Heavy Vehicle National Law - New South Wales Class 3 Heavy Vehicle Rear Overhang Limit Dimension Exemption Notice 2019 (No. 1)

Overview

The New South Wales Class 3 Heavy Vehicle Rear Overhang Limit Dimension Exemption Notice 2019 (No. 1) was enacted to provide a temporary exemption from the rear overhang length limits for certain class 3 heavy vehicles in New South Wales. This Notice was introduced to address the need for more flexibility in the operation of trucks and trailers with attached forklift trucks, particularly in the context of loading and unloading goods. The Notice was issued by the National Heavy Vehicle Regulator under section 117 of the Heavy Vehicle National Law, which aims to harmonise heavy vehicle regulation across participating jurisdictions in Australia. The policy objective is to facilitate efficient freight movement while maintaining safety standards by specifying the conditions under which these vehicles can operate within the state of New South Wales. The Notice replaces a similar exemption notice from 2014, reflecting ongoing adjustments to regulatory requirements based on practical operational needs.

Scope and Application

The New South Wales Class 3 Heavy Vehicle Rear Overhang Limit Dimension Exemption Notice 2019 provides an exemption from the rear overhang length limits set out in the Heavy Vehicle National Law for specified class 3 heavy vehicles, applying to trucks or trailers exceeding 9.5m in length, excluding any load, that have a forklift truck attached to the rear for loading and unloading goods. This exemption applies solely within the jurisdiction of New South Wales and is issued in accordance with section 117 of the Heavy Vehicle National Law. The exemption allows for the rear overhang of the truck or trailer, including the forklift truck, to be up to 4.0m, provided certain conditions are met, such as the visibility of a number plate from the rear and the presence of a warning flag or light if the forklift truck projects more than 1.2 metres to the rear. The notice specifies that the exemption applies to roads approved under the Heavy Vehicle National Law, except where there are specific prohibitions indicated by signs or notices. This notice, which supersedes a similar exemption from 2014, commenced on 10 February 2019 and will expire on 9 February 2024 unless further action is taken.

Key Provisions

The New South Wales Class 3 Heavy Vehicle Rear Overhang Limit Dimension Exemption Notice 2019 (No. 1) (the Notice) provides exemptions from the rear overhang length limits specified in section 5 of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation for certain class 3 heavy vehicles in New South Wales (section 9). This exemption applies to trucks or trailers exceeding 9.5m in length, excluding any load, that have a forklift truck attached to the rear for loading and unloading purposes (section 7). The Notice specifies that the rear overhang of the truck or trailer, including the forklift truck, must not exceed 4.0m (section 9). Furthermore, if the forklift truck extends more than 1.2 metres beyond the rear of the truck or trailer, it must be marked with either a brightly coloured red, red and yellow or yellow flag at least 300 mm by 300 mm during the daytime, or a clear red light visible at least 200 metres at night (section 10). Additionally, a number plate must be clearly visible from the rear of the truck or trailer at all times, with specific provisions for conditionally registered forklift trucks (section 11). The Notice imposes several obligations on the parties governed by it. Firstly, it mandates that the rear overhang of the truck or trailer must not exceed 4.0m, including the forklift truck. Secondly, if the forklift truck extends beyond 1.2 metres to the rear, it must be marked appropriately with a flag during the day or a red light at night. Thirdly, a number plate must be clearly visible from the rear of the vehicle at all times, with specific relocation requirements if the plate is obscured by a non-conditionally registered forklift truck. These conditions are intended to ensure safety and compliance with the regulations governing heavy vehicle operations in New South Wales. Breaches of the Notice may result in civil or criminal consequences. Under the Heavy Vehicle National Law, penalties for non-compliance can include fines and potential disqualification from driving. The maximum penalties for such offences depend on the specific provision breached and can vary. For example, driving a vehicle that does not comply with the specified overhang limits or visibility requirements can result in fines, and in some cases, the driver may face disqualification from holding a driver’s licence. It is important for parties governed by this Notice to adhere to the specified conditions to avoid these potential consequences.