Heavy Vehicle National Law - National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No.6)

Overview

The Heavy Vehicle National Law National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No. 6) was introduced by the National Heavy Vehicle Regulator to address the challenges faced by the heavy vehicle industry during the COVID-19 pandemic. This legislation, enacted under section 23 of Schedule 1 of the Heavy Vehicle National Law, aims to temporarily remove certain travel condition restrictions on heavy vehicles, specifically those related to travel on state-controlled roads during public holidays, school holidays, and other specified times, to accommodate the reduced access to roads by the general public due to the pandemic. This Notice, which commences on 1 September 2020 and expires on 30 September 2020, replaces the previous National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No. 5). The policy objective is to facilitate smoother and more efficient heavy vehicle operations during this extraordinary period. This derestriction applies to heavy vehicles operating under relevant authorities, including Class 1 or Class 3 exemptions and Class 2 authorisations issued under the Heavy Vehicle National Law, as well as Higher Mass Limit Declarations issued under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. However, it is important to note that this derestriction does not apply to travel restrictions that are not specifically related to holidays, such as time-of-day travel restrictions or restrictions that apply on any particular day of the week. Road Authorities may provide further details on their websites regarding these holiday restrictions and de-restrictions.

Scope and Application

The National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No.6) applies to heavy vehicles operating under specific authorities on all roads managed by a Road Authority in participating jurisdictions, including State-controlled roads, motorways, and freeways. This Notice is relevant for authorities such as Class 1 or Class 3 exemptions, Class 2 authorisations, and Higher Mass Limit Declarations issued under the Heavy Vehicle National Law. The Notice removes travel time restrictions specifically related to public holidays and school holidays, but does not affect other time-based or day-of-the-week travel restrictions. This Notice is effective from 1 September 2020 until 30 September 2020, and is made under section 23 of Schedule 1 of the Heavy Vehicle National Law as in force in each participating jurisdiction. Subordinate instruments may further detail the specific conditions and exemptions outlined in the Notice.

Key Provisions

This Notice, made under section 23 of Schedule 1 of the Heavy Vehicle National Law (HVNL), serves to lift certain restrictions on heavy vehicle travel times during public and school holidays as a response to the COVID-19 human biosecurity emergency (section 2). Specifically, section 9(1) of the Notice indicates that restrictions relating to the times of travel during public holidays and school holidays are no longer applicable for vehicles operating under relevant authorities (section 8). The Notice applies to heavy vehicles on roads managed by a Road Authority, which includes State controlled roads, motorways, and freeways (section 7). It is important to note that this de-restriction does not extend to other travel restrictions, such as those that apply on any day of the week or at specific times of day that are not holiday-related (section 9(2)). The Notice imposes obligations on parties who operate heavy vehicles under relevant authorities, ensuring that the lifted restrictions are observed and adhered to during the period of this Notice. Operators must ensure that their vehicles are compliant with the terms of the Notice, particularly in terms of the travel times that are now unrestricted. Road Authorities are tasked with ensuring the implementation and monitoring of these lifted restrictions, and may provide further details regarding holiday restrictions and de-restrictions on their respective websites (section 9, Note). Breaching the terms of this Notice could potentially lead to civil or criminal penalties, as the Notice is made under the Heavy Vehicle National Law. While specific penalties are not outlined in the Notice itself, the HVNL generally provides for a range of sanctions for non-compliance, including fines and potential disqualification from holding a relevant authority. It is important for operators and Road Authorities to be aware of these potential consequences to ensure compliance with the Notice and the overarching objectives of the HVNL.