Heavy Vehicle National Law - Queensland Class 1 Agricultural Vehicle (Coastal Zone 1) Dimension Exemption Amendment Notice 2016 (No. 1)

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   HEAVY VEHICLE NATIONAL LAW

Queensland Class 1 Agricultural Vehicle (Coastal Zone 1) Dimension Exemption Amendment Notice 2016 (No. 1)

 

  1. Purpose

The purpose of this Notice is to amend the Queensland Class 1 Agricultural Vehicle (Coastal Zone 1) Dimension Exemption Notice 2016 (No. 1) published in the Commonwealth Gazette on 1 September   2016.

Note: The effect of the amendment is to add three roads in the Gold Coast area.         

 

2.      Authorising Provision(s)

This Notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (HVNL).

 

3.      Commencement

This Notice commences on the date it is published in the Commonwealth Gazette.

 

4.      Amendment of Notice

This Notice amends the Queensland Class 1 Agricultural Vehicle (Coastal Zone 1) Dimension Exemption Notice 2016 (No. 1) by omitting Schedule 1 of that Notice and inserting Schedule 1 of this Notice.

 

Dated:  18 November 2016

 

 

Peter Caprioli

Executive Director Network Access

National Heavy Vehicle Regulator

 

 

Schedule 1  Participating Local Government Areas and Additional Conditions for Minor Roads

Column 1

Column 2

Column 3

Local Government Area

Routes

Additional conditions for minor roads

Bundaberg

Major and critical roads except to the extent excluded in this notice

Note—

 

Access to minor roads by oversized agricultural vehicles in the Bundaberg Region is governed by the  Bundaberg Region Class 1 Agricultural Vehicle (5.0m wide) Dimension Exemption Notice 2015 (No. 1)

(a)    There is no other requirement or condition from the Bundaberg Council or any other Authority or Entity which stipulates that the route or portions of the route may not be used by an eligible vehicle.

(b)    An operator operating an eligible vehicle under this notice must indemnify the Bundaberg Regional Council and its employees against any claim, action or process for damage or injury that may be sustained against them due to the use of vehicles specified.

Burdekin

Major, minor and critical roads except to the extent excluded in this notice

 

Nil

Cairns

Major, minor and critical roads except to the extent excluded in this notice

(a)    An operator operating an eligible vehicle under this notice must indemnify the Cairns Regional Council and its employees against any claim, action or process for damage or injury that may be sustained against them due to the use of vehicles specified.

(b)    A copy of the trial proposal and this acknowledgement should be kept in the vehicle as evidence of Councils acknowledgement.

Cassowary Coast

(a)    Major and critical roads except to the extent excluded in this notice; and

(b)    Minor roads other than a road incorporating a bridge, or culvert, that is less than 4.5 metres wide.

 

 

 

 

Nil

Fraser Coast

(a)    Major and critical roads except to the extent excluded in this notice; and

(b)    Minor roads constructed to a minimum of 6 metres wide

Nil

Gladstone

Major, minor and critical roads except to the extent excluded in this notice

The conditions contained in the document titled ‘Standard Conditions Applying to Permits (Grant of Authority) for Movement(s) of Excess Mass & Dimension Load(s) on the Gladstone Regional Council Road Network’, published at

http://www.gladstone.qld.gov.au/forms/R/”Roads - Standard Conditions applying to Permits (Grant of Authority)”

except to the extent such conditions are inconsistent with this notice.

 

Gold Coast

The following minor roads:

Ageston Road, Alberton;  Zipfs Road, Alberton;  Loves Road, Alberton;  Rotary Park Road, Alberton;  Alberton Road, Alberton; Quinns Hill Road West, Alberton;  Quinns Hill Road East, Alberton;  Burnside Road, Gilberton;  Rossmann Road, Gilberton;  Jacosa Road, Gilberton;  Pimpama-Jacobs Well Road, Jacobs Well; Holmstead Road, Steiglitz; Rocky Point Road, Steiglitz;  Cabbage Tree Point Road, Steiglitz;  Gross Road, Steiglitz;  Steiglitz Road, Steiglitz;  New Norwell road, Norwell;  Skopp’s Road, Norwell;  Fischer’s Road, Norwell;  Norwell Road, Norwell;  Kerkin Road North, Norwell*; Kerkin Road South, Norwell;  Behms Road, Norwell; Pimpama-Jacobs Well Road, Norwell; Pimpama-Jacobs Well Road, Pimpama; Swamp Road, Woongoolba;  Gibson Road, Woongoolba;  Cooks Road, Woongoolba;  School Road, Woongoolba;  Finglas Road, Woongoolba;  Mill Road, Woongoolba;  Shortcut Road, Woongoolba;  Helmore Road, Jacobs Well;  Huth Road, Jacobs Well;  Beattie Road, Coomera;  Waterway Drive, Coomera; Shipper Drive, Coomera;  Foxwell Road, Coomera;  Finnegan Way, Coomera;  Stewarts Road, Ormeau;  Eggersdorf Road, Ormeau;  Goldmine Road, Ormeau; 

 

*This Notice does not permit a vehicle travelling on Kerkin Road North to drive onto the bridge on that road where it crosses the Pimpama River.

