Heavy Vehicle National Law - Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.9)

Overview

The Heavy Vehicle National Law (HVNL) was enacted to standardise heavy vehicle regulations across Australia, ensuring a consistent and efficient regulatory framework. The Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.9) is a legislative instrument made under the HVNL, specifically addressing the need to amend stated maps for heavy vehicles at the request of road managers. This amendment was introduced to refine the routes designated for heavy vehicles, thereby improving safety and reducing wear on local infrastructure. The Notice was enacted by the National Heavy Vehicle Regulator and aims to align heavy vehicle routes with road management objectives. The changes take effect 28 days after the publication of the Notice, and it applies to all participating jurisdictions, ensuring a cohesive approach to heavy vehicle regulation across the country.

Scope and Application

This amendment notice is made under Section 174 of the Heavy Vehicle National Law, as applied in each participating jurisdiction, to update the stated maps for vehicles at the request of road managers. It applies in all jurisdictions that are part of the Heavy Vehicle National Law and amends the specified networks for certain routes in New South Wales. The changes take effect 28 days after the publication of the notice. This Notice is specifically focused on removing certain roads from the network in Berrigan, New South Wales, such as Carter Street and Oaklands Road, to facilitate the upgrade of Strathvale Road as a heavy vehicle bypass route, thereby removing heavy vehicles from residential areas. The notice does not extend to any other states or territories outside the participating jurisdictions of the Heavy Vehicle National Law. The notice does not introduce any exclusions, exemptions, or thresholds beyond the scope of the Heavy Vehicle National Law, which governs its application. The authority to make such amendments is granted under the overarching legislation, and any further application or interpretation of these amendments would be subject to the provisions and subordinate instruments of the Heavy Vehicle National Law. The notice itself does not create new rules or regulations but serves to modify existing stated maps in alignment with the needs of local road managers.

Key Provisions

The Heavy Vehicle Stated Maps – Amendment Notice 2019 (No. 9) is a statutory instrument made under Section 174 of the Heavy Vehicle National Law (HVNL) as applied in each participating jurisdiction (section 1). The primary purpose of this Notice is to amend the stated maps for heavy vehicles at the request of road managers, to better manage the routes and localities heavy vehicles can travel (section 2). The amendments outlined in this Notice come into effect 28 days after the publication of the Amendment Notice 2019 (No. 9) (section 3). This Notice can be cited as the Heavy Vehicle Stated Maps – Amendment Notice 2019 (No. 9) and applies in all participating jurisdictions (sections 4 and 5). In terms of the obligations and requirements imposed by this Notice, it specifically amends the stated maps for heavy vehicles in New South Wales. For example, the Notice removes certain roads from the permissible routes for heavy vehicles, including Carter Street, Oaklands Road, and Strathvale Road in Berrigan. These changes have been made in response to the local road manager's request to upgrade Strathvale Road as a heavy vehicle bypass route, aiming to remove heavy vehicles from the residential area (Schedule 1). Breaching the provisions of this Notice could potentially result in serious consequences for individuals or entities involved in heavy vehicle transport. While the Notice does not explicitly outline offences or penalties, any non-compliance with the amended stated maps could lead to legal action under the Heavy Vehicle National Law. This may include fines or other penalties as prescribed by the law, depending on the severity of the breach and the impact on road safety and local communities. In summary, the Heavy Vehicle Stated Maps – Amendment Notice 2019 (No. 9) amends the stated maps for heavy vehicles in New South Wales at the request of road managers. It imposes obligations on parties involved in heavy vehicle transport to adhere to the amended routes and localities specified in the Notice. Failure to comply with the provisions of this Notice may result in legal consequences under the Heavy Vehicle National Law.