Heavy Vehicle National Law - Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2019 (No.15)

Overview

The Heavy Vehicle National Law (Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2019) was enacted to amend stated maps for heavy vehicles at the request of road managers. This legislative instrument was made under the authority of the Parliament of Australia and is administered by the National Heavy Vehicle Regulator. The Notice was introduced to address urgent situations where routes for heavy vehicles pose immediate risks to public safety or significant damage to infrastructure, as evidenced by the severe property and infrastructure damage caused by bushfires. The Notice allows for the immediate suspension or amendment of routes listed in Schedule 1 to prevent such harm, with certain changes taking effect 28 days after publication to allow for due process in other cases. The policy objective is to ensure the safety of the public and the integrity of road infrastructure by providing road managers with the flexibility to respond swiftly to emerging threats.

Scope and Application

The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2019 (No.15) applies in all participating jurisdictions and is made under the provisions of the Heavy Vehicle National Law. This Notice facilitates the immediate suspension or amendment of routes listed in Schedule 1 to prevent or minimise serious harm to public safety or significant damage to road infrastructure, or the cancellation or amendment of routes at the request of road managers. The amendments or suspensions commence immediately upon publication, while cancellations or amendments take effect 28 days after publication. The Notice is designed to address urgent safety and infrastructure concerns by altering heavy vehicle routes based on the specific reasons provided by the road managers, such as severe damage caused by bushfires, as evidenced by the removal of Murray Street from the networks in New South Wales due to the risk of damage to public safety.

Key Provisions

The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2019 (No. 15) (hereafter "the Notice") amends heavy vehicle route regulations to either suspend or cancel certain routes listed in Schedule 1. Under section 175 of the Heavy Vehicle National Law (HVNL), the Notice allows for the immediate suspension or amendment of routes to prevent or minimise serious harm to public safety or significant damage to road infrastructure (1(1)(a)). Section 174 of the HVNL provides for the cancellation or amendment of routes, with such changes taking effect 28 days after the Notice is published (1(1)(b)). The Notice requires road managers to provide reasons for any proposed changes to the stated maps. These reasons must be detailed in Column 5 of Schedule 1 and relate to specific routes in Column 2 and localities in Column 3. Column 4 of Schedule 1 specifies the exact changes to be made, such as removing certain roads from the networks. For instance, in New South Wales, Murray Street (from Bailey Street to Nandabah Street) is to be removed from the 19m B Double, 23m B Double, and 25/26m B Double networks due to severe property and infrastructure damage caused by bushfire, posing an immediate risk to public safety. The obligations under this Notice are primarily placed on road managers who must provide detailed justification for any proposed amendments or suspensions. They must ensure that the changes to the stated maps are necessary to mitigate risks to public safety or infrastructure damage. Additionally, the Notice mandates that these changes be implemented within the specified timelines, either immediately or 28 days post-publication, depending on the type of amendment. Breaches of the Notice or failure to comply with its requirements may result in civil or criminal consequences. Although the Notice does not explicitly state the penalties for non-compliance, breaches of the HVNL generally carry significant fines. For example, under section 15 of the HVNL, contravening certain provisions can result in fines up to $33,000 for individuals and $165,000 for corporations, depending on the severity of the offence. The Notice's immediate impact on public safety and infrastructure integrity underscores the importance of adhering to its provisions.