has the same meaning as in the Passenger Transport Act 1990 of New South Wales.Note—This section is inserted for New South Wales.222B Exemptions for certain buses and hire vehicles [NSW](1) A person is exempt from the requirements of this Chapter (other than the requirement imposed by section 228) in relation to the driving of a hire vehicle, or the driving of a bus, that is a fatigue-regulated heavy vehicle.(2) Subsection (1) does not apply to the driving of a bus for the purpose of providing a public passenger service.Note—Persons carrying on public passenger services by means of a bus are required to be accredited under the Passenger Transport Act 1990 of New South Wales.Note—This section is inserted for New South Wales.
[6] Section 246 Counting periods of less than 15 minutes
Insert at the end of the section—(6) This section does not apply to the work time and rest time of a driver of a fatigue-regulated heavy vehicle that is a bus on a journey undertaken in accordance with a passenger service contract entered into under the Passenger Transport Act 2014 of New South Wales.Note—Subsection (6) is inserted for New South Wales.
[7] Sections 248A and 248B
Insert after section 248—248A Occupying driver’s seat to count as rest time in certain circumstances [NSW](1) A period during which the driver of a fatigue-regulated heavy vehicle occupies the driver’s seat of the vehicle while its engine is running counts as rest time rather than work time if—(a) the vehicle is stationary during that period; and(b) the driver is not subject to work demands during that period; and(c) the period is at least 15 minutes or forms part of a period of rest time of at least 15 minutes.Note—Section 246 provides for the manner in which periods of rest time are to be calculated.(2) This section has effect despite paragraph (d) of the definition of work in section 221.Note—This section is inserted for New South Wales.248B Certain personal activities may be counted as part of rest time [NSW](1) A rest period of at least 24 continuous hours of stationary rest time that is required to be taken by a driver of a fatigue-regulated heavy vehicle under this Chapter may include a period of up to one continuous hour of permitted personal activity that is to be treated as part of that rest time, but only if—(a) the permitted personal activity is not done at the direction of the driver’s employer or for fee or reward; and(b) the beginning of the period of permitted personal activity occurs at least 3 hours after the beginning of the 24-hour rest period; and(c) the end of the period of permitted personal activity occurs at least 3 hours before the end of the 24-hour rest period.(2) A permitted personal activity means any of the following—(a) cleaning or refuelling a fatigue-regulated heavy vehicle;(b) driving a fatigue-regulated heavy vehicle.(3) This section has effect despite the definitions of rest and work in section 221.Note—This section is inserted for New South Wales.
[8] Sections 265 and 265A
Omit section 265. Insert instead—265 Exemptions for emergency services [NSW](1) A person who is an officer, member or member of staff of an emergency service is exempt from the provisions of this Chapter, but only in relation to the driving of a fatigue-regulated heavy vehicle in the course of undertaking work for an emergency service.(2) An emergency service is any of the following—(a) the NSW State Emergency Service established under the State Emergency Service Act 1989 of New South Wales;(b) Fire and Rescue NSW and any permanent fire brigade or retained fire brigade within the meaning of the Fire and Rescue NSW Act 1989 of New South Wales;(c) the NSW Rural Fire Service established by the Rural Fires Act 1997 of New South Wales;(d) the Ambulance Service of NSW within the meaning of the Health Services Act 1997 of New South Wales;(e) the NSW Police Force established by the Police Act 1990 of New South Wales;(f) New South Wales Volunteer Rescue Association Inc;(g) a government agency of another jurisdiction, or a body authorised under the law of another jurisdiction, that has corresponding functions to the bodies referred to in any of the above paragraphs.(3) The exemption provided by this section is in addition to, and does not limit the effect of, the exemption provided by section 265A.Note—This section is substituted for New South Wales.265A Exemptions in relation to emergencies [NSW](1) A person who is attending an emergency and who is undertaking activities with respect to the control of the emergency in the course of his or her employment or usual business activities is exempt from compliance with this Part in relation to the driving of a fatigue-regulated heavy vehicle to and from the emergency so long as subsection (2) is complied with.(2) Any record that would be required to be made under this Chapter if the exemption under subsection (1) were not available—(a) must be made as soon as practicable after the journey from the emergency is completed; and(b) must include a record of the following—(i) the time, date, location and nature of the emergency;(ii) if the person was asked by another person to attend the emergency, the name and contact details of that other person.(3) In this section, emergency means an event (or an anticipated event) that—(a) endangers, or may endanger, life, property or the environment; or(b) has disrupted, or may disrupt, communications, energy, water supply or sewerage services; or(c) is declared to be an emergency or disaster by—(i) the Commonwealth or a State or Territory; or(ii) a Commonwealth, State or Territory authority responsible for managing responses to emergencies or disasters.Note—This section is inserted for New South Wales.
