Heavy Vehicle National Law - National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014 (No. 1) - Amendment Notice 2016 (No. 1)

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Heavy Vehicle National Law

National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014 (No.1) Amendment Notice 2016 (No.1)

Statutory Instrument Series: Administrative Amendment Notice

Part 1 – Preliminary

1                      Purpose

This Notice amends the National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014 (No.1) published in the Commonwealth Gazette on 6 February 2014, and identified as C2014G00234.

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;  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 26 August 2016.

4                      Title

This Notice may be cited as the National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Amendment) Notice 2016 (No.1).

Part 2 – Amendment of National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014 (No.1)

5                      Notice amended

This Part amends the National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014 (No. 1).

6                      Amendment of Title

Title, “National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014 (No. 1)”—

omit, insert—

“Multi-State Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014”

7                      Amendment of Section 3

Section 3,“This Notice may be cited as the National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014 (No. 1). ”—

omit, insert—“ This Notice may be cited as the Multi-State Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014.”.

 

8                      Amendment of Section 9

Section 9, after “New South Wales, ”—

insert—“Queensland, ”.

9                      Amendment of Schedule 1 – New South Wales

Section 3(a) “spreader box”—

omit, insert— “vehicle”.

10                 Insertion of Queensland Schedule  

After Schedule 1 – New South Wales—

insert—

 “SCHEDULE 2 – QUEENSLAND

  1. Areas or routes

(1)         An eligible vehicle must only travel on a route or area shown in the relevant Stated List published in the Commonwealth Gazette, according to the conditions if any for an area; and 

(2)         An eligible vehicle must only travel:

(a)     within the area delimited by “Roadwork Ahead” signs (the construction site), or

(b)     on a route between any two of the following places:

(i)              the construction site,

(ii)            the depot,

(iii)          the stockpile, and

(iv)           the place of overnight lodging of the sealing crew.  

2.      Compliance with equivalent provisions of Schedule 8 

A vehicle must comply with the following provisions of Schedule 8 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (Schedule 8), as if it were a Class 1 Heavy Vehicle—

 

(1)         Fittings to Vehicle

(a)     Section 2(1)(a) and (b) (Warning signs),

(b)     Section 2(1)(c)(ii) and (3) (Warning flags),

(c)      Section 3 (Delineators for projecting loads), and

(d)     Section 5(1)(b), (c) and (2)  (Side markers and warning lights for oversize vehicles used at night).

(2)         Visibility

Section 8 (No travelling if low visibility)

(3)         Use of lights

Section 6 (Headlights)

(4)         Assessing Routes

Section 11 (Assessing route prior to travel)

3.      Enhanced visibility requirements

(1)         Any part of a spreader box that protrudes past the body line of the vehicle must be a highly visible colour such as yellow, orange or red.

(2)         A protrusion past the body line of the vehicle that is less than 500mm high when viewed from the front must have a delineator fixed to it. The delineator must meet the requirements of section 3(3) of Schedule 8, other than width. The delineator must be of the same width as the forward facing protrusion.

(3)         The extremities of any protruding part of the spreader box not already fitted with delineators, side markers or lights, must be fitted with reflectors or reflective tape.

(4)         The operator of a vehicle must ensure that warning devices and markings are clean and visible to other road users before the vehicle travels on a road.

4.      Compliance with temporary road closures or restrictions

Prior to travel along a route, the operator of a vehicle must also ascertain whether the Department of Transport and Main Roads has imposed any temporary restrictions or closures to that route, and must comply with any conditions or restrictions that have been imposed.”  

11                 Amendment of South Australia Schedule (Schedule 2)  

Schedule 2 - South Australia—

omit, insert—

 

“SCHEDULE 3 – SOUTH AUSTRALIA

  1. Areas or routes

An eligible vehicle must only travel— 

(a)     within the area delimited by “Roadwork Ahead” signs (the work site), or

(b)     on a route between any two of the following places:

(i)              the work site,

(ii)            the depot,

(iii)          the stockpile, and

(iv)           the place of overnight lodging of the sealing crew.

2.      Conditions

(1)         An eligible vehicle must have at least one warning light attached that complies with the requirements for warning lights for a class 1 heavy vehicle as set out in sections 35, 36, 37 and 38(1) of Schedule 8 of the Regulation.

(2)         Except when operating within a radius of 1km from a road maintenance or construction site, an eligible vehicle must have–

(a)      a warning sign attached to the front of the vehicle and a warning sign attached to the rear of the vehicle, that show the word “OVERSIZE” and that comply with the requirements for warning signs for a class 1 heavy vehicle as set out in sections 2, 41, 42, 43, 45, 46 and 47 of Schedule 8 of the Regulation; and

(b)      A brightly coloured red, yellow or red and yellow, flag at least 450mm long and at least 450mm wide, at each side of the spreader box.  The flags must be clearly visible at a distance of 100 metres to a person of normal vision.

