Heavy Vehicle National Law - Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.18)

Overview

The Heavy Vehicle National Law Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.18) was enacted under Section 174 of the Heavy Vehicle National Law, as applied in each participating jurisdiction, and is part of the Statutory Instrument Series. This amendment notice was introduced to address the need to update stated maps for heavy vehicles in response to requests from road managers. The purpose of the Notice is to make amendments to the stated maps to accommodate changes in road management requirements. The amendments outlined in the Notice are to take effect 28 days after its publication. The Notice may be cited as the Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.18) and applies in all participating jurisdictions. The stated maps have been updated to reflect the road manager's reasons for changes, which are detailed in the Schedule 1 of the Notice. This amendment Notice is an authoritative directive issued by the National Heavy Vehicle Regulator, Jose Arredondo, Manager Network Access Policy, to ensure the law remains relevant and effective in managing heavy vehicle routes.

Scope and Application

The Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.18) applies to all participating jurisdictions and is made under section 174 of the Heavy Vehicle National Law as applied in those jurisdictions. The Notice pertains to amendments of stated maps for heavy vehicles, made at the request of road managers to address specific issues concerning vehicle routes and road infrastructure. It specifically targets changes to the specified networks detailed in Schedule 1, which outlines the locality, changes to routes, and the reasons provided by the road managers for these changes. The amendments come into effect 28 days after the publication of the Notice. This legislative instrument serves to ensure that the routes and restrictions for heavy vehicles are aligned with the design and capacity of the road infrastructure, thereby enhancing safety and efficiency on the roads.

Key Provisions

The Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.18) is made under section 174 of the Heavy Vehicle National Law (sections 174(1) and 174(3)). This Notice amends the stated maps for heavy vehicles at the request of road managers. The amendments, which are set out in Schedule 1, are effective 28 days after the Notice is published (section 3). The Notice applies to all participating jurisdictions (section 5). The stated maps are amended to reflect changes in route restrictions for heavy vehicles, such as specific turn restrictions, which are specified in the Notice (section 6). This Notice imposes obligations on road managers to request and provide justification for changes to stated maps (section 6). It requires the National Heavy Vehicle Regulator to amend the stated maps to reflect these changes and to ensure that the amendments are implemented within the specified timeframe (section 174(2)). The Notice also requires the Regulator to ensure that the amended maps are published and made available to the public. Breaching the provisions of this Notice may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, section 174(4) of the Heavy Vehicle National Law provides that a person who contravenes a stated map is liable to a fine of up to 20 penalty units (currently AUD 4,200). In addition, section 174(5) of the Law provides that a person who knowingly or recklessly contravenes a stated map is guilty of an offence and is liable to a fine of up to 50 penalty units (currently AUD 10,500) or imprisonment for up to two years, or both. These penalties may be increased if the breach results in harm or damage to persons or property. In summary, the Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.18) amends the stated maps for heavy vehicles in participating jurisdictions at the request of road managers. It imposes obligations on road managers and the National Heavy Vehicle Regulator to implement and publish the amendments. Breaches of the Notice may result in civil or criminal penalties, including fines and imprisonment.