Heavy Vehicle National Law - National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2015 Amendment Notice 2018 (No. 1)

Overview

The Heavy Vehicle National Law National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2015 Amendment Notice 2018 (No. 1) was enacted in 2018 to address a specific issue with invalid speed conditions affecting certain heavy vehicles, namely Road Trains fitted with particular suspension types. This amendment was made to correct the oversight in the initial notice to ensure the safety and compliance of these vehicles on Australian roads. The Notice was issued by the National Heavy Vehicle Regulator, under Section 23 of Schedule 1 of the Heavy Vehicle National Law. The policy objective behind the amendment is to ensure that all vehicles, particularly heavy vehicles, adhere to safe and reasonable speed conditions, thereby enhancing road safety. The Notice became effective immediately upon publication and will remain in force until the primary notice expires or ceases to operate.

Scope and Application

The Heavy Vehicle National Law National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2015 Amendment Notice 2018 (No. 1) is a legislative instrument that applies to entities involved in the operation of Class 2 heavy vehicle road trains within the jurisdiction of Queensland, as specified in the Queensland Schedule of the primary notice. This Amendment Notice specifically targets the removal of invalid speed conditions that had been incorrectly imposed on certain road trains equipped with particular types of suspension. The Notice is made under the authority of Section 23 of Schedule 1 of the Heavy Vehicle National Law, indicating its legislative basis and ensuring that it adheres to the overarching framework established by the law. The Notice commenced on the day of its publication and will remain in effect until the primary notice expires or ceases to operate, thereby ensuring that the invalid speed conditions are rectified without unnecessary delay. This amendment is confined to the Queensland jurisdiction and does not affect other states or territories unless similarly amended by their respective authorities.

Key Provisions

The key operative sections of the Heavy Vehicle National Law National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2015 Amendment Notice 2018 (No. 1) include the definition of the "primary notice" (section 5), the amendment of the primary notice (section 6), and the commencement and expiry of the notice (sections 3 and 4, respectively). This Notice is made under Section 23 of Schedule 1 of the Heavy Vehicle National Law (section 2) and serves to amend certain conditions in the Queensland Schedule of the primary notice by removing an invalid condition on the speed of Road Trains fitted with certain suspension (section 1). The Notice commences on the day of its publication and will expire when the primary notice expires or otherwise ceases to operate (sections 3 and 4). The Notice imposes specific obligations and requirements on the parties and entities it governs. For instance, it removes an invalid condition on the speed of Road Trains fitted with certain suspension. This means that Road Trains with such suspension systems are no longer subject to the invalid speed condition that was previously in place. The Notice aims to ensure that the governing legislation is up-to-date and accurate, and that the requirements imposed on Road Trains and their operators are fair and reasonable. There are no specific offences, penalties, or civil/criminal consequences outlined in this Notice for breach. However, it is important to note that the removal of an invalid condition does not necessarily mean that the Road Trains are now permitted to exceed the speed limit. The Notice simply removes the invalid condition and does not impose any new requirements or restrictions on the operation of Road Trains. It is the responsibility of the operators and owners of Road Trains to ensure that they comply with all relevant legislation and regulations, including any speed limits that may be in place. In summary, the Heavy Vehicle National Law National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2018 (No. 1) serves to amend the Queensland Schedule of the primary notice by removing an invalid condition on the speed of Road Trains fitted with certain suspension. The Notice is made under Section 23 of Schedule 1 of the Heavy Vehicle National Law and commences on the day of its publication. While there are no specific offences, penalties, or consequences for breach outlined in the Notice, it is important for Road Train operators and owners to ensure that they comply with all relevant legislation and regulations.