Heavy Vehicle National Law - National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.3)

Overview

The National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No. 3) was enacted to address the issue of reduced access to roads by the general public during the COVID-19 Emergency, which led to decreased heavy vehicle traffic at peak holiday travel times. This Notice was introduced under section 23 of Schedule 1 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction and commenced on 1 June 2020. Its purpose is to suspend certain travel condition restrictions on heavy vehicle travel times during public holidays and at other specified times. This Notice replaces the National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No. 2), and it should be noted that New South Wales no longer participates in this edition of the Notice. The policy objective is to facilitate the movement of heavy vehicles during the COVID-19 Emergency by de-restricting travel times on public holidays. This Notice applies to any heavy vehicle operating under a relevant authority on specified roads and categories of roads, including State controlled roads, motorways, and freeways. It is pertinent to mention that if a participating jurisdiction does not have a Schedule, only the body of this Notice applies to vehicles operating in that jurisdiction. The Notice de-restricts travel conditions relating specifically to public holidays as declared in relevant jurisdictions, while travel restrictions that do not specifically apply to public holidays remain in effect. A Road Authority may publish specific details of public holiday restrictions and de-restrictions on their website.

Scope and Application

The National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.3) applies to heavy vehicles operating under relevant authorities on roads managed by the Road Authority in participating states and territories. This Notice is specifically applicable to Class 1 or Class 3 exemptions, Class 2 authorisations, and Higher Mass Limit Declarations issued under the Heavy Vehicle National Law. These vehicles are exempt from certain travel time restrictions on State controlled roads during public holidays such as Easter and Christmas, and at other specified times, but only if the restrictions are related specifically to those public holidays. The Notice does not, however, affect other travel restrictions that apply during school hours, at night, or on particular days of the week. This Notice applies to roads for which a Road Authority is the Road Manager, including state controlled roads, motorways, and freeways, and it is made under section 23 of Schedule 1 of the Heavy Vehicle National Law as in force in each participating jurisdiction. Notably, New South Wales no longer participates in this edition of the Notice. This Notice replaces the National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.2), and it commenced on 1 June 2020, expiring on 30 June 2020.

Key Provisions

The main operative sections of this Notice (sections 7, 8, and 9) specify the scope of the derestriction on travel conditions for heavy vehicles during the COVID-19 Emergency. Section 7 outlines the types of roads and categories of roads to which the Notice applies, including state controlled roads, motorways, and freeways managed by the Road Authority in participating jurisdictions. Section 8 identifies the relevant authorities, which include Class 1 or Class 3 exemptions, Class 2 authorisations, and Higher Mass Limit Declarations issued under the Heavy Vehicle National Law (HVNL). Section 9 details the derestriction of travel conditions specifically related to public holidays, while excluding other time-related restrictions such as school hours, night-time movement, and restrictions on particular days of the week. These sections permit heavy vehicles to operate without the usual restrictions on public holiday travel times during the COVID-19 Emergency. The Notice imposes obligations on the parties it governs, primarily heavy vehicle operators and the Road Authorities. Heavy vehicle operators must adhere to the derestriction of travel conditions for public holidays as specified in section 9, while continuing to comply with all other relevant travel restrictions not covered by this derestriction. Road Authorities are responsible for ensuring that the derestriction is communicated effectively to the operators and for maintaining records of the application of this Notice. Operators must also ensure that their vehicles are operating under a relevant authority as defined in section 8, which includes certain exemptions and authorisations issued under the HVNL. Road Authorities may also provide further details on their websites regarding public holiday restrictions and derestrictions. The Notice does not explicitly state offences, penalties, or consequences for breach. However, any breach of the terms of the relevant authority under which a heavy vehicle is operating, including the unauthorised travel during restricted times, could lead to enforcement actions under the HVNL. Penalties for breaches of the HVNL can include substantial fines and, in severe cases, imprisonment. The specific penalties depend on the nature and severity of the breach and the jurisdiction in which it occurs. Operators are expected to comply with all conditions of their permits and authorisations, and any failure to do so could result in legal consequences under the HVNL.