Heavy Vehicle National Law
National Class 1 Special Purpose Vehicle Notice 2015
Amendment Notice 2017 (No. 1)
Statutory Instrument Series
Instrument Carried Over From Former Legislation - Amendment Notice
1 Purpose
The purpose of this Notice is to amend certain public holiday travel conditions contained in Schedule 2 of the National Class 1 Special Purpose Vehicle Notice 2015.
Note- The amendments in this Notice lift existing public holiday travel restrictions on state controlled roads under the primary notice.
2 Authorising Provision
This Notice is made under Section 23 of Schedule 1 of the Heavy Vehicle National Law.
3 Commencement
This Notice commences on the day of its publication.
4 Expiry
This Notice expires when the primary notice expires or otherwise ceases to operate.
5 Definitions
In this Notice—
primary notice means the National Class 1 Special Purpose Vehicles Notice 2015
6 Amendment of primary Notice
(1) Schedule 2 of the primary notice is amended as follows:
(a) Section 5(10), omit.
DATED: 7 November 2017
Peter Caprioli
Executive Director Access
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law National Class 1 Special Purpose Vehicle Notice 2015 Amendment Notice 2017 (No. 1) was introduced to modify specific public holiday travel conditions outlined in Schedule 2 of the National Class 1 Special Purpose Vehicle Notice 2015. This amendment was made to alleviate certain restrictions on state-controlled roads, addressing operational challenges faced by special purpose vehicles during public holidays. Enacted by the National Heavy Vehicle Regulator under Section 23 of Schedule 1 of the Heavy Vehicle National Law, the policy objective of this amendment is to enhance flexibility and efficiency in the operation of special purpose vehicles while ensuring safety and compliance with national regulations. The Notice commenced on the day of its publication and remains in effect until the primary notice expires or ceases to operate.
Scope and Application
The Heavy Vehicle National Law National Class 1 Special Purpose Vehicle Notice 2015 Amendment Notice 2017 (No. 1) applies to entities and individuals operating heavy vehicles under the National Class 1 Special Purpose Vehicle Notice 2015. This Notice specifically targets the public holiday travel conditions outlined in Schedule 2 of the primary Notice, lifting existing restrictions on state controlled roads. The Notice applies across the Commonwealth, and its scope encompasses any amendments necessary to enhance the operational flexibility of special purpose vehicles during public holidays. The Notice does not specify exclusions or exemptions but operates under the statutory authority provided by Section 23 of Schedule 1 of the Heavy Vehicle National Law. The Notice commenced on the day of its publication and will remain in effect until the primary Notice expires or ceases to operate. The amendment ensures that special purpose vehicles can operate more freely during public holidays, subject to any additional regulations or subordinate instruments that may further define these conditions.
Key Provisions
The Amendment Notice 2017 (No. 1) to the Heavy Vehicle National Law National Class 1 Special Purpose Vehicle Notice 2015 (the "primary notice") primarily aims to modify certain conditions pertaining to public holiday travel on state-controlled roads, as outlined in Schedule 2 of the primary notice (Section 1). Specifically, this amendment lifts existing restrictions on travel during public holidays (Section 1). This Notice was enacted under Section 23 of Schedule 1 of the Heavy Vehicle National Law (Section 2). It commenced on the day of its publication, which was 7 November 2017, and will remain in effect until the primary notice expires or ceases to operate (Sections 3 and 4).
Entities and individuals governed by this Act, particularly those operating Class 1 special purpose vehicles, are required to adhere to the amended conditions set out in Schedule 2 of the primary notice. The removal of Section 5(10) signifies that there are now no specific restrictions on public holiday travel on state-controlled roads. This change allows for greater flexibility in the scheduling and operations of such vehicles during public holidays, provided all other legal and safety requirements are met.
Failure to comply with the provisions of this Notice may result in legal consequences. Although specific penalties are not detailed in this Amendment Notice, violations of the Heavy Vehicle National Law generally carry significant fines and potential imprisonment. The primary notice and related legislation outline the penalties for non-compliance, which can include financial penalties, suspension or revocation of vehicle licenses, and criminal charges for serious breaches. It is crucial for operators and relevant authorities to understand and adhere to the detailed requirements and penalties outlined in the broader legislative framework.
The Amendment Notice 2017 (No. 1) streamlines travel regulations for Class 1 special purpose vehicles, providing clearer guidelines and potentially reducing bureaucratic hurdles for operators. However, the onus remains on all parties to ensure compliance with the overarching Heavy Vehicle National Law and any other relevant regulations to avoid legal repercussions. Given the potential for significant penalties, it is essential for stakeholders to stay informed about the amendments and their implications.