Heavy Vehicle National Law - Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.7)

Overview

The Heavy Vehicle National Law Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.7) was enacted to address the need for the adjustment of stated maps for heavy vehicles, facilitating the implementation of regulations concerning heavy vehicle access on specific routes. This statutory instrument was developed under Section 174 of the Heavy Vehicle National Law as applied in each participating jurisdiction and was made by the National Heavy Vehicle Regulator. The primary objective of this Notice is to amend stated maps for vehicles at the request of road managers, with the changes taking effect 28 days after the publication of Amendment Notice 2019 (No.7). This amendment applies across all participating jurisdictions and includes modifications to specified networks for various localities, reflecting the concerns of road managers regarding the impact of continued heavy vehicle access on local amenity and infrastructure.

Scope and Application

This Amendment Notice, made under Section 174 of the Heavy Vehicle National Law as applied in each participating jurisdiction, amends stated maps for heavy vehicles at the request of road managers, effective 28 days after its publication on 27 May 2019. The Notice applies to all participating jurisdictions, which typically include states and territories within Australia that have agreed to adopt the uniform heavy vehicle law. The amendments outlined in Schedule 1 specifically modify the specified networks for vehicles in the Queensland locality, in this case, removing Grassdale Road, Cecil Plains, from the route for a Type 1 Road Train due to the adverse impact on amenity and infrastructure. This change was prompted by the continued use of heavy vehicles accessing a feedlot, with alternative access routes available. The stated maps are adjusted to reflect these modifications, thereby impacting the permitted routes for heavy vehicles in the affected areas.

Key Provisions

The Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.7) (the Notice) amends the stated maps for heavy vehicles as requested by road managers under section 174 of the Heavy Vehicle National Law (HVNL) (section 2). The Notice comes into effect 28 days after its publication (section 3) and applies to all participating jurisdictions (section 5). The Notice allows for specific changes to the heavy vehicle routes in Queensland as outlined in Schedule 1 (section 6). The Notice provides the legal basis for altering the routes that heavy vehicles are permitted to travel on, based on the recommendations and reasons given by road managers. For instance, in the locality of Cecil Plains, the route for a Type 1 Road Train has been modified by removing Grassdale Road (as per route ID VYSY-8 v1) due to the adverse impact that continued heavy vehicle access to a feedlot has on the local amenity and infrastructure (Schedule 1, Column 5). This change is made in light of the availability of alternative access routes to the feedlot. Road managers bear the responsibility of proposing amendments to the heavy vehicle routes when they deem it necessary for reasons such as maintaining road infrastructure, protecting the environment, or enhancing community amenity. These proposed changes are to be based on evidence and justifications that demonstrate the necessity and benefits of the proposed route modifications. Breaches of the provisions in the Heavy Vehicle National Law, including the requirements set out in this Notice, may result in legal consequences. The specific offences and penalties are detailed within the Heavy Vehicle National Law itself, which includes provisions for both civil and criminal penalties. For example, contravening a heavy vehicle route prohibition could result in fines and potential disqualification from driving. The exact penalties depend on the nature and severity of the breach as outlined in the HVNL. It is important for all parties involved to comply with the amended maps and the law to avoid any legal repercussions.