(3)         An eligible vehicle must not travel during periods of low visibility.

(4)         An eligible vehicle must only travel during daytime.

(5)         An eligible vehicle must not travel in the Adelaide Metropolitan Area between the hours of 7.00am to 9.00am and 4.00pm and 6.00pm, Monday to Friday inclusive.

(6)         For the purposes of this Schedule, the Adelaide Metropolitan Area means the area defined in the map titled ‘Adelaide Metropolitan Area’ published on the Department of Planning, Transport and Infrastructure website.

Note—

the ‘Adelaide Metropolitan Area’ map may be found at at—http:// www.sa.gov.au/topics/transport-travel-and-motoring/heavy-vehicles/operating-a-heavy-vehicle/approved-areas-and-routes-maps”

 

 

12                 Amendment of Tasmanian Schedule (Schedule 3)  

(1)          Title, “SCHEDULE 3 – TASMANIA”—

omit, insert— “SCHEDULE 4 - TASMANIA”.

(2)          Section 5, “spreader box”—

omit, insert— “vehicle”.

 

Dated 24 August 2016

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator

Overview

The Heavy Vehicle National Law National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014 (No.1) Amendment Notice 2016 (No.1), published in the Commonwealth Gazette on 24 August 2016 and identified as C2016G01142, amends the original exemption notice to expand its scope to include Queensland. The Notice was made under the authority of the Heavy Vehicle National Law, specifically Section 117, which allows the Regulator to exempt certain categories of heavy vehicles from compliance with mass or dimension requirements, and Section 23(a) of Schedule 1, which empowers the Regulator to amend or repeal instruments or decisions. This amendment broadens the application of the exemption to include Queensland, aligning it with the multi-state framework of the National Heavy Vehicle Law. The policy objective of this amendment is to facilitate the operation of multi-state heavy vehicles, particularly those with spreader boxes, by providing consistent exemption criteria across participating jurisdictions. By including Queensland in the scope of the exemption, the amendment seeks to streamline regulatory compliance for operators of eligible vehicles travelling through multiple states, thereby enhancing operational efficiency and reducing administrative burdens. The Notice commenced on 26 August 2016 and may be cited as the National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Amendment) Notice 2016 (No.1).

Scope and Application

The National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Amendment) Notice 2016 (No. 1) amends the National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014 (No. 1), modifying the title to the Multi-State Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014. This Notice applies to class 3 heavy vehicles, specifically those with spreader boxes, and governs their permissible dimensions and operational conditions across participating jurisdictions, including New South Wales, Queensland, South Australia, and Tasmania. The Notice exempts these vehicles from certain mass and dimension requirements, provided they adhere to specified conditions and visibility standards, including the use of warning signs, flags, delineators, and lights. The amendment extends to the inclusion of Queensland in the scope of the Notice, with new provisions detailing permissible routes and compliance requirements unique to Queensland, such as adherence to listed routes in the Stated List and compliance with visibility and marking requirements. The Notice also updates South Australian and Tasmanian provisions, enhancing visibility requirements and imposing specific conditions for vehicle operation in South Australia, such as the mandatory use of warning signs, flags, and lights, and restrictions on travel times and areas within the Adelaide Metropolitan Area. The Notice commences on 26 August 2016, and its application is further governed by subordinate instruments that may extend or restrict its provisions.

Key Provisions

The main operative sections of the National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Amendment) Notice 2016 (No. 1) (Notice) are sections 2, 6, 8, 10, 11, and 12, which amend the previous Notice published in 2014. The Notice changes the title of the 2014 Notice to "Multi-State Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014" and includes new schedules for Queensland, South Australia, and Tasmania. Section 9 updates the definition of "spreader box" in the New South Wales Schedule, replacing it with "vehicle." The new Queensland Schedule outlines the areas and routes eligible vehicles can travel, while the South Australia and Tasmania Schedules detail conditions for eligible vehicles, including warning lights, signs, and flags, and restrictions on travel times and areas. The obligations imposed by the Notice are for the parties or entities it governs, primarily heavy vehicle operators. These include ensuring compliance with the specified routes and conditions for each state, attaching necessary warning devices and signs, and adhering to visibility and travel time restrictions. Operators must also ensure that their vehicles meet the visibility requirements outlined in the Notice, including the use of highly visible colours and reflective materials for protruding parts of the vehicle. Additionally, operators must verify that there are no temporary road closures or restrictions imposed by the Department of Transport and Main Roads before travelling. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Notice. However, the obligations imposed are strict and non-compliance could potentially lead to enforcement actions by the authorities, including fines or other penalties as prescribed under the Heavy Vehicle National Law (HVNL). The Notice emphasises the importance of adhering to the specified conditions and requirements to ensure safety and compliance with the law.

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