Heavy Vehicle National Law - New South Wales Class 3 Platform Container Exemption Notice 2018 (No.1)

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HEAVY VEHICLE NATIONAL LAW

New South Wales Class 3 Platform Container Exemption Notice 2018 (No.1)

 

1         Purpose

(1)    This Notice exempts heavy vehicle combinations transporting platform containers from certain mass and dimension requirements under the Heavy Vehicle National Law (HVNL). These exemptions are subject to conditions of operation, including approved network conditions, and the application of certain conditions from Schedule 8 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation).

 

(2)    The purpose of the exemptions in this Notice is to allow heavy vehicle combination carrying loads on platform containers to travel to and from port facilities while carrying imported or goods for export without having to unload and reload in order to comply with prescribed mass and dimension requirements.

 

Note: Carrying a load on a platform container is a standard method of transporting goods for import and export. By their nature, platform containers add to the mass and dimension of any load carried. This would normally require the unloading and reloading of a load (without a container) at a container freight station. Carrying loads on a platform container also provides load restraint and safety advantages that offset the mass and dimension exemptions provided in this Notice.

2         Authorising Provision

This Notice is made under section 117 of the Heavy Vehicle National Law (HVNL).

3         Title

This Notice may be cited as the New South Wales Class 3 Platform Container Exemption Notice 2018.

4         Commencement

This Notice commences on the date of its publication.

5         Expiry

This Notice expires five years after publication.


6         Definitions

(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, the following words have the same meaning as in s116 of the HVNL:

a)      large indivisible item; and

b)      low loader

 

(3)    In this Notice, platform container has the same meaning as set out in Part 8: Platform containers, of the Australian Standard 3711.8, and includes:

c)       Platform containers; and

d)      Platform-based containers with either complete or incomplete superstructures;

 

  Note: This definition contains container types commonly known as:

  • Flat rack containers
  • Open top Containers
  • Bolsters

 

(4)    In this Notice:

 

closed quad-axle group (also denoted as “4 @ 1.2”) means a group of—

a)      4 axles at least 1.2m apart; where

b)      the horizontal distance between the centre-lines of the outermost axles is not more than 4.9m.

 

closed quin-axle group (also denoted as “5 @ 1.2”) means a group of

a)      5 axles at least 1.2m apart; where

b)      the horizontal distance between the centre-lines of the outermost axles is not more than 4.9m.

 

closed tandem axle group (also denoted as “2 @ 1.2”) means a group of—

a)      2 axles at least 1.2m apart;  where

b)      the horizontal distance between the centre-lines of the 2 axles is not more than 2.0m.

 

closed tri-axle group (also denoted as “3 @ 1.2”) means a group of—

a)      3 axles at least 1.2m apart; where

b)      the horizontal distance between the centre-lines of the outermost axles is not more than 3.2m.

 

container safety approval plate has the same meaning as in the Marine Order 42 published by Australian Maritime Safety Authority.

 

Guide means the New South Wales Class 3 Platform Container Exemption Notice Operator’s Guide published by the NHVR, as amended from time to time.

 

Ground contact width means the distance between the outermost points of ground contact of the outside tyres on each end of an axle.

Figure 1- Illustration of ground contact width of an axle

Multi-State Class 1 Load Carrying Vehicles Mass Exemption Notice means the current HVNL exemption Notice of that name published by the NHVR.

Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice means the current HVNL exemption Notice of that name published by the NHVR.

Port has the same meaning as the Ports and Maritime Administration Act (NSW).

skel trailer means a trailer consisting of a frame with no load carrying deck designed for the transportation of multi-modal shipping containers, including platform containers.

 

spread quad-axle group (also denoted as “4 @ 1.2, 2.4, 1.2”) means a group of 4 axles, where —

a)      the distance between the 1st and 2nd axle is at least 1.2m; and

b)      the distance between the 2nd and 3rd axle is at least 2.4m; and

c)       the distance between the 3rd and 4th axle is at least 1.2m; and

d)      the horizontal distance between the centre-lines of the outermost axles is not more than 4.9m.

 

spread tandem axle group (also denoted as “2 @ 1.8”) means a group of—

a)      2 axles at least 1.8m apart; where

b)      the horizontal distance between the centre-lines of the 2 axles is not more than 2.0m.

 

  spread tri-axle group means a group of—

 

a)      3 axles—

  1. at least 1.8m apart (also denoted as “3 @ 1.8”); or
  2. where the distance between the 1st and 2nd  axle is at least 1.2m and the distance between the 2nd and 3rd axle is at least 2.4m (also denoted as “3 @ 1.2, 2.4”); or
  3. where the distance between the 1st and 2nd  axle is at least 2.4m and the distance between the 2nd and 3rd axle is at least 1.2m (also denoted as “3 @ 2.4, 1.2”);  and

b)      where the horizontal distance between the centre-lines of the outermost axles is not more than 3.7m.

