Heavy Vehicle National Law
National Class 2 Heavy Vehicle Controlled Access Bus Authorisation Notice and National Class 3 Heavy Vehicle Controlled Access Bus Dimension Exemption Notice 2014 Amendment Notice 2017 (No.1)
Statutory Instrument Series: Administrative Amendment Notice
Part 1 – Preliminary
1 Purpose
This Notice amends the National Class 2 Heavy Vehicle Controlled Access Bus Authorisation (Notice) 2014 (No.1) and National Class 3 Heavy Vehicle Controlled Access Bus Rear Overhang Dimension Exemption (Notice) 2014 (No.1) published in the Commonwealth Gazette on 6 February 2014, and identified as C2014G00240.
2 Authorising provision
This Notice is made under the following sections of the Heavy Vehicle National Law (HVNL) as applied in each participating jurisdiction—
Section 117 – Regulator's power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement;
Section 138 – Regulator’s power to authorise use of all or stated categories of class 2 heavy vehicles; and
Section 23(a) of Schedule 1, HVNL – Power to make instrument or decision includes power to amend or repeal.
3 Commencement
This Notice commences on 12 January 2017.
4 Title
This Notice may be cited as the National Class 2 Controlled Access Bus Authorisation Notice and National Class 3 Controlled Access Bus Dimension Exemption Notice 2014 Amendment Notice 2016 (No.1)
Part 2 – Amendment of Notice
5 Notice amended
This Part amends the National Class 2 Heavy Vehicle Controlled Access Bus Authorisation (Notice) 2014 (No.1) and National Class 3 Heavy Vehicle Controlled Access Bus Rear Overhang Dimension Exemption (Notice) 2014 (No.1)
6 Amendment of Section 11
Section 11, “other than the Australian Capital Territory”
omit,
7 Insertion of Schedule – Australian Capital Territory
(1) insert—“Schedule 1 – Australian Capital Territory
Class 2 notice
Definitions
In this schedule—
‘approved route’ means a route shown in red on the map titled “Approved routes for 14.5m Controlled Access Bus”, or a route shown in the list titled “Approved routes for 14.5m Controlled Access Bus” displayed on the Transport Canberra and City Services website
‘conditions of travel’ for a route means any restrictions or conditions specified for that route, in the “restrictions/conditions” column of the list titled “Approved routes for 14.5m Controlled Access Bus” displayed on the Transport Canberra and City Services website
Note—
The map and list of approved routes may be found at the following link:
http://www.tccs.act.gov.au/roads-paths/restricted-access-vehicle-networks
Stated areas or routes
- A controlled access bus may travel on an approved route.
Conditions
2. A controlled access bus operating on an approved route must comply with any conditions of travel for that route.”
8 Amendment of Schedule 1 – New South Wales
(1) Schedule 1 – New South Wales
omit, insert—“Schedule 2 – New South Wales
Class 2 notice
Definitions
In this schedule—
‘approved route’ means a route shown on the list of approved routes for controlled access buses displayed on the Roads and Maritime Services website
‘denied route’ means a route shown on the list of denied routes for controlled access buses displayed on the Roads and Maritime Services website
Note—
The list of approved routes and the list of denied routes may be found at the following link:
http://www.rms.nsw.gov.au/business-industry/heavy-vehicles/road-access/restricted-access-vehicles/buses.html
Stated areas or routes
- A controlled access bus may travel on an approved route.
- A controlled access bus must not travel on a denied route.
Note—
A route that is not on either list may not have been assessed for use by controlled access buses. A bus operator must apply to the relevant authority for a permit for travel on such a route.
Conditions
3. A controlled access bus operating on an approved route must comply with the conditions specified for that route in the “condition” column in the list of approved routes.
Class 3 notice
Conditions
4. The rear overhang of a controlled access bus must not be more than the lesser of 4.9m or 70% of the distance between the centre-line of the front axle and the rear overhang line.
5. The exemption applies to the same areas or routes as are authorised under section 1 of this Schedule.
9 Amendment of Schedule 2 – Queensland
(1) Schedule 2 – Queensland
omit, insert—“Schedule 3 – Queensland
Class 2 notice
Definitions
In this schedule—
‘approved route’ means any of the following routes displayed on the Department of Transport and Main Roads website:
“State Road Network of Queensland Map”;
“Schedule A, Part 1 - Local government routes other than Brisbane City Council”; or
“Schedule A, Part 2 - Brisbane City Council routes”.
‘denied route’ means “Schedule B - State Controlled Roads Not Suitable for Controlled Access Buses” displayed on the Department of Transport and Main Roads website.
Note—
The State Road Network of Queensland Map may be found at the following link: http://www.tmr.qld.gov.au/Travel-and-transport/Maps-and-guides/Queensland-State-controlled-roads-and-region-maps
Schedules A Part 1, A Part 2 and Schedule B may be found at the following link: http://www.tmr.qld.gov.au/business-industry/Heavy-vehicles/Heavy-vehicle-guidelines-and-class-permits
Stated areas or routes
- A controlled access bus may travel on an approved route.
- A controlled access bus must not travel on a denied route.
Note—
A route that is not on any list may not have been assessed for use by controlled access buses. A bus operator must apply to the relevant authority for a permit for travel on such a route.
Class 3 notice
Conditions
3. The rear overhang of a controlled access bus must not be more than the lesser of 4.7m or 70% of the distance between the centre-line of the front axle and the rear overhang line.
4. The exemption applies to the same areas or routes as are authorised under section 1 of this Schedule.
10 Amendment of Schedule 3 – South Australia
(1) Title— “3”
omit, insert— “4”
11 Amendment of Schedule 4 – Tasmania
(1) Title— “4”
omit, insert— “5”
12 Amendment of Schedule 5 – Victoria
(1) Schedule 5 - Victoria
omit, insert—“Schedule 6 – Victoria
Definitions
‘approved route’ means an arterial route shown in green on the map titled “Controlled Access Buses” on the “heavy vehicle map networks in Victoria” page on the VicRoads website
‘prohibited route’ means an arterial route shown in red on the map titled “Controlled Access Buses” on the “heavy vehicle map networks in Victoria” page on the VicRoads website
Note— The “Heavy vehicle map networks In Victoria” page may be found at the following link: https://www.vicroads.vic.gov.au/business-and-industry/heavy-vehicle-industry/heavy-vehicle-map-networks-in-victoria
Class 2 notice
Stated areas or routes
- A controlled access bus may travel on an approved route.
- A controlled access bus must not travel on a prohibited route.
Note—
For travel on a route other than an arterial route, an operator must apply to the relevant authority for a permit for travel on such a route.
Class 3 notice
Definition
‘eligible vehicle’ means a controlled access bus that has a rear overhang no more than the lesser of 4.3m or 60% of the distance between the centre-line of the front axle and the rear overhang line.
Stated areas or routes
3. An eligible vehicle may travel on an approved route.
4. An eligible vehicle may not travel on a prohibited route.
Note— For travel on a route other than an arterial route, an operator must apply to the relevant authority for a permit to travel on such a route. ”
Dated: 16 December 2016.
Peter Caprioli
Executive Director, Access
National Heavy Vehicle Regulator