Heavy Vehicle National Law - National Class 3 Vehicle Carrier Exemption Notice 2019 (No. 1)

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Legislation au C2019G00108 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Class 3 Vehicle Carrier Exemption Notice 2019 (No. 1)

 

Purpose

 

The purpose of this Notice is to exempt the stated categories of class 3 heavy vehicles from the stated dimension requirements of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation) specified in the Notice, subject to the conditions specified in this Notice.

 

Note: This Notice replaces the National Class 3 Heavy Vehicle - Vehicle Carrier Exemption (Notice) 2014 (No. 1).

 

Authorising Provision

 

  1. This Notice is made under section 117 of the Heavy Vehicle National Law as in force in each state or territory and section 69(1) of the Heavy Vehicle (General) National Regulation.
     

Title

 

2.      This Notice may be cited as the National Class 3 Vehicle Carrier Exemption Notice 2019.

 

Commencement

 

3.       This Notice commences on 10 February 2019.

 

Expiry

 

4.       This Notice expires on 9 February 2024.

 

Definition

 

5.      Unless otherwise stated, words and expressions used in this Notice have the same meanings as in the Heavy Vehicle National Law (HVNL) or regulations made under the HVNL.
 

6.       In this Notice—

 

‘National Class 2 B-double Authorisation Notice’ means the current national notice of that name providing access to Class 2 B-Doubles.

 

‘National Class 2 Road Train Authorisation Notice’ means the current national notice of that name providing access to Class 2 Road Trains.

 

 

 

 

‘vehicle carrier’ means a heavy vehicle that is a combination designed and built to carry vehicles on more than one deck that is higher than 4.3m but not higher than 4.6m and is either:

 

(a)    a B-double that together with its load is longer than 25m but not longer than 26m, and complies with section 3(3) of Schedule 6 of the Regulation; or

(b)    a truck towing one trailer, where the combination together with its load is longer than 25m, but not longer than 31.5m (an ‘eligible truck and trailer combination’).

 

 

‘stated areas or routes’ means the stated areas or routes referred to in a document incorporated in Appendix 1.
 

‘stated hours of stated days’ means the stated hours of stated days referred to in a document incorporated in Appendix 1.
 

Application

7.       This Notice applies to—

a)      a vehicle carrier that is a B-double in New South Wales, Queensland, South Australia and Tasmania; and

b)      an eligible truck and trailer combination in Queensland

 

Exemption from prescribed dimension requirement

8.       This Notice exempts—

a)      a B-double that is a vehicle carrier from the dimension limit prescribed in section 3(1)(d) of the Regulation; and

b)      an eligible truck and trailer combination from the dimension limit prescribed in section 3(1)(a) of the Regulation.

Conditions

9.       A vehicle carrier to which this notice applies must comply with the conditions mentioned in the Schedules to this Notice.

 

Condition - Areas or routes

10.   This notice applies in the areas or routes set out in the Schedules to this notice.

 

Route and Areas

11.   A vehicle carrier to which this notice applies may travel on the routes set out in the Schedules to this Notice

 

.

Peter Caprioli

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator

 


Schedule 1 - New South Wales

 

Stated areas or routes

  1. A B-double that is not more than 4.3m high may use:

 

a)      the National Class 2 B-double Authorisation Notice, or

b)      the National Class 2 Road Train Authorisation Notice.

2.       A B-double that is more than 4.3m high but not more than 4.6m high may use the routes set out in Appendix 1 to this Schedule.

 

Stated hours or stated days

3.       A B-double that is authorised to use the routes specified in clause 1 must do so in accordance with any restrictions on the hours and days of operation specified in the NSW Schedule of:

 

a)      the National Class 2 B-double Authorisation Notice, or

b)      the National Class 2 Road Train Authorisation Notice.

 

Conditions

4.       A B-double must comply with any conditions applicable to a route described in clause 1   as set out in the NSW Schedule of:

 

a)      the National Class 2 B-double Authorisation Notice, or

b)      the National Class 2 Road Train Authorisation Notice.

 

 

Appendix 1

 

Map and/or list of routes as specified under the following network as published by the New South Wales Roads and Maritime Services.