 

  tandem drive axle group means a tandem axle group consisting of 2 axles.

 


7         Application

(1)    This Notice applies to an eligible combination operating in New South Wales that is:

a)      transporting a load in or on a platform container for the purpose of import or export only; and

b)      transporting one platform container only; and

c)       travelling to or from a port; and

d)      compliant with the conditions of this Notice; and

e)      operating on a stated map or list specified or referenced in this Notice.

 

(2)    This Notice applies to an eligible combination whether loaded or unloaded.

8         Eligible combinations

(1)      An eligible combination under this notice is a tandem drive prime mover towing a:

a)         low loader trailer; or

b)        low loader dolly and low loader trailer; or

c)         skel trailer or semi-trailer (operating up to 4.6m high and not exceeding prescribed mass limits).

 

9         Exemption- Dimension Requirements

(1)    An eligible combination operating under this Notice is exempt from the following dimension requirements of Schedule 6 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (the National Regulation):

a)      section 3(1)(a) – Length—general; and

b)      section 4(2) – Length—trailers; and

c)       section 5(1)(a) and (b) - Length—rear overhang; and

d)      section 7(1)—Width; and

e)      section 8(d)—Height; and

f)        sections 13(a)(ii) and 13(b)(ii)—Front and side projection of load.

 

10     ConditionsDimensions

(1)    An eligible combination must not exceed:

a)      a dimension limit mentioned in Table 1; or

b)      for a combination described in section 8(1), a rear overhang limit mentioned in Table 2 or 25% of the length of the heavy vehicle, whichever is the lesser.

Table 1 - Maximum dimension limits

Vehicle

Width (m)

Length (m)

Height (m)

Prime mover and trailer combination

4.6

30.0

5.0

 

Table 2 - Maximum rear overhang

Length of vehicle and load (m)

Maximum rear overhang (m)

Over

Up to and including

22.0

25.0

5.5

25.0

26.0

6.5

26.0

27.0

6.8

27.0

28.0

7.0

28.0

29.0

7.3

29.0

30.0

7.5

 

(2)    A loaded vehicle higher than 4.6m must carry its load on an eligible trailer with a deck height no more than 1.0m above the ground.

11     Exemptions - Mass

(1)    This Notice exempts an eligible combination to which this Notice applies from the following mass requirements in Schedule 1 of the MDL National Regulation to the extent provided in this Notice, including its Schedules:

a)      section 2(1)(a)(iv) and (v)– Mass limits for a combination; and

b)      section 4 as it relates to the mass limits specified in, Table 1 (Axle mass limits table) of Part 2, for the following axle groups:

  1. a tandem axle group fitted with dual tyres on all axles (16.5t); and
  2. a tri-axle group fitted with dual tyres on all axles (20.0t); and
  3. a quad axle group fitted with dual tyres on all axles (20.0t); and

c)       section 5 (1) – Mass limits relating to axle spacing generally.

 

(2)    This section does not apply to a combination consisting of a prime mover towing either a skel trailer or a semi-trailer.

12     Conditions – Mass (maximum mass of an eligible combination)

(1)    The gross combination mass of an eligible combination must not exceed:

a)      77.5t, if the vehicle is fitted with any axle group with 4 tyres on each axle;

b)      100.0t if the vehicle is fitted with any axle group with 8 tyres on each axle.

 

13     Conditions - Axle and axle group mass limits for a low loader dolly or low loader

(1)    The mass on a single axle dolly with 4 tyres must not be more than 9.0t.

 

(2)    The mass on a tandem axle dolly with 4 tyres on each axle must not be more than 18.5t.

 

(3)    The mass on an axle group of a low loader dolly with 8 tyres on each axle must not be more than the relevant mass limit determined by the application of Table 3.

Table 3 - Mass limits for 8-tyred single axle or tandem axle group low loader dolly

Minimum dolly ground contact width (m)

Maximum axle mass

for a single axle dolly
and 8 tyres per axle (t)

Maximum axle group mass for a tandem axle dolly
and 8 tyres per axle (t)

2.4

12.0

21.0

2.6

13.0

21.0

2.8

14.0

22.0

3.0

16.0

24.0

3.2

17.0

26.0

3.4

18.0

27.0

3.6

18.0

28.0

3.8

18.0

30.0

≥4.0

18.0

31.0

 

(4)    The mass on an axle group of a low loader must not be more than the mass limit stated in Table 4, for the stated axle group configuration and minimum axle group ground contact width specified.

