Heavy Vehicle National Law - National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No.5)

Overview

The Heavy Vehicle National Law National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No. 5) was introduced to address the issue of heavy vehicle travel restrictions during the COVID-19 human biosecurity emergency. This notice, enacted under section 23 of Schedule 1 of the Heavy Vehicle National Law as in force in each participating jurisdiction, came into effect on 1 August 2020 and expired on 31 August 2020. The policy objective was to suspend certain travel condition restrictions on heavy vehicles that typically apply on State controlled roads during public holidays, school holidays, and at other specified times. This suspension was enacted due to reduced access to roads by the general public during the COVID-19 Emergency, which subsequently reduced the need for such restrictions on heavy vehicle traffic. The Notice applied to any heavy vehicle operating under a relevant authority on state-controlled roads, motorways, and freeways within the participating jurisdictions.

Scope and Application

The National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No.5) applies to heavy vehicles operating under a relevant authority on roads managed by a Road Authority in participating jurisdictions, including state-controlled roads, motorways, and freeways. This Notice is specifically designed to suspend certain travel time restrictions that are typically in place to manage heavy vehicle traffic during public holidays and school holidays, as a result of the COVID-19 Emergency. It applies to Class 1 or Class 3 exemptions, Class 2 authorisations, and Higher Mass Limit Declarations issued under the Heavy Vehicle National Law (HVNL). The de-restriction covers only the restrictions related to travel times during public holidays and school holidays, while other travel restrictions such as those applying at night or on specific days of the week remain in effect. This Notice is applicable across jurisdictions participating in the HVNL and is in force from 1 August 2020 until 31 August 2020, as specified by section 23 of Schedule 1 of the HVNL.

Key Provisions

The key operative sections of the National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No. 5) (Notice) primarily concern the suspension of certain travel time restrictions for heavy vehicles during public holidays and school holidays in light of the COVID-19 human biosecurity emergency (sections 6 and 9). This Notice aims to facilitate smoother heavy vehicle travel during these periods by removing the specified time restrictions that would normally be in place to reduce heavy vehicle traffic during peak holiday times. Specifically, section 9(1) of the Notice states that restrictions on times of travel relating to public holidays and school holidays, as declared in a participating jurisdiction, do not apply for the duration of this Notice. However, it is crucial to note that this de-restriction does not extend to other travel restrictions that are not specifically tied to holidays (section 9(2)). The Notice imposes obligations on the Road Authorities in the participating jurisdictions to ensure compliance with the de-restrictions for heavy vehicle travel. These Road Authorities, such as VicRoads in Victoria, are responsible for managing the relevant roads and must ensure that the de-restrictions are clearly communicated to permit holders and the public. The Notice also requires these authorities to provide specific details of holiday restrictions and de-restrictions on their websites, as indicated in the Note to section 9. Additionally, any heavy vehicle operating under a relevant authority must adhere to the conditions specified in the Notice to avoid potential legal consequences. Breach of the provisions in this Notice could result in civil or criminal penalties, depending on the severity and intent of the violation. The Notice does not explicitly state the specific penalties for non-compliance; however, it is implied that any infringement of the conditions set out in the Notice could lead to enforcement actions. Such actions may include fines, revocation of permits, or other legal repercussions as determined by the Road Authorities. It is essential for permit holders to be fully aware of the Notice and to ensure that their operations comply with its provisions to avoid any legal issues.