Queensland Consolidated Regulations

HEAVY VEHICLE (GENERAL) NATIONAL REGULATION - REG 9

9 Approval—noncompliance that poses no additional risk

(1) This section applies in relation to an application for a PBS design approval if the Regulator considers that a heavy vehicle built to the design the subject of the application—

(a) is not likely 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 posed by a heavy vehicle—

(i) that does comply with the standards; or

(ii) that would comply with the standards if particular conditions were imposed on the use of the vehicle and were complied with.

Examples—

1 The Regulator may consider that while a heavy vehicle built to a design does not comply with a standard under the Standards and Vehicle Assessment Rules, it will not pose any greater risk than a heavy vehicle that complies with the standard because it will considerably exceed the requirements of another related standard in a way that offsets the failure to comply with the standard.

2 The Regulator may consider that a heavy vehicle built to a design does not comply with safety standard C2 (Gradeability) under the Standards and Vehicle Assessment Rules. However, it is only intended to run on relatively flat roads and can do so as safely as a vehicle that complies with that standard if its operation is restricted to specified roads that are known to be relatively flat.

3 The Regulator may consider that a heavy vehicle built to a design does not comply with a standard under the Standards and Vehicle Assessment Rules. However, the design does meet the purpose and intent of the standard and the vehicle will not pose any greater risk than a vehicle that complies with the standard.

(2) If the Regulator approves an application to which subsection (1) (b) (ii) applies, the approval must state that any PBS vehicle approval given for a heavy vehicle built to the design is subject to the particular conditions referred to in that subsection.

(3) If the Regulator approves an application to which subsection (1) (b) (i) or (ii) applies, the Regulator must publish the following on the Regulator’s website—

(a) the type of heavy vehicle to which the design relates;

(b) the standards under the Standards and Vehicle Assessment Rules with which a heavy vehicle built to the design is not likely to comply;

(c) the reasons the Regulator considers the noncompliance will not pose any additional risk to safety or infrastructure as described in subsection (1) (b) ;

(d) if the approval states that a PBS vehicle approval given for a heavy vehicle built to the design is subject to particular conditions under subsection (2) —a brief description of the conditions.

(4) Subsection (3) does not authorise the Regulator to disclose any identifying details of the applicant, the design to which the approval relates, or any other confidential or commercially sensitive information.