Heavy Vehicle National Law - Heavy Vehicle Stated Maps - Amendment Notice 2019 (No.19)

Overview

The Heavy Vehicle National Law Heavy Vehicle Stated Maps – Amendment Notice 2019 (No. 19), enacted under Section 174 of the Heavy Vehicle National Law, addresses specific concerns raised by road managers regarding the safety risks posed by certain roads to heavy vehicle operations. This statutory instrument, published on 17 December 2019, serves to amend the stated maps for vehicles in participating jurisdictions, thereby allowing for adjustments in response to identified public safety issues. The Notice aims to mitigate risks associated with heavy vehicles by either removing certain roads from heavy vehicle access or imposing height restrictions where necessary, such as at level crossings where power lines are present. This amendment was made to ensure the compatibility of heavy vehicle use with road infrastructure and traffic conditions, ultimately enhancing public safety. The Notice, which applies across all participating jurisdictions, took effect 28 days after its publication and is applicable to specific networks as detailed in the Schedule 1 of the Notice. This amendment process was authorised by the National Heavy Vehicle Regulator and signed by Julian Del Beato, Acting Manager Network Access Policy, reflecting the policy objective to address and rectify any identified risks to public safety due to heavy vehicle use on particular roads.

Scope and Application

The Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.19) applies in all participating jurisdictions and amends the stated maps for heavy vehicles as requested by road managers. This Notice is made under Section 174 of the Heavy Vehicle National Law as applied in each participating jurisdiction and specifies changes to certain networks, including the removal of roads in Mandurara and the addition of a height restriction in Unanderra. These amendments are made due to concerns about public safety arising from heavy vehicle use on roads with infrastructure or traffic conditions that are incompatible with such vehicles. The Notice comes into effect 28 days after its publication on 17 December 2019, and the changes are detailed in Schedule 1, which lists the affected networks, localities, changes to routes, and reasons for the alterations. The application of this Notice is restricted to the participating jurisdictions and any further extensions or restrictions are made through subordinate instruments under the Heavy Vehicle National Law.

Key Provisions

The Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.19) outlines changes to the stated maps for heavy vehicles in New South Wales, as specified in Section 174 of the Heavy Vehicle National Law (sections referenced in parentheses). The Notice primarily modifies the routes for certain types of heavy vehicles, including B-Doubles and high-vehicles, based on requests from road managers. These changes are detailed in the Schedule 1 of the Notice, where specific roads are either removed from or added to the permitted heavy vehicle routes, or height restrictions are imposed. The obligations imposed by the Notice on road managers and other affected parties are to ensure compliance with the amended routes and restrictions. Road managers must justify any changes made to the stated maps, and the reasons for these changes must be documented. For instance, in the case of New South Wales, road managers have cited significant risks to public safety due to incompatible heavy vehicle use with the existing road infrastructure or traffic conditions as reasons for removing certain roads from the heavy vehicle routes (Column 5 of Schedule 1). Breaches of the provisions in this Notice could result in various penalties. Although the specific penalties are not detailed in the Notice itself, the Heavy Vehicle National Law provides a framework for enforcement actions. Typically, violations could lead to fines and other civil or criminal consequences, depending on the severity and intent of the breach. The maximum penalties can vary but are generally substantial, reflecting the importance of adhering to the amended maps for the safety and efficiency of heavy vehicle operations. It is essential for all parties involved, including road managers and heavy vehicle operators, to be aware of and comply with the changes specified in this Notice to avoid legal repercussions and ensure public safety. The amendments are designed to mitigate risks associated with heavy vehicle operations on certain roads, thereby improving overall road safety standards in participating jurisdictions.