Heavy Vehicle National Law
National Class 1 Special Purpose Vehicle Notice 2016 (No 1) Amendment Notice 2018 (No. 1)
Statutory Instrument Series
Class 1/3 Heavy Vehicle Exemption Notice – Amendment Notice
1 Purpose
The purpose of this Notice is to introduce amended certain Schedules of the primary notice to introduce a uniform restriction on the speed of a certain categories of special purpose vehicle.
Note- The amendments in this Notice include the following amendments:
1) Addition of clauses that applies a 80kph speed restriction on articulated steering cranes (defined as pick and carry cranes in Class 1 Special Purpose Vehicle Notice) in those jurisdictions where such a restriction does not already exist
2) Renumbering of certain provisions as a result of 1).
2 Authorising Provision
This Notice is made under Section 173 of the Heavy Vehicle National Law.
3 Commencement
This Notice commences 28 days after 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 Vehicle Notice 2016 (No.1).
6 Amendment of primary Notice
(1) In section 3 of Schedule 3 - Queensland, insert:
“(8) A pick and carry crane must not exceed 80kph.”
(2) In section 2 of Schedule 4 – South Australia, insert:
“(13) A pick and carry crane must not exceed 80kph.”
(3) In section 2 of Schedule 5 - Tasmania, insert:
“(4) A pick and carry crane must not exceed 80kph.”
(4) In section 3 of Schedule 6 - Victoria, insert:
“(4) A pick and carry crane must not exceed 80kph.”
Dated: 23 March 2018
Roger Garcia
Acting Executive Director (Access Operations)
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law National Class 1 Special Purpose Vehicle Notice 2016 (No 1) Amendment Notice 2018 (No. 1) was enacted to address the need for a uniform speed restriction on certain categories of special purpose vehicles, specifically articulated steering cranes, across jurisdictions that did not previously enforce such restrictions. This amendment notice was made under Section 173 of the Heavy Vehicle National Law and aims to enhance safety and consistency in speed regulations for these vehicles nationwide. The Notice came into effect 28 days after its publication on 23 March 2018 and will remain in force until the primary notice it amends expires or ceases to operate. The primary objective of this amendment is to ensure that pick and carry cranes, a type of articulated steering crane, do not exceed 80 kilometres per hour in jurisdictions where such a speed limit was not previously in place, thereby standardising speed regulations and improving road safety.
Scope and Application
The Heavy Vehicle National Law National Class 1 Special Purpose Vehicle Notice 2016 (No 1) Amendment Notice 2018 (No. 1) Statutory Instrument Series Class 1/3 Heavy Vehicle Exemption Notice – Amendment Notice is a legislative instrument designed to introduce amendments to certain schedules of the primary notice. This amendment specifically targets articulated steering cranes, which are categorised as pick and carry cranes under the Class 1 Special Purpose Vehicle Notice, by imposing a uniform 80kph speed restriction on these vehicles in jurisdictions where such restrictions do not already exist. The Notice is made under Section 173 of the Heavy Vehicle National Law and it commences 28 days after its publication. It will remain in effect until the primary notice expires or otherwise ceases to operate. The Notice also includes renumbering of certain provisions to reflect the newly introduced clauses. The amendments apply to the specified states of Queensland, South Australia, Tasmania, and Victoria, thereby ensuring a consistent approach to the regulation of speed limits for pick and carry cranes across these jurisdictions.
Key Provisions
This Notice amends the National Class 1 Special Purpose Vehicle Notice 2016 (No. 1) to introduce a uniform restriction on the speed of certain categories of special purpose vehicles, specifically pick and carry cranes, across various jurisdictions in Australia. The primary changes are the addition of clauses that enforce an 80kph speed limit on articulated steering cranes in Queensland, South Australia, Tasmania, and Victoria, where such restrictions were previously absent (Schedule 3, 4, 5, and 6 respectively). This uniform speed restriction aims to enhance safety and compliance standards across different states. The amendments also involve renumbering certain provisions to accommodate the new clauses.
The obligations imposed by this Notice are straightforward: operators of pick and carry cranes in the specified jurisdictions must adhere to the 80kph speed limit. This requirement applies to all articulated steering cranes, as defined within the primary Notice. Operators must ensure their vehicles comply with these speed restrictions to avoid legal repercussions. The Notice is designed to streamline compliance by establishing a consistent standard across the relevant states, thereby reducing jurisdictional discrepancies and enhancing overall safety.
Failure to comply with the speed restrictions outlined in this Notice may result in civil or criminal consequences. Although the specific penalties are not detailed in the Notice, breaches of heavy vehicle regulations under the Heavy Vehicle National Law can lead to significant fines and other legal penalties. The exact penalties would be determined in accordance with the relevant state or territory laws, but they may include hefty fines, demerit points, and potential vehicle impoundment. It is imperative for operators to understand and adhere to these new speed restrictions to avoid any legal ramifications.