Heavy Vehicle National Law New South Wales Class 3 Livestock Transportation Exemption Notice 2019 (No.1)

HEAVY VEHICLE NATIONAL LAW

New South Wales Class 3 Livestock Transportation Exemption Notice 2019 (No.1)

1. Purpose

This Notice provides mass exemptions that support the New South Wales Livestock Loading Scheme. This Notice works with the New South Wales Livestock Loading Scheme, and gives effect to the exemptions and conditions of that Scheme. Compliance with the Scheme is a condition of this Notice.

Note:  The New South Wales Livestock Loading Scheme is published and maintained by the New South Wales Roads and Maritime Service, in conjunction with the National Heavy Vehicle Regulator (NHVR).

This Notice replaces the New South Wales Ministerial Declaration (Livestock Loading Scheme) Order 2012, issued on 22 November 2012.

2.      Authorising Provision

This Notice is made under section 117 of the Heavy Vehicle National Law, and s69(1)(b) of the Heavy Vehicle (General) National Regulation.

3.      Title

This Notice may be cited as the New South Wales Class 3 Livestock Transportation Exemption Notice 2019 (No.1).

4.      Commencement

This notice commences on 10 February 2019

5.      Expiry

This notice expires on 9 February 2024.

6.      Application

This notice applies to eligible combinations operating in New South Wales.

7.      Definition

(1)   Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL.

(2)   In this Notice:

Combined loading space means the sum of the loading spaces of each vehicle that is part of an eligible combination.

Eligible combination means a heavy vehicle combination that is eligible to operate under this Notice as specified in s8.

General Access means access to all roads in New South Wales, subject to the New South Wales Road Rules and the HVNL.

Loading space means the dimension measured from the inside of the front wall or door to the inside of the rear wall or door of a semi-trailer, with intervening partitions being disregarded.

RMS means Roads and Maritime Services.

Scheme means the New South Wales Livestock Loading Scheme published and maintained by RMS.

8.      Eligible combinations

(1)   An eligible combination must be one of the following category of heavy vehicle:

a)      Single articulated vehicles which consist of a prime mover and a semi-trailer, and have a loading space available for the carriage of animals not exceeding 12.5 metres;

b)      B-doubles that have an overall length not exceeding 19.0 metres and a combined loading space available for the carriage of animals not exceeding 15.0 metres; and

c)      B-doubles that have an overall length not exceeding 26.0 metres and a combined loading space available for the carriage of animals not exceeding 18.8 metres; and

d)      Road trains that have an overall length not exceeding 36.5 metres, and a minimum distance between the centres of the outermost axles of a road train of at least 26.5m metres, and a combined loading space available for the carriage of animals not exceeding 25.0 metres.

e)      B-triples that consist of a prime mover and three semi-trailers and have a combined loading space available for the carriage of animals not exceeding 28.2 metres.

f)       AB-triples that consist of a prime mover and semi-trailer combination connected, by a converter dolly, to two semi-trailers which are connected by a fifth wheel coupling, that have a combined loading space available for the carriage of animals not exceeding 28.2 metres.

(2)   A vehicle under this section is only an eligible combination when it is transporting livestock.

9.      Conditions - Vehicle Requirements

(1)   Eligible combinations operating under this notice must  have:

a)      a prime mover with a tandem axle drive group, and

b)      semi-trailer(s) with either tandem axle or tri-axle group(s), or in the case of a B-double not exceeding 19.0 metres in length, semi-trailers with tandem axle groups only; and

c)      in the case of a road train or an AB-triple, either a tandem axle or tri-axle group on the converter dolly, and

d)      either single tyres with section width of at least 375 mm, dual tyres, or a combination of those tyres, on all axle groups, and

e)      certified road friendly suspension fitted and maintained in working order on all axle groups of all semi-trailers.

f)       in the case of a B-Triple or AB-triple, certified road friendly suspension fitted and maintained in working order on all axle groups.

10.  Exemption – Mass

(1)   Eligible combinations operating under this Notice are exempt from the following mass requirements in Schedule 1 of the Heavy Vehicle (Mass, Dimension & Loading) National Regulation (MDL Regulation):

a)      section 2(1)(a)(iv) - Complying steer axles for vehicles that are not B-Doubles or Road Trains.

b)      section 2(1)(2(b) - Axle Mass limits referencing Table 1, Part 2.

c)      section 4 and Table - Mass limits for a single axle or axle group.

d)      section 5 - Mass Limits relating to axle spacing generally.

(2)   These exemptions only apply to a mass requirement where a conditional mass for a specified parameter has been provided in this Notice.

11.  Conditions - Mass (Gross Combination Mass)

(1)   The total mass of a combination must not exceed the lowest of the following:

a)      the sum of the axle and axle group mass limits in Table 1, or

b)      the GCM limit specified by the prime mover manufacturer, or

c)      the sum of the GVMs for the prime mover and the trailer or trailers it is towing.

12.  Conditions - Mass (Axle and axle group limits)

(1)   The mass on an axle or axle group must not exceed the limits set out in Table 1, except as provided for by 2).

Table 1: Axle and axle group mass limits

(2)   Floating tri-axle mass concession: the mass on a tri-axle group of a semitrailer may exceed the limit set out in Table 1 by up to 0.5 tonne, as long as the total mass of the combination does not exceed the total mass limit (GCM) specified in section 11.

13.  Conditions - Mass (Road Friendly Suspension)

(1)   Eligible combinations operating under this Notice may exceed regulation mass limits related to axle spacing specified in Section 12 by the following amounts:

a)      0.5t for each tandem axle groups fitted with certified road friendly suspension; and

b)      2.5t for each tri-axle group fitted with certified road friendly suspension.

14.  Conditions – Stated Areas and Routes

(1)   An eligible combination operating under this Notice may operate access the following network

a)      Eligible single articulated vehicles up to 19.0 metres in length:

New South Wales Livestock Loading Scheme Single Articulated Combination Network

b)      Eligible B-doubles up to 19.0 metres in length:

New South Wales Livestock Loading Scheme 19m B-double Network

c)      Eligible B-doubles up to 23.0 metres in length:

New South Wales Livestock Loading Scheme 23m B-double Network

d)      Eligible B-doubles up to 26.0 metres in length:

New South Wales Livestock Loading Scheme 26m B-double Network

e)      Eligible Type 1 A-double road trains up to 36.5 metres in length:

New South Wales Livestock Loading Scheme Type 1 A-double Network

f)       Eligible B-triple road trains up to 36.5 metres in length:

New South Wales Livestock Loading Scheme B-triple Network

g)      Eligible AB-triple road trains up to 36.5 metres in length:

New South Wales Livestock Loading Scheme AB-triple Network

(2)   An eligible vehicle accessing a network set out in subsection (1) must comply with the road and travel conditions set out in that network.

Note: Links and descriptions of these routes may be found in the Scheme Business Rules.

15.  Conditions - Intelligent Access Program

(1)   B-triples and AB-triples may only operate under this Notice if they are enrolled in the Intelligent Access Program and are operating in accordance with the operating conditions on their Intelligent Access Program certificate of enrolment.

Note: the Intelligent Access Program certificate of enrolment mentioned in this section is issued by RMS.

16.  Conditions- New South Wales Livestock Loading Scheme

(1)   An eligible combination operating under this notice must comply with all of the requirements of the New South Wales Livestock Loading Scheme, including but not limited to:

a)      Eligible livestock; or

b)      Deck requirements; or

c)      Driver accreditation; or

d)      Registration; or

e)      Interstate mutual recognition requirements; or

f)       conditions relating to routes as per the networks specified in s14.

Peter Caprioli

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator