Heavy Vehicle National Law
New South Wales Class 1 Special Purpose Vehicle Notice 2014
Amendment Notice 2017 (No. 1)
Statutory Instrument Series
Instrument Carried Over From Former Legislation - Amendment Notice
1 Purpose
The purpose of this Notice is to amend certain public holiday travel conditions contained in the New South Wales Class 1 Special Purpose Vehicle Notice 2014
Note- The amendments in this Notice lift existing public holiday travel restrictions on state controlled roads under the primary notice.
2 Authorising Provision
This Notice is made under Section 23 of Schedule 1 of the Heavy Vehicle National Law.
3 Commencement
This Notice commences on the day of its publication.
4 Expiry
This Notice expires when the primary notice expires or otherwise ceases to operate.
5 Definitions
In this Notice—
primary notice means the Class 1 Special Purpose Vehicles Notice 2014 (NSW)
6 Amendment of primary Notice
(1) Appendix 2 of the primary notice is amended as follows:
(a) Subsection 1.1.6, omit.
(b) Subsection 2.6, omit.
DATED: 7 November 2017
Peter Caprioli
Executive Director Access
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law New South Wales Class 1 Special Purpose Vehicle Notice 2014 Amendment Notice 2017 (No. 1) was enacted in 2017 to amend certain public holiday travel conditions previously set out in the New South Wales Class 1 Special Purpose Vehicle Notice 2014. This amendment was introduced to address the need to lift existing restrictions on public holidays for state-controlled roads, thereby enhancing flexibility and operational efficiency for special purpose vehicles within the specified category. The Notice was made under Section 23 of Schedule 1 of the Heavy Vehicle National Law and commenced on the day of its publication. The policy objective of these amendments is to remove the specified restrictions, allowing for greater movement of Class 1 Special Purpose Vehicles on state-controlled roads during public holidays. The Notice will remain in effect until the primary notice expires or otherwise ceases to operate.
Scope and Application
The New South Wales Class 1 Special Purpose Vehicle Notice 2014 Amendment Notice 2017 (No. 1) pertains specifically to the amendments of the New South Wales Class 1 Special Purpose Vehicles Notice 2014, which governs the operation of certain heavy vehicles in New South Wales. This Notice applies to entities and individuals involved in the operation of Class 1 Special Purpose Vehicles in New South Wales, thereby impacting industries such as emergency services, specialised transport, and other sectors requiring the use of such vehicles. The amendments lift existing public holiday travel restrictions on state-controlled roads, affecting the conduct and operations of these vehicles during specified times. Geographically, the Notice operates within the jurisdiction of New South Wales, aligning with the broader framework of the Heavy Vehicle National Law. The Notice does not explicitly state any exclusions or exemptions but modifies existing conditions as outlined in the primary Notice. The application and scope of the Notice may be further extended or restricted through subordinate instruments as per the authorisation provided under Section 23 of Schedule 1 of the Heavy Vehicle National Law.
Key Provisions
The Heavy Vehicle National Law New South Wales Class 1 Special Purpose Vehicle Notice 2014 Amendment Notice 2017 (No. 1) primarily amends the public holiday travel conditions that were previously outlined in the New South Wales Class 1 Special Purpose Vehicle Notice 2014 (paragraph 1). Specifically, the amendments lift the existing travel restrictions that applied to state-controlled roads on public holidays, thereby allowing more flexibility for special purpose vehicles to operate under these conditions (section 1). This change is significant as it removes certain limitations that were previously in place for such vehicles during public holidays.
The Notice imposes obligations on the entities it governs, primarily those operating special purpose vehicles in New South Wales. These entities must now comply with the amended conditions, which no longer restrict travel on public holidays on state-controlled roads (section 1). This change requires operators to be aware of and adhere to the updated provisions, ensuring that they do not inadvertently violate the new conditions. They must also ensure that any vehicles used for special purposes are operated in accordance with the amended regulations during public holidays.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Notice itself for breaching the amended conditions. However, the overarching Heavy Vehicle National Law under which this Notice operates may include provisions for penalties in the event of non-compliance. Typically, such breaches could result in fines, legal action, or other enforcement measures as stipulated under the broader legislative framework (section 23 of Schedule 1 of the Heavy Vehicle National Law). It is crucial for operators to familiarise themselves with these broader provisions to fully understand the potential consequences of non-compliance.