[9] Section 462A
Insert after section 462—462A Conditions imposed on AFM accreditations by responsible Minister(1) Apart from the conditions referred to in section 462, an AFM accreditation is also subject to any conditions that may be imposed by the responsible Minister for this jurisdiction under this section.(2) The responsible Minister for this jurisdiction may, by notice given to the holder, impose either or both of the following kinds of conditions on an AFM accreditation—(a) conditions specifying different AFM hours to those that would otherwise apply to drivers of heavy vehicles while operating under the accreditation in this jurisdiction;(b) conditions that require compliance with different or additional standards or business rules (or both) to the AFM standards and business rules in relation to heavy vehicles while operating under the accreditation in this jurisdiction.(3) A condition imposed under this section has effect (and must be complied with) despite anything to the contrary in any of the following—(a) the AFM accreditation (including any conditions referred to in section 462 to which the accreditation is subject);(b) the AFM standards and business rules;(c) Chapter 6 (particularly, section 257) and this Chapter;(d) an exemption, notice or permit issued or granted under Division 8 of Part 6.3.(4) The responsible Minister for this jurisdiction may, by further notice given to the holder, revoke a condition that has been imposed under this section.(5) The responsible Minister for this jurisdiction must, as soon as practicable, notify the Regulator, in writing, of any condition imposed or revoked under this section.Note—This section is inserted for New South Wales.
[10] Section 464 Accreditation certificate for heavy vehicle accreditation etc.
Insert “or by the responsible Minister for this jurisdiction under section 462A” after “the Regulator” in section 464 (2) (c).
[11] Section 464 (2)
Insert at the end of the subsection—Note—Subsection (2) (c) is amended for New South Wales by inserting “or by the responsible Minister for this jurisdiction under section 462A” after “the Regulator”.
[12] Section 464 (2A)
Insert after section 464 (2)—(2A) If an AFM accreditation certificate inaccurately states the conditions applicable to the accreditation because of the imposition or revocation of a condition under section 462A, the Regulator is to issue a replacement certificate to the holder as soon as practicable after the Regulator is informed by the responsible Minister for this jurisdiction of the imposition or revocation of the condition.Note—Subsection (2A) is inserted for New South Wales.
[13] Section 497 General power to enter places
Omit section 497 (8). Insert instead—(8) An authorised officer may use force that is reasonably necessary for exercising a power under this section.Note—This subsection is substituted for New South Wales.
[14] Section 498 Power to enter a place if evidence suspected to be at the place
Omit section 498 (6) and (7). Insert instead—(6) An authorised officer may use force that is reasonably necessary for gaining entry to a place under this section.Note—This subsection is substituted for New South Wales and subsection (7) is omitted for New South Wales.
[15] Section 499 Power to enter particular places if incident involving death, injury or damage
Omit section 499 (7). Insert instead—(7) An authorised officer may use force that is reasonably necessary for exercising a power under this section.Note—This subsection is substituted for New South Wales.
[16] Section 500 General powers after entering a place
Omit “section 497 (1) (c)” from section 500 (2) (c).Insert instead “section 497, 498 or 499”.
[17] Section 500 (2)
Insert at the end of the subsection—Note—Subsection (2) (c) is amended for New South Wales by replacing “section 497 (1) (c)” with “section 497, 498 or 499”.
[18] Section 521 Power to enter and search heavy vehicle involved, or suspected to be involved, in an offence etc.
Omit section 521 (6).
[19] Section 521
Insert at the end of the section—Note—Section 521 (6) is omitted for New South Wales.
[20] Section 659 Functions of Regulator
Insert “or another Act, including a delegation or authorisation made under another Act” after “Law” in section 659(2)(n).
[21] Section 659(2), note
Insert at the end of the subsection—Note—Subsection (2)(n) is amended for New South Wales by inserting “or another Act, including a delegation or authorisation made under another Act” after “Law”.
sch 1: Subst 2013 No 71, Sch 1 [32]. Am 2014 (28), cl 3; 2016 No 27, Sch 2.20; 2017 No 63, Sch 4.21 [1]; 2018 (354), Sch 1 [1]–[5]; 2018 No 59, Sch 5.1, 5.3 [2]; 2018 No 23, Sch 1.1 [5]; 2020 No 30, Sch 4.27[2] [5] [6]; 2021 No 9, Sch 1[8]–[13].
