HEAVY VEHICLE NATIONAL LAW
National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No.4)
- Purpose
The purpose of this Notice is to remove certain travel condition restrictions on heavy vehicle travel times during the COVID-19 human biosecurity emergency (COVID-19 Emergency). The restrictions are those relating to travel on State controlled roads during public holidays, school holidays, and at other specified times. These travel time restrictions normally serve to reduce heavy vehicle traffic at peak holiday travel times. This Notice suspends certain travel conditions in specified permits and Gazette Notices made under the Heavy Vehicle National Law (HVNL) because of reduced access to the roads by the general public during the COVID-19 Emergency.
Note: This Notice replaces the National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.3).
2. Authorising Provision
This Notice is made under section 23 of Schedule 1, of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction.
3. Title
This Notice may be cited as the National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020.
4. Commencement
This Notice commences on 1 July 2020.
5. Expiry
This Notice expires on 31 July 2020.
6. Definitions
1) Unless otherwise stated, words and expressions used in this Notice have the same meanings as in the HVNL.
Road Authority means the following in the following states and territories:
a) Victoria:- VicRoads
7. Application
1) This Notice applies to any heavy vehicle operating under a relevant authority on the following roads, and categories of road:
a) All roads for which a Road Authority is the Road Manager, including but not limited to:
- State controlled roads; and
- Motorways; and
- Freeways.
8. Relevant Authorities
1) The following authorities issued under the Heavy Vehicle National Law, either by permit or Gazette Notice, are relevant authorities for the purposes of this Notice:
a) Class 1 or Class 3 exemptions issued under s117 or s122 of the HVNL; and
b) Class 2 authorisations issued under s138 or s143 of the HVNL; and
c) Higher Mass Limit Declarations issued under s13 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.
9. De-restriction
1) For any vehicle operating under a relevant authority, the following travel conditions do not apply for the duration of this Notice:
a) restrictions to times of travel relating to public holidays and school holidays, as declared in a participating jurisdiction.
2) This de-restriction does not apply to travel restrictions that do not specifically apply to holidays set out in 1), such as:
a) time of day travel restrictions that apply on any day, such as night time movement restrictions that apply on days that are not public holidays or school holidays; or
b) restrictions that apply on any particular day of a week, such as weekends or Sundays.
Note: A Road Authority may publish specific details of holiday restrictions and de-restrictions on their website.
Peter Caprioli
Executive Director (Freight and Supply Chain Productivity)
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law, enacted in 2012, seeks to harmonise heavy vehicle regulations across Australia, ensuring safe and efficient movement of heavy vehicles while minimising regulatory duplication. This law was introduced to address the need for a cohesive approach to heavy vehicle regulation, replacing a myriad of inconsistent state and territory laws with a unified national framework. The National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No. 4) is made under section 23 of Schedule 1 of the Heavy Vehicle National Law, and it aims to remove certain travel condition restrictions on heavy vehicle travel times during the COVID-19 emergency. This suspension of restrictions, effective from 1 July 2020 until 31 July 2020, is in response to the reduced access to roads by the general public during the pandemic, thereby easing the impact on freight operations. This Notice specifically derestricts travel conditions relating to public holidays and school holidays, while maintaining other travel restrictions such as those applicable at night or on weekends.
Scope and Application
The National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 applies to heavy vehicles operating under a relevant authority on roads managed by a Road Authority within participating jurisdictions, including state-controlled roads, motorways, and freeways. The Notice is applicable to heavy vehicles operating under Class 1 or Class 3 exemptions, Class 2 authorisations, and Higher Mass Limit Declarations issued under the Heavy Vehicle National Law. The Notice specifically removes restrictions on travel times for heavy vehicles during public holidays, school holidays, and specified times, but does not affect other travel restrictions such as those imposed at night or on particular days of the week. This Notice is in effect from 1 July 2020 until 31 July 2020 and is made under section 23 of Schedule 1 of the Heavy Vehicle National Law, providing a temporary derestriction to address reduced access to roads during the COVID-19 Emergency.
Key Provisions
The National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No. 4) (the 'Notice') primarily operates to lift restrictions on heavy vehicle travel times during public holidays, school holidays, and other specified times due to the COVID-19 human biosecurity emergency (sections 1, 7, and 9). This is intended to accommodate the reduced road access by the general public during this period. The Notice applies to heavy vehicles operating under specific authorities on roads managed by Road Authorities, including state-controlled roads, motorways, and freeways (section 7). The relevant authorities include Class 1 or Class 3 exemptions, Class 2 authorisations, and Higher Mass Limit Declarations issued under the Heavy Vehicle National Law (HVNL) (section 8).
The Notice imposes a specific obligation on the relevant authorities, which is to lift certain travel restrictions on heavy vehicles for the duration of the Notice. This includes restrictions on travel times relating to public holidays and school holidays as declared in participating jurisdictions (section 9(1)). However, it is important to note that the de-restriction does not apply to all travel restrictions, such as those relating to night-time movement or any particular day of the week (section 9(2)). The Notice also highlights that Road Authorities may provide specific details of holiday restrictions and de-restrictions on their websites.
The Notice does not explicitly outline offences, penalties, or consequences for non-compliance. However, as this Notice is made under section 23 of Schedule 1 of the Heavy Vehicle National Law, any breaches of the provisions may be subject to the penalties and consequences outlined in the HVNL or other related legislation. These could include fines or other enforcement actions by the relevant authorities. The Notice is in effect from 1 July 2020 and expires on 31 July 2020, providing a temporary measure to address the impact of the COVID-19 Emergency on heavy vehicle travel times.