Heavy Vehicle National Law - Heavy Vehicle Stated Maps – Amendment Notice 2018 (No. 1)

Overview

The Heavy Vehicle National Law Heavy Vehicle Stated Maps – Amendment Notice 2018 (No.1) was enacted to amend stated maps for vehicles following requests from road managers. This Statutory Instrument, which falls under the Stated Maps – Amendment Notice series, is made under Section 174 of the Heavy Vehicle National Law and Section 18 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation as applied in each participating jurisdiction. The Notice aims to address the need for adjustments to stated maps due to the ongoing assessments of bridges which may require temporary load limit reductions until they are fixed or replaced. The policy objective is to ensure road safety and structural integrity by modifying vehicle routes based on the latest assessments. This Notice takes effect 28 days after its publication and applies in all participating jurisdictions, with specific amendments listed in Schedule 1.

Scope and Application

The Heavy Vehicle Stated Maps – Amendment Notice 2018 (No.1) applies to all participating jurisdictions in Australia, as authorised under Section 174 of the Heavy Vehicle National Law and Section 18 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This Notice amends the stated maps for heavy vehicles based on requests from road managers to address structural and capacity assessments of specific bridges, thereby modifying the permissible routes and load limits for heavy vehicles within these jurisdictions. The changes take effect 28 days after publication, impacting the specified networks listed in Schedule 1, which details the localities, networks, changes to routes, and reasons provided by the road managers. The amendments are intended to ensure compliance with safety and structural integrity standards by temporarily adjusting the permissible load limits on certain roads until the necessary bridge repairs or replacements are completed.

Key Provisions

The main operative sections of the Heavy Vehicle Stated Maps – Amendment Notice 2018 (No.1) (the Notice) pertain to the amendments of specified networks for heavy vehicles in certain localities, as outlined in Schedule 1 (s6). The Notice is made under Section 174 of the Heavy Vehicle National Law and Section 18 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (s1). It serves to amend stated maps for vehicles based on the requests of road managers (s2). The Notice imposes specific obligations on the parties and entities it governs. Road managers are required to conduct ongoing assessments of all bridges within their jurisdictions, particularly those identified for level 1 and level 2 inspections. Based on these assessments, road managers may request amendments to the stated maps for heavy vehicles to ensure safety and compliance with structural and capacity standards (s6). The Notice outlines the changes to specific routes in New South Wales as per the road managers' requests and the reasons for these changes (Schedule 1). Failure to comply with the provisions of this Notice may result in civil or criminal consequences, although the Notice does not specify the exact penalties for breaches. However, under the Heavy Vehicle National Law, penalties for non-compliance can include fines up to $22,200 for individuals and $111,000 for bodies corporate, as well as potential imprisonment terms for serious offences. Additionally, the Notice may lead to further regulatory actions if the amended routes are not adhered to, potentially resulting in operational restrictions for heavy vehicles (implied from s174 HVNL and s18 HVMDR). In summary, the Notice provides a framework for amending heavy vehicle routes based on road managers' assessments and requests, imposes obligations on road managers to ensure ongoing bridge assessments, and implies potential penalties for non-compliance with the amended routes as outlined in the Notice.