Heavy Vehicle National Law - New South Wales Class 3 Heavy Vehicle Converter Dolly Combination Exemption Notice 2019 (No. 1)

Overview

The New South Wales Class 3 Heavy Vehicle Converter Dolly Combination Exemption Notice 2019 (No. 1) was enacted to address the need for exemptions from certain mass and dimension requirements for specific combinations of Class 3 heavy vehicles towing unladen converter dollies. This notice was made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (HVNL). The primary purpose is to facilitate the exemption of these vehicle combinations from the mass limit in Schedule 1, Part 1, Clause 2 (1)(a)(iv) and the dimension limit in Schedule 6, Part 2, Clauses 3 (1) (a) of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This notice replaces the New South Wales Class 3 Heavy Vehicle Converter Dolly Combination Exemption Notice 2014 (No. 1) and applies specifically to combinations in New South Wales, providing flexibility and regulatory relief to operators under defined conditions.

Scope and Application

The New South Wales Class 3 Heavy Vehicle Converter Dolly Combination Exemption Notice 2019 (No. 1) is an instrument made under section 117 of the Heavy Vehicle National Law, which applies specifically to New South Wales. The notice exempts certain Class 3 heavy vehicles towing an unladen converter dolly from mass and dimension limits as specified in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This exemption applies to combinations consisting of either a prime mover and semi-trailer not exceeding 19 metres in length towing an unladen converter dolly, or a B-double towing an unladen converter dolly. The exemption operates within the geographical jurisdiction of New South Wales and is effective from 10 February 2019 until 9 February 2024. The exemption from mass requirements stipulates that the total mass of the combination must not exceed 45.5 tonnes for a prime mover and semi-trailer towing an unladen converter dolly, and 65.5 tonnes for a B-double towing an unladen converter dolly, with certain conditions allowing for minor exceedances. Similarly, the exemption from dimension requirements mandates that the length of the combination must not exceed 25 metres for a prime mover and semi-trailer towing an unladen converter dolly, and 36.5 metres for a B-double towing an unladen converter dolly. Additionally, the notice specifies that the converter dolly itself must not carry a load and outlines permissible routes and areas for these combinations.

Key Provisions

The main operative sections of this Notice pertain to exemptions from certain mass and dimension requirements for specific combinations of heavy vehicles. Specifically, Section 10 exempts converter dolly combinations from the mass requirements outlined in Schedule 1, Part 1, Clause 2(1)(a)(iv) of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. Similarly, Section 14 exempts these combinations from the dimension requirements set out in Schedule 6, Part 2, Clauses 3(1)(a). The Notice applies to combinations consisting of a prime mover and semi-trailer not exceeding 19 metres in length, towing an unladen converter dolly, and combinations comprising a B-Double towing an unladen converter dolly. These combinations are permitted to operate in New South Wales. The obligations imposed by this Notice include adhering to specified mass and length limits for the exempted combinations. Under Section 11, the total mass of a combination comprising a prime mover and semi-trailer towing an unladen converter dolly must not exceed 45.5 tonnes, and under Section 12, the total mass of a combination comprising a B-Double towing an unladen converter dolly must not exceed 65.5 tonnes. Furthermore, Section 15 stipulates that a combination comprising a prime mover and semi-trailer towing an unladen converter dolly must not exceed 25 metres in length, and Section 16 specifies that a combination comprising a B-Double towing an unladen converter dolly must not exceed 36.5 metres in length. The Notice also stipulates that a converter dolly must not carry a load (Section 17). The Notice provides for potential civil consequences in the event of non-compliance. While the Notice does not explicitly outline penalties, any breach of the specified mass or dimension limits could result in enforcement actions under the broader framework of the Heavy Vehicle National Law. The penalties for such breaches would be determined in accordance with the applicable provisions of that law, which could include fines and other civil sanctions. It is important to note that the Notice is designed to provide flexibility within specified limits, thus mitigating the risk of non-compliance through careful adherence to the conditions set out in the Notice.