Schedule 2 Modification of national regulations as applying in New South Wales
(Section 5 (a))
Note—
The national regulations referred to in this Schedule apply in this jurisdiction with the modifications set out in this Schedule.
2.1 Heavy Vehicle (Vehicle Standards) National Regulation
[1A] Schedule 1 Vehicle standards relating to ADRs applying to single heavy vehicles
Insert after section 5—5A 2 for 3 bus seats in certain heavy vehicles(1) This section applies to an MD or ME category vehicle over 4.5 tonne GVM.(2) An MD or ME category vehicle is not required to comply with ADR 58, clause 58.13.1, applied by section 1(1) or 2(1) in relation to a 2 for 3 bus seat fitted to the vehicle if—(a) the rear parts of the seat fitted directly in front of a centre seating position of a 2 for 3 bus seat comply with the Energy Dissipation Test under ADR 3, Seats and Seat Anchorages, and(b) the centre seating position of a 2 for 3 bus seat complies with ADR 5, Anchorages for Seatbelts, and(c) the vehicle has a conspicuous label or sign affixed inside of the vehicle warning passengers that a 2 for 3 bus seat can only be used in a 3 seat configuration by children less than 12 years of age.(3) In this section—2 for 3 bus seat means a bus seat—(a) consisting of 2 adult seating positions, and(b) that incorporates an additional centre seating position for occupation of each of the 3 seating positions by a person who is less than 12 years of age.MD or ME category vehicle means a light omnibus (MD) or heavy omnibus (ME) within the meaning of ADR (Definitions and Vehicle Categories).Note—This section is inserted for New South Wales.
[1] Schedule 2 Other vehicle standards applying to single heavy vehicles
Omit Division 16 of Part 6. Insert instead—Division 16 Warning lights and signs on buses carrying childrenNote—Division 16 is omitted for New South Wales. For the use of warning lights and signs on school buses in New South Wales, see the Road Rules 2014, rules 222–1, 222–2 and 300–4 and the Road Transport (General) Regulation 2021, sections 17 and 18.
[2] Schedule 2, section 79 Other lights and reflectors
Insert after section 79 (7)—(7A) Despite anything to the contrary in this section or a third edition ADR, a heavy vehicle must not be fitted with a light or reflector if the light or reflector is fitted in a manner or in circumstances that would be prohibited by rule 114 of the Light Vehicle Standards Rules (within the meaning of the Road Transport (Vehicle Registration) Regulation 2017 of New South Wales) in relation to a light vehicle being used for the same purpose as the heavy vehicle.Note—This subsection is inserted for New South Wales.
sch 2: Ins 2013 No 71, Sch 1 [32]. Am 2014 (762), Sch 1; 2017 No 63, Sch 4.21 [2]; 2018 (354), Sch 1 [6]; 2021 (487), Sch 7.2; 2022 (267), Sch 1.
Schedule 3 Savings, transitional and other provisions
Part 1 General
1 Regulations
(1) The local regulations may contain provisions of a savings or transitional nature consequent on any of the following—(a) the enactment of this Act or any Act that amends this Act,(b) the enactment of any Act of Queensland that amends the Heavy Vehicle National Law set out in the Schedule to the Queensland Act,(c) the amendment of Schedule 1 or 2 by the local regulations.(2) If the local regulations so provide, any such provision may—(a) have effect despite any specified provisions of this Act (including a provision of this Schedule) or the Heavy Vehicle National Law (NSW), and(b) in the case of a provision consequent on the enactment of an Act (whether of this State or Queensland)—take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.(4) Local regulations made for the purposes of this clause may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
Part 2 Provisions consequent on enactment of this Act and the Heavy Vehicle (Adoption of National Law) Amendment Act 2013
Division 1 Definitions
2 Definitions
In this Part—amending Act means the Heavy Vehicle (Adoption of National Law) Amendment Act 2013.former legislation—see clause 4.general savings and transitional provision means section 748 of the Law.participation day means the day on which section 4 (Application of Heavy Vehicle National Law) of the Heavy Vehicle (Adoption of National Law) Act 2013 commences.the Law means the Heavy Vehicle National Law (NSW).
Division 2 Operation of general savings and transitional provision
3 Operation of general savings and transitional provision
The general savings and transitional provision has effect according to its terms except to the extent to which this Division makes contrary provision.
