NATIONAL HEAVY VEHICLE LAW
Australian Capital Territory Class 3 4.6m High Vehicle Dimension Exemption Notice 2024 (No.1)
- Purpose
This Notice provides dimension exemptions from the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the MDL Regulation), and conditional height limits for vehicles operating on specified networks that meet the other requirements of the Notice.
2. Authorising Provision
This notice is made under s117 of the Heavy Vehicle National Law (HVNL).
3. Commencement
This Notice commences on 13 March 2024.
4. Expiry
This Notice expires on 12 March 2029.
5. Title
This Notice may be cited as the Australian Capital Territory Class 3 4.6m High Vehicle Dimension Exemption Notice 2024 (No.1).
6. Definitions
1) Unless otherwise stated, words and expressions used in this Notice and in the Code have the same meanings as those defined in the HVNL.
2) In this Notice:-
Eligible vehicle means a vehicle that meets the requirements of section 7 of this Notice.
7. Application
This Notice applies to heavy vehicles operating in the Australian Capital Territory that have a height greater than 4.3m, but not greater than 4.6m.
8. Exemptions - Height
1) This notice exempts eligible vehicles from the following dimension requirements specified in Schedule 6 of the MDL Regulation, to the extent that conditional dimension limits are provided under section 9 of this Notice:
a) Section 8 – Height
9. Conditions – Height
An eligible vehicle in this notice must not exceed 4.6m in height.
10. Conditions – B-doubles
A B-double operating under this Notice that includes a 4.6m high semitrailer must comply with any relevant conditions set out in the National Class 2 Heavy Vehicle B-double Authorisation Notice.
11. Conditions - State Areas and Routes
1) A combination consisting of a prime mover and a 4.6m high semitrailer may use the map and/or list of routes specified in the “4.6m High Network” on the Restricted Access Vehicle Networks published by Transport Canberra & City Services.
2) A B-double that includes a 4.6m high semitrailer may only use a route described in 1) if the route is also an approved B-double route as set out in the National Class 2 Heavy Vehicle B-double Authorisation Notice.
Note: This means the route must be approved for use by both 4.6m high semitrailers and B-doubles.
Peter Austin
Director, Policy Implementation
National Heavy Vehicle Regulator
Overview
The Australian Capital Territory Class 3 4.6m High Vehicle Dimension Exemption Notice 2024 (No.1) is a legislative instrument introduced to provide exemptions from the Heavy Vehicle (Mass, Dimension and Loading) National Regulation for vehicles with specific height requirements in the Australian Capital Territory. Enacted under the Heavy Vehicle National Law, this Notice aims to facilitate the operation of heavy vehicles with heights between 4.3m and 4.6m within the ACT while ensuring compliance with safety and operational standards. The Notice applies to eligible vehicles operating in the territory, exempting them from certain height dimension requirements on the condition that they adhere to specified limits and routes as outlined in the document. This regulatory measure was designed to address the operational needs of certain heavy vehicles while maintaining road safety and infrastructure integrity.
The Notice is authorised under section 117 of the Heavy Vehicle National Law and was made by the National Heavy Vehicle Regulator. It commences on 13 March 2024 and will expire on 12 March 2029, providing a temporary framework to manage the movement of higher vehicles in the Australian Capital Territory. The primary policy objective is to allow for the efficient operation of eligible vehicles within the specified parameters, ensuring they do not exceed a height of 4.6m and adhere to the defined network and route conditions.
Scope and Application
The Australian Capital Territory Class 3 4.6m High Vehicle Dimension Exemption Notice 2024 (No.1) is designed to provide specific exemptions to the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, particularly concerning the height of Class 3 heavy vehicles operating within the Australian Capital Territory. This Notice applies to heavy vehicles that are taller than 4.3m but do not exceed 4.6m in height, ensuring these vehicles comply with certain conditional limits to operate safely within designated areas and routes. It is crucial that eligible vehicles adhere to the specified height restriction of 4.6m and comply with any relevant conditions stipulated in the National Class 2 Heavy Vehicle B-double Authorisation Notice if they are part of a B-double configuration. The Notice also outlines that such vehicles are permitted to use only those routes that are both listed in the "4.6m High Network" by Transport Canberra & City Services and approved for B-double use. This Notice, which comes into effect on 13 March 2024 and expires on 12 March 2029, is made under section 117 of the Heavy Vehicle National Law.
Key Provisions
The main operative sections of the Australian Capital Territory Class 3 4.6m High Vehicle Dimension Exemption Notice 2024 (No.1) (Notice) are outlined in sections 8, 9, and 10. Section 8 specifies that eligible vehicles are exempt from certain height dimension requirements of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation), provided they comply with the conditional limits set out in section 9. Section 9 specifies that eligible vehicles must not exceed 4.6m in height. Section 10 adds that B-doubles, which include a 4.6m high semitrailer, must comply with any relevant conditions set out in the National Class 2 Heavy Vehicle B-double Authorisation Notice.
The Notice imposes several obligations and requirements on parties or entities it governs. Firstly, eligible vehicles must adhere to the height limit of 4.6m, as specified in section 9. Secondly, B-doubles that include a 4.6m high semitrailer must comply with any relevant conditions set out in the National Class 2 Heavy Vehicle B-double Authorisation Notice, as stipulated in section 10. Additionally, vehicles must only use routes specified in the “4.6m High Network” on the Restricted Access Vehicle Networks published by Transport Canberra & City Services, as detailed in section 11(1). B-doubles must use routes approved for both 4.6m high semitrailers and B-doubles, as outlined in section 11(2).
There are no explicit provisions in the Notice regarding offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the specified height limit or route restrictions could potentially result in penalties under the broader provisions of the Heavy Vehicle National Law (HVNL) or other relevant legislation. Operators should be aware that any breach of the conditions set out in the Notice could lead to enforcement actions, including fines and potential disqualification from operating heavy vehicles.