Dredge Street Class 2 Heavy Vehicle Type 1 Road Train Authorisation (Notice) 2014 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2014G00280 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

 

DREDGE STREET CLASS 2 HEAVY VEHICLE TYPE 1 ROAD TRAIN AUTHORISATION (NOTICE) 2014 (No. 1)

 

Purpose

 

  1. The purpose of this notice is to authorise the use of class 2 heavy vehicles that are Type 1 road trains in stated areas or on stated routes and to state the conditions under which these Type 1 road trains may be used.

 

Note – The Heavy Vehicle National Law provides that road trains are class 2 heavy vehicles.  This means that these heavy vehicles are restricted access vehicles and the operator of such a vehicle requires an authorisation from the National Heavy Vehicle Regulator before the vehicle may be used on a road.  This instrument is an authorisation that declares the areas or routes on which road trains may be used, subject to certain conditions.  This instrument does NOT exempt a road train from requirements of the Heavy Vehicle National Law, including but not limited to, mass and dimension requirements.

 

Authorising Provision

 

2.                   This notice is made under section 138 of the Heavy Vehicle National Law as in force in each participating jurisdiction (HVNL).

 

Title

 

3.                   This notice may be cited as the Dredge Street Class 2 Heavy Vehicle Type 1 Road Train Authorisation (Notice) 2014 (No. 1).

 

Commencement

 

4.                   This notice commences on 14 February 2014.

 

Expiry

 

5.                   This notice expires on 30 September 2015.

 

Definitions

 

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

 

Application

 

7.                   This notice applies to a Type 1 road train, as defined in the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2014 (No. 2).

 

 

 

 

Conditions

 

8.                   The driver and operator of a Type 1 road train must comply with all conditions set out in the Schedule.

 

Declaration
 

I, Richard Hancock, delegate of the National Heavy Vehicle Regulator authorise the use of Type 1 road trains (as specified in this notice) in the stated areas or routes subject to the conditions set out in this notice.

 

Dated: 13 February 2014

 

Richard Hancock

Chief Executive Officer

National Heavy Vehicle Regulator

 

 

SCHEDULE

 

Stated areas or routes

 

  1. The entire length of Dredge Street, within Griffith City Council (New South Wales)

 

Conditions applicable to stated areas or routes

 

  1. Type 1 Road Trains must only be used in the stated areas or routes when the Burley Griffin Way (MR 84) or Railway Parade is closed.

Overview

The Dredge Street Class 2 Heavy Vehicle Type 1 Road Train Authorisation (Notice) 2014 (No. 1) was enacted to provide specific authorisation for the operation of Type 1 road trains in designated areas or on specified routes, while adhering to certain conditions. This notice was introduced to address the need for a regulatory framework governing the use of heavy vehicles, particularly road trains, in particular areas to ensure compliance with mass and dimension requirements and other stipulations under the Heavy Vehicle National Law (HVNL). Authorised by the National Heavy Vehicle Regulator, this notice was made under section 138 of the HVNL and aims to provide clear guidelines for the use of Type 1 road trains, without exempting them from the broader regulatory requirements of the HVNL. This authorisation is intended to facilitate the movement of heavy vehicles in specified areas, subject to the conditions outlined in the notice. The enactment of this notice by the National Heavy Vehicle Regulator addresses the need for a targeted approach to regulating the use of Type 1 road trains, ensuring that they operate within the parameters set by the HVNL while being allowed to navigate specific areas or routes under certain conditions. The notice authorises the use of Type 1 road trains on the entire length of Dredge Street within Griffith City Council, New South Wales, but only when Burley Griffin Way (MR 84) or Railway Parade is closed. The policy objective is to provide a structured framework for the use of heavy vehicles in particular areas, while maintaining compliance with overarching heavy vehicle regulations.

Scope and Application

The Dredge Street Class 2 Heavy Vehicle Type 1 Road Train Authorisation (Notice) 2014 (No. 1) applies to Type 1 road trains as defined under the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2014 (No. 2). This authorisation specifically allows for the operation of these vehicles along the entire length of Dredge Street within Griffith City Council in New South Wales, provided that Burley Griffin Way (MR 84) or Railway Parade is closed. It is important to note that this authorisation does not exempt road trains from the requirements of the Heavy Vehicle National Law, including mass and dimension restrictions. This notice was made under section 138 of the Heavy Vehicle National Law, as in force in each participating jurisdiction, and it commenced on 14 February 2014, expiring on 30 September 2015. The driver and operator of a Type 1 road train must adhere to all conditions outlined in the Schedule, which governs the specific circumstances under which these vehicles can be used.

Key Provisions

The Dredge Street Class 2 Heavy Vehicle Type 1 Road Train Authorisation (Notice) 2014 (No. 1) primarily authorises the use of Type 1 road trains along the entire length of Dredge Street within Griffith City Council, New South Wales. This authorisation is contingent upon specific conditions detailed in the Schedule, and these vehicles can only be used when the Burley Griffin Way (MR 84) or Railway Parade is closed (Schedule, Condition 1). The Notice operates under section 138 of the Heavy Vehicle National Law (HVNL) and comes into effect on 14 February 2014, expiring on 30 September 2015 (sections 4 and 5). It is crucial to note that this authorisation does not exempt road trains from other requirements under the HVNL, such as mass and dimension specifications (section 2, Note). Operators of Type 1 road trains must adhere to the conditions outlined in the Schedule. These conditions ensure that road trains are used responsibly and only under permissible circumstances, thereby maintaining safety and compliance with broader regulatory frameworks (section 8). The authorisation mandates that drivers and operators of these vehicles must strictly follow the specified conditions to ensure lawful and safe operation within the designated areas (section 8). These conditions are designed to mitigate potential risks and ensure that the use of road trains does not adversely affect public safety or infrastructure. Failure to comply with the conditions set forth in this Notice can result in serious consequences. While the Notice does not explicitly detail penalties for non-compliance, breaches of the HVNL can lead to a range of civil and criminal sanctions. These may include fines, suspension or revocation of the operator's licence, and potential criminal charges depending on the severity of the breach (HVNL, sections related to enforcement and penalties). The maximum penalties can vary, but they are typically significant to ensure compliance and deter violations. Operators are, therefore, strongly advised to familiarise themselves with both the Notice and the overarching provisions of the HVNL to avoid any legal repercussions.

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