Heavy Vehicle National Law - National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.1)

Overview

The National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.1) was enacted to address the problem of reduced access to roads by the general public during the COVID-19 Emergency, allowing for the suspension of certain travel condition restrictions on heavy vehicle travel times. This Notice was made under section 23 of Schedule 1 of the Heavy Vehicle National Law (HVNL) and was issued by the National Heavy Vehicle Regulator, Peter Caprioli, the Executive Director of Freight and Supply Chain Productivity. The policy objective of this Notice is to provide flexibility in heavy vehicle travel times during public holidays to accommodate the changes in public access to roads due to the pandemic. This derestriction applies to heavy vehicles operating under specific authorities under the HVNL, such as Class 1 or Class 3 exemptions, Class 2 authorisations, and Higher Mass Limit Declarations. The Notice exempts vehicles from travel restrictions specifically relating to public holidays, such as Easter and Christmas, while maintaining other restrictions that do not specifically apply to public holidays, like school hours and night-time movement restrictions. The Notice is in effect from 9 April 2020 until 30 April 2020, and relevant details of public holiday restrictions and de-restrictions are available on the websites of the Road Authorities.

Scope and Application

The National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 applies to heavy vehicles operating under specific authorities on roads within the participating jurisdictions of Victoria and New South Wales. This includes all roads managed by the respective Road Authorities in these states, such as state-controlled roads, motorways, and freeways, as well as any roads managed by other specified Road Managers where outlined in the Schedule for the relevant jurisdiction. The Notice applies to heavy vehicles operating under relevant authorities, such as Class 1 or Class 3 exemptions, Class 2 authorisations, and Higher Mass Limit Declarations issued under the Heavy Vehicle National Law. This Notice removes certain travel condition restrictions on heavy vehicle travel times during public holidays and specified times, which typically aim to reduce heavy vehicle traffic during peak holiday periods. However, the de-restriction does not extend to other travel restrictions, such as those related to school hours, general night-time movement, or specific days of the week. The Notice is in effect from 9 April 2020 until 30 April 2020, and may be subject to extensions or modifications through subordinate instruments if necessary.

Key Provisions

The main sections of this Notice outline the suspension of certain travel restrictions for heavy vehicles during the COVID-19 Emergency. Specifically, Section 9(1) indicates that travel time restrictions related to public holidays, such as Easter and Christmas, are no longer applicable for heavy vehicles operating under a relevant authority (s9(1)). This includes vehicles with Class 1 or Class 3 exemptions, Class 2 authorisations, and Higher Mass Limit Declarations (s8). However, it is crucial to note that this de-restriction does not apply to travel restrictions that do not specifically pertain to public holidays, such as school hours travel restrictions or general night-time movement restrictions (s9(2)). The obligations imposed by this Notice on the parties governed by it include ensuring compliance with the suspended travel restrictions as outlined. Heavy vehicle operators must adhere to the conditions of their relevant authorities (s8) and remain aware of any additional travel restrictions that remain in effect (s9(2)). Road Authorities, such as VicRoads in Victoria and Transport for New South Wales, are responsible for communicating any specific details of public holiday restrictions and de-restrictions to vehicle operators (s7(1)(a)). There are no explicit offences, penalties, or civil/criminal consequences outlined in this Notice for breaches of the suspended travel conditions. However, any general obligations under the Heavy Vehicle National Law (HVNL) remain in effect, and failure to comply with these could result in penalties under the HVNL. Operators found to be in breach of the remaining travel restrictions, such as those outside the scope of this Notice, could face enforcement actions as per the HVNL provisions.