New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 87

87 Approval of modification by Regulator

(1) The Regulator may approve a modification of a heavy vehicle if the Regulator is satisfied--

(a) the use on a road of the modified vehicle will not pose a significant safety risk; and

(b) as to either or both of the following (as relevant)--

(i) the modified vehicle will comply with applicable noise and emission standards prescribed by national regulations, except as provided by subparagraph (ii);

(ii) the Regulator has exempted the modified vehicle from a noise or emission standard referred to in subparagraph (i) and the Regulator is satisfied that the modified vehicle complies with the requirements of the exemption.

(2) Subsection (1) applies whether or not the modification complies with a code of practice prescribed by the national regulations prescribed for the purposes of this section.

(3) If the Regulator approves a modification of a heavy vehicle, the Regulator must--

(a) give a certificate approving the modification, in the approved form, to--

(i) the registered operator of the vehicle; or

(ii) if there is no registered operator of the vehicle--an owner of the vehicle; and

(b) ensure a plate or label that complies with subsection (4) is fitted or affixed to a conspicuous part of the vehicle.

(4) For the purposes of subsection (3)(b), a plate or label complies with this subsection if--

(a) it is of a type approved by the Regulator; and

(b) it is stamped, engraved or marked so as to display information that relates to the modification and that is--

(i) approved by the Regulator; or

(ii) prescribed by the national regulations for the purposes of this section.