Table 4 - Mass limits for low loader axle groups

Minimum axle group ground contact width (m)

Number and spacing of axles in axle group (spacing in metres)

2 @ 1.2

2 @ 1.8

3 @ 1.2

3 @ 1.8,

3 @ 1.2, 2.4,

3 @ 2.4, 1.2

4 @ 1.2

4 @ 1.2, 2.4, 1.2, or

5 @ 1.2

4 tyred axle mass limit (t)

2.4

18.5

25

27

30

35

8 tyred axle mass limit (t)

2.4

21

25

27

30

35

2.6

21

26

29

31.5

36

2.7

21

27

31

33

37

2.8

22

28

33

34

39

2.9

22

29

34

35

40

3.0

24

30

36

36

41

3.1

24

31

37

37

42

3.2

26

32

39

39

43

3.3

26

33

40

40

44

3.4

27 

34

41

41

46

3.5

27

35

42

42

47

3.6

28

36

43

43

48

3.7

28

37

44

44

49

3.8

30

38

45

45

50

3.9

30

39

46

46

51

4.0

31

40

47

47

52

4.1

31

40

48

48

53

4.2

31

40

48

49

54

 

14     Conditions – Axle Spacing

(1)    For a prime mover and low loader combination, the distance from the centre-line of the rear most axle of the prime mover to the centre-line of the foremost axle of the low loader must not be less than 6.0m.

 

(2)    For a prime mover, low loader dolly and low loader combination, the distance from the centre-line of the rear most axle of the prime mover to the foremost axle of the low loader dolly fitted with 4 tyres on each axle must not be less than 2.6m.

 

(3)    For a prime mover, low loader dolly and low loader combination, the distance from the centre-line of the rear most axle of the prime mover to the foremost axle of the low loader dolly fitted with 8 tyres on each axle must not be less than 3.2m.

(4)    For a prime mover, low loader dolly and low loader combination, the distance from the centre-line of the rear most axle of the low loader dolly to the centre-line of the foremost axle of the low loader must not be less than 6.0m.

15     Conditions Stated maps and lists

(1)    An eligible combination operating under this Notice may only access the following network when traveling to or from a port for the purpose of  import/export:

‘NSW Oversize Overmass Load Carrying Vehicles Network’

(2)    Access to the network in 1) is limited to State controlled roads and roads managed by Road Managers listed in the “Participating Road Manager” section of the Guide.

 

(3)    An eligible combination operating under this Notice that is more than 4.3m high may only operate on a route that is also approved for 4.6m high vehicles as displayed on the ‘NSW Oversize Overmass Load Carrying Vehicles Network’ map.

 

Note:  The list of Participating Road Managers is provided in the NSW Class 3 Platform Exemption Notice Operators Guide- Appendix 1 which may be updated from time to time.

 

To be clear, this section means that only roads managed by a Participating Road Manager AND are on the ‘NSW Oversize Overmass Load Carrying Vehicle Network’ may be accessed under this section.

 

The ‘NSW Oversize Overmass Load Carrying Vehicle Network’ contains both State controlled and local Road Manager controlled roads (eg: Local Government roads).

16     Conditions General dimension conditions for load carrying vehicles

(1)    An eligible combination operating under this notice must comply with the General Conditions set out in the New South Wales Schedule of the Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice.

 

(2)    In addition to the requirements in 1), an eligible combination operating under this notice must comply with the following conditions:

a)      All goods carried by the eligible combination must be loaded on the single platform container allowed in s7(1)(b).

b)      A platform container may be loaded with more than one large indivisible item provided the additional large indivisible items do not exceed height or width dimensions that would not be exceeded if the platform container carried only one large indivisible item.

c)       A platform container loaded with one or more large indivisible items in conjunction with other goods must not allow the goods not considered indivisible to exceed the regulatory height and width dimensions when loaded on the platform container.

d)      For goods being carried on a platform container that do not trigger a dimension exemption, they must be contained within the platform container at regulatory height and width dimensions.

 

Note: Under the HVNL, items that are normally considered to be large, indivisible or are otherwise unusual may be considered “goods”.

 

 

 

 

17     Conditions - Pilots and escorts

(1)    An eligible combination operating under this notice must comply with the pilot and escort conditions for a combination of the same dimensions set out in the New South Wales Schedule of the Multi-State Class 1 Load Carrying Vehicle Dimension Exemption Notice.

18     Conditions - General mass conditions for load carrying vehicles

(1)    An eligible combination operating under this notice must comply with the general conditions set out in the New South Wales Schedule of the Multi-State Class 1 Load Carrying Vehicle Mass Exemption Notice.

19     Conditions - Carriage of documents

(1)    The driver of an eligible combination operating under this Notice must carry documentation that complies with the requirements of the “Import/Export Documentation” section of the Guide.

