Tasmanian Numbered Regulations

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VEHICLE AND TRAFFIC (VEHICLE OPERATIONS) REGULATIONS 2001 (S.R. 2001, NO. 168) - REG 44

Exemptions by Commission
(1)  Subject to subregulation (2) , the Commission may exempt the following from these regulations or specified provisions of them, or the Vehicle Standards or specified provisions of them:
(a) a vehicle or a combination;
(b) a class of vehicles or combinations;
(c) a person;
(d) a class of persons.
(2)  The Commission must not exempt a vehicle or a combination, or a class of vehicles or combinations, from a requirement in Subdivision 3 of Division 2 of Part 2 that relates to the GVM, GCM or manufacturer's rating of a vehicle, part of a vehicle or a combination.
(3)  In determining whether to issue an exemption, the Commission may have regard to any or all of the following:
(a) for an exemption for a vehicle from Part 2  –
(i) the "Exemptions from Mass and Dimension Standards" as approved by the Ministerial Council, published by the National Road Transport Commission; and
(ii) the equipment and specifications of the vehicle, including the wheelbase, braking systems, tyre ratio and power to weight ratio;
(b) for an exemption for a person from Part 5  –
(i) public safety; and
(ii) whether the applicant, or an employee or employer of the applicant, has been convicted of a traffic offence; and
(iii) whether the stated need for the permit is genuine and reasonable; and
(iv) the driver fatigue management practices of the applicant, or an employee or employer of the applicant;
(c) for an exemption from the Vehicle Standards, whether the vehicle is an experimental vehicle, a prototype, or another vehicle, that could not reasonably be expected to comply with the requirement;
(d) for any exemption, any other matter that the Commission considers appropriate.


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