Heavy Vehicle National Law - New South Wales Class 3 Drought Assistance Dimension Exemption Notice 2018 (No.1)

Overview

The Heavy Vehicle National Law New South Wales Class 3 Drought Assistance Dimension Exemption Notice 2018 (No. 1) was introduced to address the logistical challenges faced by farmers during droughts in New South Wales by providing temporary exemptions from certain dimension requirements for heavy vehicles transporting hay to drought-affected areas. Enacted under Section 117 of the Heavy Vehicle National Law and Section 60 of the Heavy Vehicle (General) National Regulation, this notice was issued by the National Heavy Vehicle Regulator and aims to facilitate the movement of essential fodder during periods of severe drought. The notice operates in conjunction with the New South Wales Class 3 Baled Commodities Dimension Exemption Operators Guide, which provides detailed information on approved routes and areas where these exemptions apply. This legislative measure replaces the previous General Oversize (Baled or Rolled Hay) (Drought Assistance) Exemption Notice 2007, ensuring that similar exemptions are available on a periodic basis as needed. This notice exempts eligible heavy vehicles, such as rigid vehicles, prime mover and semi-trailer combinations, prime mover and low loader combinations, and B-Doubles, from certain width and height dimension requirements when transporting specified commodities to drought-affected areas. However, it does not apply to road trains, truck and pig trailer combinations, and truck and dog trailer combinations. While exempted, these vehicles must adhere to specific conditions, including a maximum width of 2.83 meters, a maximum height of 4.6 meters, and a load projection limit of 165mm from either side of the vehicle. The notice also outlines specific route and area requirements, which are detailed in the accompanying operators guide. The notice is set to expire five years after its commencement, providing a temporary yet critical relief measure during drought conditions.

Scope and Application

The New South Wales Class 3 Drought Assistance Dimension Exemption Notice 2018 applies to eligible heavy vehicles or heavy vehicle combinations used to transport specified commodities, such as baled or rolled hay, to drought-affected areas in New South Wales. Eligible vehicles include rigid vehicles, prime mover and semi-trailer combinations, prime mover and low loader combinations, and B-Doubles, but exclude Road Trains, truck and pig trailer combinations, and truck and dog trailer combinations. This Notice exempts such eligible vehicles from certain dimension requirements, specifically width and height, under the Heavy Vehicle National Law when transporting specified commodities to drought-affected areas. However, eligible vehicles must still adhere to other dimension limits specified in the Heavy Vehicle National Law and cannot exceed 2.83 metres in width or 4.6 metres in height, and the load must not project more than 165mm beyond the vehicle's sides. Vehicles must also comply with specified route and area requirements, and warning device and travel restrictions outlined in the New South Wales Class 3 Baled Commodities Dimension Exemption Operators Guide published by the National Heavy Vehicle Regulator. This Notice operates in conjunction with the Guide and replaces the General Oversize (Baled or Rolled Hay) (Drought Assistance) Exemption Notice 2007, and it commenced on the date of publication and will expire five years thereafter.

Key Provisions

The New South Wales Class 3 Drought Assistance Dimension Exemption Notice 2018 (No.1) (the Notice) primarily exempts eligible heavy vehicles from certain dimension requirements under the Heavy Vehicle National Law when they transport baled or rolled hay to drought-affected areas in New South Wales. This Notice is made under Section 117 of the Heavy Vehicle National Law and s60 of the Heavy Vehicle (General) National Regulation, and it operates in conjunction with the New South Wales Class 3 Baled Commodities Dimension Exemption Operators Guide. It exempts certain vehicles from width and height dimension requirements, but only when they are transporting specified commodities to drought-affected areas, and only under the specified conditions. The Notice applies to heavy vehicles that are either rigid vehicles, prime mover and semi-trailer combinations, prime mover and low loader combinations, or B-Doubles. It does not apply to Road Trains, truck and pig trailer combinations, and truck and dog trailer combinations. The Notice also applies only when the vehicle is loaded with specified commodities being transported to a drought-affected area. Vehicles exempted from certain dimension requirements must comply with specific conditions, such as not exceeding 2.83m in width and 4.6m in height, and not projecting more than 165mm from the outmost part of either side of the vehicle. Furthermore, eligible vehicles must adhere to the specified route and area requirements set out in Appendix 5 Drought Travel Routes and Conditions of the Guide. The Notice imposes certain obligations on parties it governs. Eligible vehicles must comply with the specified route and area requirements set out in the Guide. They must also comply with the requirements of Appendix 5 Drought Travel Routes and Conditions, of the Guide, which include conditions for warning devices and travel restrictions. The Notice also requires that eligible vehicles must not exceed the specified dimensions, and they must ensure that the load on the vehicle does not project more than 165mm from the outmost part of either side of the vehicle. Failure to comply with these obligations could result in legal consequences. The Notice does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the conditions and requirements of the Notice could lead to legal action under the Heavy Vehicle National Law, including potential fines and other penalties. The maximum penalties for breaches of the Heavy Vehicle National Law can vary depending on the specific offence, but they can include fines of up to $22,000 for individuals and $110,000 for bodies corporate, as well as potential imprisonment. Additionally, non-compliance could result in the vehicle being prohibited from operating on public roads, which could have significant operational and financial consequences for the vehicle owner or operator.