20     Conditions - Special requirements relating to indivisible items

(1)    an eligible combination must only:

a)      carry a maximum of one platform container; and

b)      if carrying more than one large indivisible item on a platform container, the mass of the container and the load together must not exceed the gross container mass as stated on the container safety approval plate.

21     Conditions – Application of Schedule 8 of the MDL Regulation

(1)    An eligible combination operating under this Notice must comply  with the following conditions from Schedule 8 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation:

a)      Part 1;

  1. Division 1 - All
  2. Division 2 - Section 12 and 14
  3. Division 5 - All

b)      Part 3 - All

 

Note: Section 13 of Schedule 8 is specifically not applied by this section. However, a modified version of the conditions in s13 of Schedule 8 are applied in s16(2) of this Notice.

 

 

 

Peter Caprioli

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator

Overview

The New South Wales Class 3 Platform Container Exemption Notice 2018, enacted under the Heavy Vehicle National Law (HVNL), aims to streamline the transportation of goods for import and export by exempting certain heavy vehicle combinations carrying platform containers from specific mass and dimension requirements. The primary objective of this exemption is to enable these vehicles to transport goods directly to and from port facilities without the need for unloading and reloading at container freight stations, thereby enhancing operational efficiency and safety. The Notice applies to eligible combinations, defined as a tandem drive prime mover towing a low loader trailer or skel trailer, operating within New South Wales and travelling to or from a port, subject to specific conditions that include compliance with the Notice and adherence to the NSW Oversize Overmass Load Carrying Vehicles Network. These exemptions and conditions are designed to balance the need for efficient cargo transport with safety and regulatory compliance, ensuring that the operations are conducted in a manner that does not compromise road safety or infrastructure integrity.

Scope and Application

This Notice provides exemptions from certain mass and dimension requirements under the Heavy Vehicle National Law (HVNL) for heavy vehicle combinations transporting platform containers in New South Wales. The exemptions are designed to facilitate the transportation of imported or export goods between ports and other locations without necessitating the unloading and reloading of goods, which would otherwise be required to comply with prescribed mass and dimension standards. This exemption applies to eligible combinations operating in New South Wales that are transporting a load in or on a platform container for import or export purposes, carrying only one platform container, travelling to or from a port, and meeting specific conditions outlined in the Notice. The exemptions extend to both loaded and unloaded eligible combinations. Eligible combinations are defined as tandem drive prime movers towing specific types of trailers such as low loader trailers, low loader dollies and low loader trailers, or skel trailers or semi-trailers that do not exceed certain height and mass limits. While the Notice provides exemptions from certain dimension and mass requirements, it imposes specific conditions to ensure safety and compliance, including dimensional limits, mass limits for axles and axle groups, axle spacing requirements, and conditions for accessing specified road networks. Additionally, the Notice mandates compliance with certain sections of Schedule 8 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, with some modifications to certain conditions. This Notice is effective for five years from its publication and is made under section 117 of the HVNL.

Key Provisions

This Notice provides exemptions from certain mass and dimension requirements under the Heavy Vehicle National Law (HVNL) for heavy vehicle combinations transporting platform containers, subject to certain conditions and restrictions (section 1). The primary purpose of these exemptions is to allow vehicles carrying goods on platform containers to move to and from port facilities without the need to unload and reload to meet prescribed mass and dimension requirements (section 1(2)). The Notice exempts eligible combinations from specific dimension requirements such as length, width, height, and rear overhang, provided that they comply with the specified dimensional limits (section 9). Additionally, it exempts these combinations from certain mass limits, subject to compliance with specified maximum mass limits for the combination and individual axles (section 10). Operators of heavy vehicle combinations eligible for this exemption must adhere to several obligations and conditions. These include ensuring the vehicle does not exceed specified dimensional and mass limits (sections 10 and 12), complying with certain axle spacing requirements (section 14), and adhering to the conditions set out in the NSW Class 3 Platform Container Exemption Notice Operator’s Guide (sections 15 to 21). Operators must also ensure that all goods are loaded on the platform container, that the mass of the container and load does not exceed the gross container mass as stated on the container safety approval plate, and that the vehicle complies with the requirements for carrying documentation related to import or export (sections 15 to 20). Breach of the conditions set out in this Notice may result in civil or criminal penalties. The HVNL provides for a range of penalties for non-compliance with its provisions, including fines and imprisonment. The maximum penalty for contravening a provision of the HVNL is generally a fine of up to 500 penalty units ($99,500 as at 2023) for individuals and up to 5,000 penalty units ($995,000 as at 2023) for corporations, along with potential imprisonment terms. However, the specific penalties for breaches of this Notice are not detailed within the text itself and would need to be referred to under the HVNL provisions.

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