Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW ACT 2012 - SECT 40

40 Commissioner consent for grant of blue light vehicle standards exemption

(1) The Regulator may, under the Law , grant a blue light vehicle standards exemption only with the consent of the commissioner.

(2) The Regulator must ask the commissioner for the consent.

(3) The commissioner must decide to give or not to give the consent within 28 days after the request is made.

(4) The commissioner may decide to give the consent only if the commissioner is satisfied that the blue light vehicle standards exemption will not, or is not likely to, adversely affect public safety.

(5) Without limiting subsection (4) , the commissioner must be satisfied that the exemption will not, or is not likely to, operate to reduce the effectiveness of using blue lights to clearly identify to other road users vehicles being used for law enforcement or for an emergency.

(6) Also, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting vehicle standards exemptions.

(7) The commissioner may decide to consent to the grant of a blue light vehicle standards exemption subject to a condition that a stated public safety condition is imposed on the exemption.

(8) If the commissioner decides to consent in a way mentioned in subsection (7) , the Regulator must impose the public safety condition on the exemption.

(9) Section 26 applies to a blue light vehicle standards exemption (notice) as if the exemption were a mass or dimension exemption (notice) for which the commissioner’s consent was given.

(10) Section 27 , other than section 27 (5) (b) and (c) , applies to a blue light vehicle standards exemption (permit) as if the exemption were a mass or dimension exemption (permit) for which the commissioner’s consent was given.

(11) This section applies in relation to a blue light whether or not it is a light that flashes.

(12) In this section—

"blue light vehicle standards exemption" means—

(a) a blue light vehicle standards exemption (notice); or

(b) a blue light vehicle standards exemption (permit).

"blue light vehicle standards exemption (notice)" means a vehicle standards exemption (notice) that permits heavy vehicles of the category the subject of the exemption to be fitted with a blue light.

"blue light vehicle standards exemption (permit)" means a vehicle standards exemption (permit) that permits the heavy vehicle the subject of the exemption to be fitted with a blue light.