Overview

The National Heavy Vehicle Standards (Warning Signs for Combinations Longer than 22m) Exemption Notice 2019 (No.1) was introduced to provide transitional arrangements for operators of certain heavy combinations by way of an exemption from the requirements of Part 3, Section 5 of Schedule 3 of the Heavy Vehicle (Vehicle Standards) National Regulation. The notice was enacted to establish a 'status quo' arrangement for a period of two years, commencing on 10 December 2019, to enable operators to transition to the new requirements for warning signs for combinations longer than 22 metres, which were introduced on the same date. This notice was made under section 61 of the Heavy Vehicle National Law as in force in each participating jurisdiction and applies in all participating jurisdictions. The policy objective is to provide a transitional period for operators to comply with the new warning sign requirements, while still ensuring road safety.

Scope and Application

The National Heavy Vehicle Standards (Warning Signs for Combinations Longer than 22m) Exemption Notice 2019 (No.1) serves as a transitional measure for operators of certain heavy combinations under the Heavy Vehicle National Law. It applies to road train combinations longer than 22m but not longer than 30m, combinations that do not include a dog trailer and are longer than 30m but not longer than 36.5m, and combinations that are not road trains but are longer than 30m but not longer than 36.5m. This notice, made under section 61 of the Heavy Vehicle National Law, provides a two-year exemption from specific warning sign requirements in Part 3, Section 5 of Schedule 3 of the Heavy Vehicle (Vehicle Standards) National Regulation, effective from 10 December 2019 until 9 December 2021. It applies across all participating jurisdictions, and while exempt from the specified warning sign requirements, the vehicles must still comply with all other relevant standards and conditions as stipulated in the National Regulation and any applicable access authorities.

Key Provisions

The primary operative sections of this Notice establish an exemption for certain heavy vehicle combinations from the requirements of Part 3, Section 5 of Schedule 3 of the Heavy Vehicle (Vehicle Standards) National Regulation (section 8). Specifically, the Notice applies to road train combinations longer than 22m but not longer than 30m, road train combinations longer than 30m but not longer than 36.5m that do not include a dog trailer, and combinations that are not road trains but are longer than 30m but not longer than 36.5m. These vehicles are exempt from certain warning sign requirements under the National Regulation while operating in accordance with this Notice (section 7). However, they must comply with other conditions, such as displaying appropriate warning signs and adhering to any conditions set by relevant Access authorities (sections 9(1)–(4)). The Notice imposes several obligations on the parties it governs. Road train combinations longer than 22m but not longer than 30m must display a Road Train sign at both the front and rear of the vehicle (section 9(1)). Combinations, other than road trains, that include a dog trailer and are longer than 30m but not longer than 36.5m must display a long vehicle warning sign at the rear (section 9(2)). Additionally, all exempted vehicles must continue to comply with all other requirements of Part 3 of Schedule 3 of the National Regulation and any conditions set by relevant Access authorities (sections 9(3)–(4)). There are no explicit offences, penalties, or civil/criminal consequences mentioned within the Notice itself for breach of its provisions. However, the Notice is made under section 61 of the Heavy Vehicle National Law (section 2), and breaches of the National Law or the National Regulation may result in penalties as outlined in those respective pieces of legislation. For example, the National Regulation includes provisions for infringement notices and other penalties for non-compliance with vehicle standards, which could apply if a vehicle fails to meet the conditions set out in the Notice. The maximum penalties for such breaches are determined by the specific provisions of the National Regulation.