Heavy Vehicle National Law - Australian Capital Territory Class 3 4.6m High Vehicle Dimension Exemption Notice 2020 (No.1)

Overview

The Australian Capital Territory Class 3 4.6m High Vehicle Dimension Exemption Notice 2020 (No. 1) was enacted to address the need for exemptions to certain dimension requirements of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation for heavy vehicles operating within the Australian Capital Territory. This Notice was made under sections 117 and 175A of the Heavy Vehicle National Law and is intended to provide conditional height limits and exemptions for vehicles with a height greater than 4.3m but not exceeding 4.6m. The Notice, which replaces the 2019 version with minor corrections, aims to streamline the operation of such vehicles on specified networks while ensuring compliance with the conditions set forth. It commences on 13 March 2020 and expires on 12 March 2024, as established by the relevant legislature, Transport Canberra & City Services, under the authority of the National Heavy Vehicle Regulator.

Scope and Application

The Australian Capital Territory Class 3 4.6m High Vehicle Dimension Exemption Notice 2020 (No.1) pertains to heavy vehicles that operate within the Australian Capital Territory and have a height exceeding 4.3m but not greater than 4.6m. This Notice provides exemptions from certain dimension requirements specified in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, subject to conditions that ensure safe operation. The Notice is applicable to eligible vehicles that meet specific criteria, including compliance with height limits and route restrictions as outlined in the document. Notably, B-doubles that include a 4.6m high semitrailer must adhere to both this Notice and the National Class 2 Heavy Vehicle B-double Authorisation Notice, ensuring that routes are approved for both semitrailers and B-doubles. The Notice is made under sections 117 and 175A of the Heavy Vehicle National Law, and it commenced on 13 March 2020, expiring on 12 March 2024.

Key Provisions

The Australian Capital Territory Class 3 4.6m High Vehicle Dimension Exemption Notice 2020 (No.1) provides exemptions from the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (section 2). This Notice is made under sections 117 and 175A of the Heavy Vehicle National Law and commences on 13 March 2020 (sections 2 and 3). It applies to heavy vehicles operating in the Australian Capital Territory that have a height greater than 4.3m but not greater than 4.6m (section 7). The Notice will expire on 12 March 2024 (section 4). The Notice exempts eligible vehicles from certain dimension requirements specified in Schedule 6 of the MDL Regulation, provided conditional dimension limits are met (section 8). Eligible vehicles must not exceed 4.6m in height (section 9). B-doubles that include a 4.6m high semitrailer must comply with relevant conditions set out in the National Class 2 Heavy Vehicle B-double Authorisation Notice (section 10). A combination consisting of a prime mover and a 4.6m high semitrailer may only use routes specified in the "4.6m High Network" on the Restricted Access Vehicle Networks published by Transport Canberra & City Services (section 11). A B-double that includes a 4.6m high semitrailer may only use a route if it is also an approved B-double route as set out in the National Class 2 Heavy Vehicle B-double Authorisation Notice (section 11). The Notice imposes several obligations on parties governed by it. Eligible vehicles must not exceed 4.6m in height (section 9) and must comply with any relevant conditions set out in the National Class 2 Heavy Vehicle B-double Authorisation Notice if they are a B-double that includes a 4.6m high semitrailer (section 10). A combination consisting of a prime mover and a 4.6m high semitrailer may only use routes specified in the "4.6m High Network" on the Restricted Access Vehicle Networks published by Transport Canberra & City Services (section 11). A B-double that includes a 4.6m high semitrailer may only use a route if it is also an approved B-double route as set out in the National Class 2 Heavy Vehicle B-double Authorisation Notice (section 11). There are no offences or penalties explicitly stated in the Notice. However, failure to comply with the conditions of the Notice may result in legal consequences, such as fines or other penalties under the Heavy Vehicle National Law or other relevant legislation. The maximum penalties for offences under the Heavy Vehicle National Law are set out in the legislation and can include fines of up to $16,500 for individuals and $82,500 for bodies corporate, as well as imprisonment for up to five years. It is important to note that the penalties for breaches of the Notice may vary depending on the specific circumstances of the breach and the relevant legislation that applies.