New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 85

85 Modifying heavy vehicle requires approval

(1) A person must not modify a heavy vehicle unless the modification has been approved by--

(a) an approved vehicle examiner under section 86; or

(b) the Regulator under section 87.

: Maximum penalty--$3000.

Editorial note--: See also section 737 (Increase of penalty amounts).

(2) A person must not use, or permit to be used, on a road a heavy vehicle that has been modified unless the modification has been approved by--

(a) an approved vehicle examiner under section 86; or

(b) the Regulator under section 87.

: Maximum penalty--$3000.

Editorial note--: See also section 737 (Increase of penalty amounts).

(3) This section does not apply to a modification that complies with a code of practice prescribed by the national regulations for the purposes of this section, section 86 or 87 that expressly states that a modification of that type does not require approval.

(4) A modification is taken to have been approved by an approved vehicle examiner under section 86 if--

(a) the modification has been authorised under an Australian road law of a non-participating jurisdiction; and

(b) a modification plate or label is fitted or affixed to a conspicuous part of the vehicle; and

(c) the modification plate or label indicates that the modification complies with a code of practice prescribed by the national regulations for the purposes of section 86.

(5) In this section--

"authorised" includes approved and permitted.

"modification plate or label" means a plate or label that is stamped, engraved or marked so as to display information that relates to a modification.

"non-participating jurisdiction" has the meaning given by section 221.