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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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