4 Declaration of former legislation
Despite Part 14.2 of the Law, the following are declared to be the former legislation for the purposes of Part 14.2 of the Law and this Part—(a) the road transport legislation within the meaning of the Road Transport Act 2013 as in force immediately before the participation day,(b) the former road transport legislation (as defined in clause 2 of Schedule 4 to the Road Transport Act 2013) to the extent that it continued in force under Part 2 of that Schedule immediately before the participation day.Note—Section 6 of the Road Transport Act 2013, as in force immediately before the participation day, defined road transport legislation to mean the following—(a) the Road Transport Act 2013 and the statutory rules under that Act,(b) the Road Transport (Vehicle and Driver Management) Act 2005 and the regulations under that Act,(c) the Motor Vehicles Taxation Act 1988 and the regulations under that Act,(d) any other Act or statutory rule made under any other Act (or any provision of such an Act or statutory rule) that is prescribed by the statutory rules under the Road Transport Act 2013.
5 Investigation and enforcement of offences committed before participation day
(1) For the avoidance of doubt, it is declared that the general savings and transitional provision does not affect the operation of section 30 of the Interpretation Act 1987 in relation to a relevant offence.(2) The former legislation, as in force before the participation day, continues to apply for the purposes of a relevant offence—(a) as if the Law was not in force, and(b) if any of the former legislation was amended on that day—as if it had not been amended on that day.(3) Without limiting subclauses (1) and (2)—(a) the former legislation, as in force before the participation day, continues to have effect for all matters arising, whether before, on or after the participation day—(i) in the investigation of the relevant offence, or(ii) in the enforcement of any of the former legislation in relation to the relevant offence, and(b) proceedings for the relevant offence or an associated offence may be commenced under any of the former legislation as in force before the participation day, and(c) the Fines Act 1996, as in force before the participation day, applies to the relevant offence and any associated offence.(4) Section 748 (5) of the Law applies to a relevant prosecution as if it were a prosecution referred to in section 748 (3) (c) of the Law.(5) In this clause—associated offence means any offence arising out of any investigation or enforcement as mentioned in subclause (3) (a).relevant offence means an offence committed or suspected to have been committed under the former legislation before the participation day.relevant prosecution means the prosecution of—(a) a relevant offence, and(b) any other offence that, under this clause, is dealt with as an offence under any of the former legislation.
6 Corresponding provision declaration of certain existing accreditation schemes
(1) This clause applies in relation to each of the following schemes (an existing accreditation scheme)—(a) the Hire Trailer Maintenance Management Accreditation Scheme referred to in clause 72 of the Road Transport (Vehicle Registration) Regulation 2007 (as in force immediately before its repeal by the amending Act),(b) the NSW Livestock Loading Scheme approved for the purposes of paragraph (b) of the definition of Mass Management Accreditation Scheme in the Dictionary of the Road Transport (Mass, Loading and Access) Regulation 2005 (as in force immediately before the participation day).Note—See also the Ministerial Declaration (NSW Livestock Loading Scheme) Order 2012 originally made under section 16 of the former Road Transport (General) Act 2005.(2) It is declared that accreditation under an existing accreditation scheme has effect, on and from the participation day, for the purposes of the Law as if—(a) the Law had been in force when the accreditation was granted, and(b) the accreditation were the accreditation to which it corresponds under section 458 of the Law, and(c) the accreditation had been granted under the Law on the participation day for the period of—(i) in the case of the Hire Trailer Maintenance Management Accreditation Scheme—3 years, or(ii) in the case of the NSW Livestock Loading Scheme—5 years.(3) TfNSW is to exercise all of the functions of the Regulator under the National Law instead of the Regulator in relation to the NSW Livestock Loading Scheme as if TfNSW were the Regulator.(4) Without limiting subclause (3), the functions of the Regulator that TfNSW may exercise in relation to the NSW Livestock Loading Scheme instead of the Regulator because of that subclause include (but are not limited to) the following—(a) the charging of fees,(b) the issuing of business rules,(c) the setting of conditions and requirements,(d) the issuing of forms and labels.(5) Without limiting subclauses (3) and (4), the local regulations may make provision for or with respect to the modification of the provisions of Chapter 8 of the Law in their application to the NSW Livestock Loading Scheme (including in relation to the business rules applicable to the Scheme and the admission of new participants to the Scheme).(6) Nothing in this clause limits the application of the general savings and transitional provision or section 61 (Accreditations not granted under former legislation) of the Heavy Vehicle (General) National Regulation (NSW) to accreditation under any other accreditation scheme in operation in New South Wales before the participation day.