Gympie

Major, minor and critical roads except to the extent excluded in this notice

 

Nil

Hinchinbrook

(a)    Major, and critical roads except to the extent excluded in this notice; and

(b)    Minor roads outside a built-up area; and

(c)     The following minor roads within the city limits of  Ingham— 

  • McIllwraith St,
  • Tully St,
  • Davidson St, and
  • Skinner St 

 

Nil

Isaac

Major, minor and critical roads except to the extent excluded in this notice

 

Nil

Livingstone

Major, minor and critical roads except to the extent excluded in this notice

 

Nil

Mackay

Major, minor and critical roads except to the extent excluded in this notice

 

Nil

Rockhampton

Major, minor and critical roads except to the extent excluded in this notice

 

Nil

Townsville

Major, minor and critical roads except to the extent excluded in this notice

 

Nil

Whitsunday

Major, minor and critical roads except to the extent excluded in this notice

 

Nil

 

Overview

The Queensland Class 1 Agricultural Vehicle (Coastal Zone 1) Dimension Exemption Amendment Notice 2016 (No. 1) was enacted in 2016 to address the need for dimension exemptions for agricultural vehicles in certain Queensland regions. This Notice is a legislative instrument made under section 117 of the Heavy Vehicle National Law (HVNL) as it applies to participating jurisdictions, with the aim of facilitating the movement of agricultural vehicles while mitigating potential risks to road infrastructure and safety. The Notice seeks to amend the Queensland Class 1 Agricultural Vehicle (Coastal Zone 1) Dimension Exemption Notice 2016 (No. 1) by updating the schedule to include specific roads in the Gold Coast area, thereby providing greater flexibility for agricultural operations in these regions. The policy objective behind this amendment is to ensure that agricultural vehicles can access necessary routes within the specified local government areas while adhering to specific conditions and limitations designed to protect both the road network and the public. This legislative change reflects a balance between supporting agricultural activities and maintaining road safety and integrity, as articulated by the relevant local councils through their indemnification requirements and additional conditions.

Scope and Application

The Heavy Vehicle National Law Queensland Class 1 Agricultural Vehicle (Coastal Zone 1) Dimension Exemption Amendment Notice 2016 (No. 1) applies to agricultural vehicles operating within specific local government areas in Queensland, including Bundaberg, Burdekin, Cairns, Cassowary Coast, Fraser Coast, Gladstone, Gold Coast, Gympie, Hinchinbrook, Isaac, Livingstone, Mackay, Rockhampton, Townsville, and Whitsunday. The Notice allows certain oversized agricultural vehicles to access major, minor, and critical roads within these areas, subject to additional conditions and exemptions. The amendment specifically updates the list of roads in the Gold Coast area where such vehicles are permitted. Operators of eligible vehicles must adhere to the conditions stipulated by the respective local councils, including indemnifying the councils against any claims arising from the use of the vehicles. The Notice is made under section 117 of the Heavy Vehicle National Law, which is in force in each participating jurisdiction, and it commenced on the date of its publication in the Commonwealth Gazette.

Key Provisions

The Queensland Class 1 Agricultural Vehicle (Coastal Zone 1) Dimension Exemption Amendment Notice 2016 (No. 1) amends the 2016 Queensland Class 1 Agricultural Vehicle (Coastal Zone 1) Dimension Exemption Notice, adding three roads in the Gold Coast area to the list of exempted roads. This amendment is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (HVNL) and commences on the date of publication in the Commonwealth Gazette. The amendment replaces Schedule 1 of the original Notice with a new Schedule 1, which lists the participating local government areas and additional conditions for minor roads. The obligations imposed by this Notice include indemnification requirements for vehicle operators using eligible vehicles in certain regions. For example, operators in the Bundaberg Region must indemnify the Bundaberg Regional Council and its employees against claims for damage or injury caused by the use of the specified vehicles. Similarly, operators in the Cairns Region must indemnify the Cairns Regional Council and its employees against such claims and must keep a copy of the trial proposal and the Notice as evidence of the Council's acknowledgment. In the Gladstone Region, operators must adhere to the standard conditions for movement of excess mass and dimension loads on the Gladstone Regional Council Road Network. Breaching the conditions set out in this Notice can lead to various civil or criminal consequences. While the Notice does not explicitly detail the penalties for breaches, under the Heavy Vehicle National Law, penalties for non-compliance can include fines and potential disqualification from driving. The specific penalties would depend on the nature and severity of the breach and would be determined in accordance with the relevant provisions of the HVNL.

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