 

“Restricted Access Vehicle maps and lists”

 

 

 

 

 


Schedule 2 – Queensland

 

Part 1 – 26m B-double vehicle carriers

 

Stated areas or routes

  1. A B-double that is not longer than 26m may use the routes and areas for 25m B-doubles shown on the Multi-combination Routes in Queensland maps and the list of additional routes set out in Appendix 1.
  2. A B-double that is higher than 4.3m may not use a road where there is insufficient height clearance for the combination to pass without striking or damaging any road infrastructure.  

Note:  The driver of a Vehicle Carrier that is higher than 4.3m must assess the suitability of a road prior to operating the vehicle on that road. The roads used must be continually monitored to ensure sufficient clearance for the vehicle exists.

 

Stated hours of stated days

3.       A B-double that is authorised to use the routes and areas specified in clause 1 must do so in accordance with any restrictions on the hours and days of operation specified in the relevant documents.

 

Conditions

4.       A B-double must comply with—  

a)      any conditions applicable to a route or area described in clause 1 specified in the relevant documents; and

b)      the conditions set out in Schedule 2 of the National Class 2 B-double Authorisation Notice.

 

Part 2 - Eligible truck and trailer combination vehicle carriers

 

Stated areas or routes

5.       An eligible truck and trailer combination—  

a)      may only use the Type 1 and Type 2 road train routes and areas set out in Appendix 1; and

b)      must comply with any conditions specified on the maps for a route or area mentioned in clause 6(a); and

c)       that is higher than 4.3m may not use a road where there is insufficient height clearance for the combination to pass without striking or damaging any road infrastructure. 

Note:  The driver of a Vehicle Carrier that is higher than 4.3m must assess the suitability of a road prior to operating the vehicle on that road. The roads used must be continually monitored to ensure sufficient clearance for the vehicle exists.

 

 

 

Conditions

6.       An eligible truck and trailer combination must comply with the conditions in Schedule 3 of the Queensland Class 3 Truck Towing One Trailer Exceeding 19m Up To 31.5m Mass and Dimension Exemption Notice.

 

Appendix 1

 

Routes and areas for 25m B-doubles shown on the Multi-combination Routes in Queensland maps and the list of additional routes

 

Type 1 and Type 2 road train routes and areas shown on the Multi-combination Routes in Queensland maps.

Note: The routes set out in this appendix are published by the Queensland

 

 Department of Transport and Main Roads and are published on its website.

 


Schedule 3 - South Australia

 

Stated areas or routes

  1. A Vehicle Carrier that is used in a B-double combination must only use a route approved for a  B-double that is not longer than 26m in Schedule 3 the National Class 2 Heavy Vehicle B-double Authorisation Notice.

 

Stated hours of stated days

2.       A B-double that is authorised to use the routes specified in clause 1 must do so in accordance with any restrictions on the hours and days of operation specified for those routes.

 

Conditions

3.       A B-double, as constructed, must not be higher than 4.3m.

4.       Vehicles must not be carried on an upper deck unless each deck below is fully loaded.

5.       A B-double must comply with the conditions set out in the South Australia Schedule of the National Class 2 Heavy Vehicle B-double Authorisation Notice.


Schedule 4 - Tasmania

Stated areas or routes

  1. Subject to clause 2 of this Schedule, a Vehicle Carrier that is configured as a B-double combination may only use the areas or routes that are detailed in the Tasmanian 26 metre B-double Route Network map specified in Appendix 1.
  2. A B-double must not use—

a)      Tasman Bridge if the vehicle is higher than 4.3m;

b)      Bridgewater Bridge, if the vehicle is higher than 4.3m; or

c)       Any other road where there is insufficient height clearance for the vehicle to pass without striking or damaging any road infrastructure

 

Note: the driver of a Vehicle Carrier that is higher than 4.3m must assess the suitability of a road prior to operating the vehicle on that road using the maps specified in Appendix 1 to ensure sufficient clearance for the vehicle exists.

 

Stated hours of stated days

3.       A B-double that is authorised to use the areas or routes specified in clause 1 must do so in accordance with any restrictions on the hours and days of operation, specified in the National Class 2 B-double Authorisation Notice and in the B-double network map specified in Appendix 1. Conditions

4.       A B-double that is authorised to use the routes specified in clause 1 must comply with the conditions about the operation of the vehicle specified in the National Class 2 B-Double Authorisation Notice and in the B-double network map specified in Appendix 1.