7 Authorised officers
Despite section 748 (3) (a) of the Law, a person who, immediately before the participation day, was an authorised officer appointed (or taken to have been appointed) under section 166 of the Road Transport Act 2013 is taken, on and from that day, to be an authorised officer for the purposes of the Law as if he or she had been appointed by the Regulator under section 481 of the Law.
8 Approved vehicle examiners
Despite Part 14.2 of the Law, a person who was a licensed certifier within the meaning of Part 5A (Certification of vehicles) of the Road Transport (Vehicle Registration) Regulation 2007 immediately before the participation day is taken, on and from that day, to be an approved vehicle examiner for the purposes of Part 3.3 of the Law as if he or she had been approved as a vehicle examiner under the national regulations (as referred to in section 731 of the Law) for this purpose.
9 Declaratory regulation-making power for general savings and transitional provision
(1) The local regulations may make provision of a declaratory nature (a declaratory provision), as provided for in subclause (2), in relation to the operation of the general savings and transitional provision.(2) A declaratory provision may, in relation to a particular thing done under the former legislation before the participation day—(a) declare that the general savings and transitional provision applies to it, or(b) declare how the general savings and transitional provision applies to it, or(c) declare that the general savings and transitional provision does not apply to it, and provide how the thing must otherwise be dealt with.(3) A declaratory provision has effect according to its terms.(4) The operation of the general savings and transitional provision is not limited by the making of a declaratory provision other than to the extent provided for in the provision.(5) To the extent to which a declaratory provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.(6) Any local regulation making provision as provided for in clause 1 is not limited by this clause.(7) A declaratory provision must declare that it is a declaratory provision.
Division 3 Miscellaneous
(1) Schedule 4 to the amending Act is taken to be and has effect as a local regulation under this Act.(2) Part 2 of the Subordinate Legislation Act 1989 does not apply to the regulation set out in Schedule 4 to the amending Act (but applies to any amendment or repeal of the regulation).(3) For the purposes of section 10 of the Subordinate Legislation Act 1989, the regulation set out in Schedule 4 to the amending Act is taken to have been published on the participation day.(4) Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the regulation set out in Schedule 4 to the amending Act (but apply to any amendment or repeal of the regulation).Note—The continued effect of the regulation set out in Schedule 4 to the amending Act is unaffected by the repeal of that Schedule. See section 30 of the Interpretation Act 1987.
11 Updating of references to former legislation in connection with heavy vehicles
(1) Subclauses (2)–(4) apply to references in any other Act or in any instrument made under any other Act other than—(a) a reference in the Road Transport Act 2013 or an instrument made under that Act, or(b) a reference in the amending Act, or(c) a reference in a provision of another Act or statutory rule made under another Act that is a reference that was inserted or substituted by, or retained despite, an amendment made to the provision by the amending Act, or(d) a reference in a provision of another Act or statutory rule made under another Act (as amended, substituted or inserted by the amending Act), or(e) such references as may be prescribed by the local regulations.(2) Subject to subclause (3), a reference to the former Road Transport (Vehicle and Driver Management) Act 2005 or Road Transport (Vehicle and Driver Management) Regulation 2005 is to be read, on and from the participation day, as a reference to the Law.(3) A reference to a provision of the former Road Transport (Vehicle and Driver Management) Act 2005 or Road Transport (Vehicle and Driver Management) Regulation 2005 is to be read, on and from the participation day, as a reference to the corresponding provision (if any) of the Law or the regulations in force for the purposes of the Law.(4) A reference to a repealed provision of the former legislation (other than the former Road Transport (Vehicle and Driver Management) Act 2005 or Road Transport (Vehicle and Driver Management) Regulation 2005) for which there is a corresponding provision in the Law or the regulations in force for the purposes of the Law is to be read, on and after the participation day, as a reference to the corresponding provision.(5) The local regulations may make provision for or with respect to the updating of—(a) references to which subclauses (2)–(4) do not apply, and(b) references in any other documents to which this clause does not apply.(6) In this clause—corresponding provision, in relation to the Law or the regulations in force for the purposes of the Law, means a provision of the Law or the regulations that corresponds, or substantially corresponds, to the provision of the former legislation concerned.repealed provision of the former legislation means a provision of that legislation that was repealed by the amending Act.
sch 3: Ins 2013 No 71, Sch 1 [32]. Am 2020 No 30, Sch 4.27[2].