Heavy Vehicle National Law - Australian Capital Territory Class 3 Mass Management Accreditation Exemption Notice 2019 (No.1)

Overview

The Australian Capital Territory Class 3 Mass Management Accreditation Exemption Notice 2019 (No. 1) was enacted to provide mass exemptions from the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (The MDL Regulation) for eligible vehicles operating in the Australian Capital Territory. This Notice, which replaces the Australian Capital Territory Road Transport (Mass, Dimensions and Loading) Higher Mass Limits (HML) Exemption Notice 2013, is designed to facilitate the operation of heavy vehicles under specific mass management accreditation and conditions while ensuring road safety and infrastructure protection. The Notice was made under Section 12 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation and Section 169 of the Heavy Vehicle (General) National Regulation, and it commenced on 10 February 2019, expiring on 9 February 2024. The primary objective of this Notice is to allow certain heavy vehicles to operate under conditional mass limits, provided they meet the specified criteria and hold the required accreditation, thereby addressing the need for balanced regulation that accommodates operational efficiency while safeguarding public safety and infrastructure.

Scope and Application

The Australian Capital Territory Class 3 Mass Management Accreditation Exemption Notice 2019 applies to eligible vehicles operating in the Australian Capital Territory. The eligible vehicles include rigid trucks fitted with a tandem axle group, heavy combinations, buses fitted with a single drive axle group or tandem axle group, trucks or buses with a six-tyred tandem axle group at the rear, B-doubles, and road trains not longer than 36.5m. These vehicles are subject to certain conditions, such as holding current Mass Management Accreditation under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, and not using wide single tyres in substitution for dual tyres. The Notice exempts these eligible vehicles from certain mass requirements specified in Schedule 1 of the MDL Regulation, but conditional masses are provided under section 9. The Notice also specifies certain mass limits for single axles or axle groups of eligible vehicles. The Notice is made under Section 12 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, and s169 of the Heavy Vehicle (General) National Regulation. It commences on 10 February 2019 and expires on 9 February 2024. The Notice may be cited as the Australian Capital Territory Class 3 Mass Management Accreditation Exemption Notice 2019. It replaces the Australian Capital Territory Road Transport (Mass, Dimensions and Loading) Higher Mass Limits (HML) Exemption Notice 2013. The Notice extends or restricts application through subordinate instruments, such as the "Mass Management Accreditation Vehicles Network" on the Restricted Access Vehicle Networks as published by Transport Canberra & City Services.

Key Provisions

The Australian Capital Territory Class 3 Mass Management Accreditation Exemption Notice 2019 (No.1) provides exemptions from the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (The MDL Regulation) for eligible vehicles under certain conditions. These eligible vehicles include rigid trucks fitted with a tandem axle group, heavy combinations, buses, trucks or buses with a six-tyred tandem axle group at the rear, B-doubles, and road trains not longer than 36.5m. The Notice exempts these vehicles from specific mass requirements in the MDL Regulation (sections 4 and 5), as long as they meet the conditions outlined in the Notice (section 8). Under the Notice, the gross combination mass and axle masses of eligible vehicles must adhere to specific limits (section 9). For example, the total mass of an eligible vehicle must not exceed certain limits, such as 28t for a rigid truck with a tandem axle group not towing another vehicle, or 85.0t for a road train. Furthermore, the mass on a single axle or axle group must not exceed certain limits (Table 1, section 9). Eligible vehicles must hold Current Mass Management Accreditation under the Heavy Vehicle National Law (HVNL) (section 10). This accreditation must be current and can be obtained in any State or Territory. Additionally, the Notice does not apply to vehicles fitted with wide single tyres used in substitution for dual tyres (section 11). For a combination consisting of a prime mover and a 4.6m high semitrailer, it may use the map and/or list of routes specified in the “Mass Management Accreditation Vehicles Network” on the Restricted Access Vehicle Networks as published by Transport Canberra & City Services (section 12). Breach of the conditions outlined in this Notice may result in civil or criminal consequences. While the Notice does not explicitly state penalties, breaches of the MDL Regulation or HVNL may result in fines and/or imprisonment under those respective pieces of legislation. The maximum penalty for an individual is a fine of up to $132,000 or imprisonment for up to five years, or both, for an offence under the HVNL. Under the MDL Regulation, the maximum penalty for an individual is a fine of up to $11,000 for an offence.