Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:40:p2
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 40 (pt 2/2)
Character Range: 77452–79611

more than 4.5 tonnes—full compliance
 (4) This subsection applies if:
 (a) the road vehicle is a trailer with an aggregate trailer mass of more than 4.5 tonnes; and
 (b) the application includes:
 (i) a signed declaration by the applicant that the trailer complies, or will comply at the time it is entered on the RAV, with the applicable national road vehicle standards as in force at the time the application is made; and
 (ii) evidence that demonstrates that the trailer complies, or will comply at the time it is entered on the RAV, with those standards.

Trailers with an aggregate trailer mass of more than 4.5 tonnes—substantial compliance
 (5) This subsection applies if:
 (a) the road vehicle is a trailer with an aggregate trailer mass of more than 4.5 tonnes; and
 (b) the application includes:
 (i) details of the respects in which the trailer does not comply, or will not comply at the time it is entered on the RAV, with the applicable national road vehicle standards as in force at the time the application is made; and
 (ii) a signed declaration by the applicant that the trailer, in all other respects, complies, or will comply at the time it is entered on the RAV, with those standards; and
 (iii) evidence that demonstrates that the trailer, in all other respects, complies, or will comply at the time it is entered on the RAV, with those standards; and
 (c) either:
 (i) the trailer's non‑compliance with the applicable national road vehicle standards, as in force at the time the Minister decides the application, is or would be only in minor and inconsequential respects; or
 (ii) where subparagraph (i) does not apply—the trailer complies or would comply with the applicable national road vehicle standards, as in force at the time the Minister decides the application, to an extent that makes it suitable for use on a public road in Australia.

Substantial compliance—use on a public road in Australia
 (6) A trailer satisfies subparagraphs (3)(c)(ii) and (5)(c)(ii) only if, were the trailer used on a public road in Australia, it:
 (a) would not pose an unacceptable risk to public safety; and
 (b) would be appropriate for such use.