Heavy Vehicle National Law - Notice of Intention to Amend National Heavy Vehicle Notice 2018 (No.1) – National Class 1 Special Purpose Vehicle Notice 2016

Overview

The Heavy Vehicle National Law Notice of Intention to Amend National Heavy Vehicle Notice 2018 (No.1) – National Class 1 Special Purpose Vehicle Notice 2016 was enacted in 2018. This legislation was introduced by the National Heavy Vehicle Regulator to address concerns regarding the safety risks posed by Class 1 Special Purpose Vehicles, specifically pick and carry cranes, as highlighted in the Inquest into the deaths of Christine Nan Leonardi and Samuel John Leonardi in Queensland. The National Heavy Vehicle Regulator, established under the Heavy Vehicle National Law, has the authority to make this amendment based on Section 173. The proposed amendment aims to impose a speed restriction of 80kph on pick and carry cranes to mitigate risks, aligning with existing restrictions in New South Wales and the Australian Capital Territory. The Regulator invites submissions from affected parties to provide input on the proposed changes within two weeks of the notice's publication.

Scope and Application

The National Heavy Vehicle Notice 2018 (No.1) pertaining to the National Class 1 Special Purpose Vehicle Notice 2016, as notified by the National Heavy Vehicle Regulator, applies to Class 1 Special Purpose Vehicles, specifically pick and carry cranes, operating under the jurisdictions covered by the Notice. The amendment proposed by the Regulator aims to enhance public safety by imposing a uniform speed restriction of 80kph on these vehicles, following recommendations from an inquest into the deaths of Christine Nan Leonardi and Samuel John Leonardi in Queensland. This amendment is intended to address significant risks associated with the operation of articulated steering cranes in certain circumstances. The proposed changes will extend to all jurisdictions under the Notice, thereby creating a standardised approach to speed restrictions across different states and territories. Affected parties are invited to provide written submissions regarding the proposed amendment within two weeks of the publication of this Notice, as per Section 173(3)(d) of the Heavy Vehicle National Law. The Regulator’s decision to propose these amendments is driven by a commitment to public safety and the implementation of evidence-based recommendations from judicial inquiries.

Key Provisions

The primary operative sections of this notice pertain to the amendment of the National Class 1 Special Purpose Vehicle Notice 2016, specifically regarding speed restrictions on pick and carry cranes (section 4). The proposed amendment involves inserting a new clause into the conditions of each jurisdiction's Schedule, stipulating that a pick and carry crane must not exceed 80km/h. This amendment aims to align the speed restrictions across different jurisdictions, particularly reflecting the current limitations in New South Wales and the Australian Capital Territory. The obligations and requirements imposed by this notice on the parties or entities it governs include the submission of written representations by affected parties. These submissions, which must be provided within two weeks of the publication of this notice, can address any concerns or arguments against the proposed amendment (section 5). Additionally, the notice highlights the importance of adhering to the specified timeframe for submissions to ensure they are considered in the amendment process. In terms of consequences for breach, the notice does not explicitly detail civil or criminal penalties for non-compliance with the proposed speed restrictions. However, the underlying legislation, the Heavy Vehicle National Law, likely encompasses provisions for enforcement actions, including fines and potential disqualification from operating heavy vehicles, if the amended regulations are not adhered to. The severity of penalties would depend on the specific breaches and jurisdictional interpretations of the law. The notice is authorised under Section 173 of the Heavy Vehicle National Law, which empowers the Regulator to make such amendments based on perceived risks to public safety. The Regulator's decision to amend the Notice is rooted in the belief that the current provisions may pose significant risks, as underscored by the Coroner's recommendations following the inquest into the deaths of Christine Nan Leonardi and Samuel John Leonardi. This legislative authority underscores the Regulator's mandate to ensure road safety through appropriate regulatory measures. Overall, the notice serves as an official communication from the National Heavy Vehicle Regulator regarding the proposed amendment to the National Class 1 Special Purpose Vehicle Notice 2016, inviting relevant stakeholders to engage in the consultation process and submit their views on the proposed changes. This process is integral to ensuring that any regulatory adjustments are both effective and considerate of the safety implications for all road users.