5.       A B-double must be no higher than 4.3m when not loaded on more than one deck.

Appendix 1

Tasmanian 26 metre B-double Network Map

Height Clearance Under Overhead Structures Map

 

Note: The maps and networks referred to in this appendix are published by the Tasmania Department of State Growth and are available on its website.

 

Overview

The National Class 3 Vehicle Carrier Exemption Notice 2019 (No. 1) was introduced to provide specific exemptions from the dimension requirements of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation for certain types of heavy vehicles. This Notice, which comes into effect on 10 February 2019 and will expire on 9 February 2024, was made under section 117 of the Heavy Vehicle National Law and section 69(1) of the Heavy Vehicle (General) National Regulation. Its purpose is to exempt specified categories of class 3 heavy vehicles from particular dimension requirements, subject to certain conditions. This Notice replaces the previous National Class 3 Heavy Vehicle - Vehicle Carrier Exemption (Notice) 2014 (No. 1). The exemption applies to vehicle carriers in New South Wales, Queensland, South Australia, and Tasmania, with specific conditions governing their operation, including the areas and routes they can travel on, the hours of operation, and other operational conditions. The Notice ensures that vehicle carriers can operate under certain exemptions while maintaining safety and compliance standards.

Scope and Application

The National Class 3 Vehicle Carrier Exemption Notice 2019 applies to specific classes of heavy vehicles in New South Wales, Queensland, South Australia, and Tasmania, exempting them from certain dimension requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This Notice specifically exempts B-double vehicles and eligible truck and trailer combinations from dimension limits, provided they adhere to the conditions set out in the various schedules. The exemption is subject to specific conditions, including adherence to designated routes and areas, compliance with height and length restrictions, and observance of specified operating hours. The Notice applies to B-doubles in New South Wales, Queensland, South Australia, and Tasmania, and to eligible truck and trailer combinations in Queensland. The Notice further stipulates that vehicle carriers must be assessed for suitability prior to operating on any road, ensuring sufficient clearance to prevent damage to road infrastructure. The Notice is in effect from 10 February 2019 until 9 February 2024, and its application is subject to the conditions and schedules specified in the various state-based appendices.

Key Provisions

The National Class 3 Vehicle Carrier Exemption Notice 2019 (No. 1) outlines the exemptions from certain dimension requirements for specific types of heavy vehicles, such as B-doubles and eligible truck and trailer combinations, under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. The Notice applies to vehicle carriers in New South Wales, Queensland, South Australia, and Tasmania, providing them with exemptions from certain dimension limits (sections 8(a) and 8(b)). It is important to note that these exemptions are subject to specific conditions and limitations outlined in the Notice, as well as in the relevant schedules and appendices. The Notice also specifies the areas and routes where these vehicle carriers can operate, as well as the hours and days they are allowed to do so (sections 10 and 11). The Notice imposes several obligations on the parties or entities it governs. For instance, vehicle carriers must comply with the conditions mentioned in the Schedules to the Notice, such as the specified areas or routes, hours and days of operation, and any additional conditions applicable to a route or area (section 9). Furthermore, vehicle carriers must ensure that they do not exceed the height and length limitations specified in the Notice and comply with any other conditions set out in the relevant schedules or appendices. Additionally, the driver of a vehicle carrier that is higher than 4.3m must assess the suitability of a road prior to operating the vehicle on that road and must ensure that sufficient clearance exists for the vehicle to pass without striking or damaging any road infrastructure (Schedules 1 to 4). Breach of the conditions specified in the Notice may result in various consequences. Although the Notice does not explicitly outline the penalties for non-compliance, the Heavy Vehicle National Law and the Heavy Vehicle (General) National Regulation, under which the Notice is made, provide for potential offences, penalties, and civil/criminal consequences. For example, section 256 of the Heavy Vehicle National Law sets out the general offence for contravening a regulation or a condition of an authorisation, which carries a maximum penalty of 500 penalty units for an individual and 2,500 penalty units for a body corporate. Additionally, section 257 of the Heavy Vehicle National Law outlines the offence for driving a heavy vehicle that does not comply with the requirements of the law or the conditions of an authorisation, which carries a maximum penalty of 500 penalty units for an individual and 2,500 penalty units for a body corporate. It is important for parties and entities governed by the Notice to adhere to the conditions and requirements outlined in the Notice to avoid potential penalties and consequences.

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