Heavy Vehicle National Law - National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No.7)

Overview

The Heavy Vehicle National Law (HVNL) was enacted in 2012 to provide a uniform legal framework for the regulation of heavy vehicles across Australia. The law was introduced to address the need for a cohesive national approach to the regulation of heavy vehicles, replacing a fragmented system of state and territory laws. The HVNL was enacted by the Parliament of Australia and aims to facilitate the efficient and safe movement of heavy vehicles, while also protecting the interests of road users and the public. The National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No.7) is a temporary measure made under the HVNL to address the unique circumstances posed by the COVID-19 pandemic. The policy objective of this notice is to ease restrictions on heavy vehicle travel times during public holidays and school holidays, in response to reduced access to roads by the general public during the pandemic. The Notice allows for the suspension of certain travel time restrictions on state-controlled roads for heavy vehicles operating under a relevant authority, such as permits or Gazette Notices issued under the HVNL. This derestriction applies to travel during public holidays and school holidays but does not affect other time-of-day travel restrictions that are not specifically related to holidays. The Notice is in effect from 1 October 2020 to 31 October 2020, replacing the previous National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.6). This measure aims to facilitate the movement of heavy vehicles during the COVID-19 Emergency, taking into account the reduced road usage by the general public.

Scope and Application

The National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No.7) applies to heavy vehicles operating under a relevant authority on roads managed by a Road Authority, which includes state-controlled roads, motorways, and freeways. This Notice extends to all jurisdictions participating in the Heavy Vehicle National Law (HVNL), and it specifically addresses travel time restrictions that were previously enforced during public holidays, school holidays, and other specified times. The Notice is applicable to Class 1 or Class 3 exemptions, Class 2 authorisations, and Higher Mass Limit Declarations issued under the HVNL. The de-restriction removes limitations on travel times relating to public holidays and school holidays but does not affect other time-based travel restrictions such as those applicable at night or on particular days of the week. This Notice comes into effect on 1 October 2020 and expires on 31 October 2020, thereby providing temporary relief during the COVID-19 emergency.

Key Provisions

The National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No. 7) (the Notice) serves to remove specific travel condition restrictions on heavy vehicle travel times during the COVID-19 human biosecurity emergency (COVID-19 Emergency) (section 1). These restrictions pertain to travel on state-controlled roads during public holidays, school holidays, and at other specified times, which are typically intended to reduce heavy vehicle traffic at peak holiday travel times (section 1). The Notice applies to any heavy vehicle operating under a relevant authority on the roads managed by a Road Authority, including state controlled roads, motorways, and freeways (sections 7 and 8). The Notice imposes an obligation on relevant authorities, including Class 1 or Class 3 exemptions, Class 2 authorisations, and Higher Mass Limit Declarations, to ensure that the travel conditions specified in the Notice are suspended for the duration of the Notice (section 9). This suspension means that the restrictions to times of travel relating to public holidays and school holidays, as declared in a participating jurisdiction, do not apply during this period (section 9(1)(a)). However, it is crucial to note that this de-restriction does not apply to travel restrictions that do not specifically pertain to holidays, such as time of day travel restrictions or restrictions applying on any particular day of the week (section 9(2)). There are no explicit offences, penalties, or civil/criminal consequences outlined in the Notice for breach of its provisions. However, any breach of the conditions specified under the relevant authorities, which have been suspended by this Notice, could potentially lead to consequences under the Heavy Vehicle National Law, depending on the jurisdiction and the specific conditions of the permit or Gazette Notice in question. The Notice itself does not impose additional penalties beyond the scope of the suspended conditions, and it is effective from 1 October 2020 to 31 October 2020 (sections 4 and 5).