Australian Capital Territory Current Acts

HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 176

    (1)     The holder of a permit for a mass or dimension authority may apply to the Regulator for an amendment or cancellation of the authority.

    (2)     The application must—

        (a)     be in writing; and

        (b)     be accompanied by the prescribed fee for the application; and

        (c)     if the application is for an amendment, state clearly the amendment sought and the reasons for the amendment; and

        (d)     be accompanied by the permit.

    (3)     The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.

    (4)     If the proposed amendment of the mass or dimension authority is—

        (a)     to amend the areas or routes to which the authority applies (otherwise than by omitting an area or route or reducing an area or route in size); or

        (b)     to impose or amend road conditions or travel conditions;

then—

        (c)     the Regulator must ask the relevant road managers (for the roads to which the amendment relates) for their consent to the amendment; and

        (d)     the provisions of Division 2 apply to the request for consent in the same way as they apply to a request for consent under that Division, with the modifications (if any) prescribed by the national regulations and with any necessary modifications.

    (5)     The Regulator must decide the application as soon as practicable after receiving it.

    (6)     If the Regulator decides to grant the application—

        (a)     the Regulator must give the applicant notice of the decision; and

        (b)     the amendment or cancellation takes effect—

              (i)     when notice of the decision is given to the applicant; or

              (ii)     if a later time is stated in the notice, at the later time; and

        (c)     if the Regulator amended the authority, the Regulator must give the applicant a replacement permit for the authority as amended; and

        (d)     if the authority is amended to change the vehicle to which the authority applies to an equivalent vehicle, the Regulator must give notice of the amendment to the relevant road manager within 28 days after the authority is amended.

    (7)     If the Regulator decides not to amend or cancel the mass or dimension authority as sought by the applicant, the Regulator must—

        (a)     give the applicant an information notice for the decision; and

        (b)     return the permit for the authority to the applicant.

    (8)     In this section—

"equivalent vehicle", of another vehicle, means a vehicle that—

        (a)     is of the same category as the other vehicle; and

        (b)     has mass requirements that are no more than the mass requirements applying to the other vehicle; and

        (c)     has dimension requirements that are no more than the dimension requirements applying to the other vehicle; and

        (d)     poses no greater public risk than the other vehicle.