HEAVY VEHICLE NATIONAL LAW

National Heavy Vehicle Standards (Dual Control Waste Collection Vehicles) Exemption Notice 2019 (No. 1)

1. Purpose

The purpose of this notice is to exempt a heavy vehicle that is fitted with dual steering controls and used for waste or recycling collection, or street sweeping, from the requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation) specified in this notice.

2.       Authorising Provision

This notice is made under section 61 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction.

3.       Commencement

This notice commences on the date of publication in the Commonwealth Gazette.

4.       Expiry

This notice expires five years after commencement.

5.       Definitions

(1)    Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL.

(2)    In this notice—

waste collection vehicle means a heavy vehicle that is—

(a)    designed and used for:

(i)            the roadside collection of waste or recycling material; or

(ii)            street sweeping; and

(b)    is fitted with both left hand and right hand steering controls.

safe place means an area where the vehicle can be parked where it will not interfere or impede other road users and that is safe for the driver to change steering positions.

6.       Title

This notice may be cited as the National Heavy Vehicle Standards (Dual Control Waste Collection Vehicles) Exemption Notice 2019 (No. 1).

7.       Application

1)      This notice applies to waste collection vehicles operating in all participating jurisdictions.

8.       Exemption from Prescribed Vehicle Standards

1)      A waste collection vehicle is exempt from complying with clause 7.1.1 of Australian Design Rule 42/04 – Steering Controls, must not be located on the left of the centreline of the vehicle (and an equivalent provision in an earlier version of ADR42), as required by section 2(1) of Schedule 1 of the National Regulation.

2)      A waste collection vehicle is exempt from complying with the requirement of sections 79(3) and 79(4) of Schedule 2 of the National Regulation (and the equivalent requirement of a third edition ADR) with regard to the fitting of one or more flashing lights.

9.       Conditions

1)      A waste collection vehicle must only be operated from the left hand steering control:

(a)    from the nearest safe place to the first point of collection or sweeping

(b)    while actively collecting waste or recycling, or street sweeping on the left hand side of a road, relative to the direction of travel

(c)     during short transits between one collection or sweeping point and the next

(d)    from the last point of collection or sweeping to the nearest safe place.

2)      A waste collection vehicle must have the words "DUAL CONTROL" displayed clearly on its rear in letters at least 75 mm high and in a colour in a clear contrast with the background.

3)      A waste collection vehicle must be configured to ensure the driver can view traffic in all directions from both steering controls.

4)      The waste collection vehicle must be fitted with a warning light that must be lit at all times when the vehicle is being operated from the left hand steering control that must:

(a)    be clearly visible at a distance of 500 metres in all directions; or

(b)    be supplemented by 1 or more additional warning lights so that the light emanating from at least 1 of them is clearly visible at a distance of 500 metres in any direction.

5)      When switched on a warning light mentioned under 4) must:

(a)    not be a strobe light; and

(b)    emit a yellow coloured light of rotating and flashing effect; and

(c)    flash between 120 and 200 times a minute; and

(d)    have a power of at least:

(i)            if LED technology is used – 24 watts; or

(ii)            if another technology is used – 55 watts.

Anthony Martin 
Director Safety Standards

National Heavy Vehicle Regulator