Heavy Vehicle National Law - Queensland Class 1 and Class 3 Toowoomba Connection Road Exemption Notice 2019 (No.1)

Overview

The Queensland Class 1 and Class 3 Toowoomba Connection Road Exemption Notice 2019 (No.1) was enacted to provide specific access for eligible heavy vehicles with Class 1 or Class 3 mass or dimension exemption permits under the Heavy Vehicle National Law (HVNL) to the Toowoomba Connection Road. This Notice was introduced to address the need for streamlined access to the Toowoomba Connection Road, which was previously part of the Warrego Highway before its realignment following the opening of the Toowoomba Bypass. Authorised under section 117 of the HVNL, the Notice was issued by the National Heavy Vehicle Regulator and commenced on 9 September 2019, coinciding with the re-alignment of the Warrego Highway. It is set to expire on 8 September 2020, unless otherwise extended. The primary objective of this Notice is to facilitate the smooth operation of eligible vehicles on the specified route, ensuring they are exempt from certain prescribed mass and/or dimension requirements as stipulated in their permits.

Scope and Application

The Queensland Class 1 and Class 3 Toowoomba Connection Road Exemption Notice 2019 (No. 1) applies specifically to heavy vehicles that hold a current Class 1 or Class 3 permit under the Heavy Vehicle National Law (HVNL) and are authorised to operate on a route that includes the Toowoomba Connection Road. This Notice is limited in its application to vehicles with a mass or dimension exemption permit that specifies the former Warrego Highway route now designated as the Toowoomba Connection Road. The Notice, made under section 117 of the HVNL, came into effect on 9 September 2019 and will expire on 8 September 2020, aligning with the re-alignment of the Warrego Highway following the opening of the Toowoomba Bypass. Vehicles that meet these criteria are exempt from the prescribed mass and/or dimension requirements specified in their permit when operating on the Toowoomba Connection Road, provided they comply with any conditions stipulated in their permit and those specific to the road.

Key Provisions

The key operative sections of the Queensland Class 1 and Class 3 Toowoomba Connection Road Exemption Notice 2019 (No.1) (the Notice) are sections 7, 8, and 10. Section 7 outlines the application of the Notice, specifying that it applies to a heavy vehicle operating under a current Class 1 or Class 3 permit issued under section 122 of the Heavy Vehicle National Law (HVNL) and that contains as part of its network conditions a route through Toowoomba corresponding to the Toowoomba Connection Road. Section 8 provides the exemption, allowing an eligible vehicle operating under this Notice to be exempt from the prescribed mass and/or dimension requirements specified in the permit. Section 10 outlines the conditions under which an eligible vehicle must comply when travelling on the Toowoomba Connection Road, including conditions specified in the mass or dimension exemption permit and those that apply to the vehicle when operating on a route corresponding with the Toowoomba Connection Road. The Notice imposes several obligations and requirements on the parties it governs. Firstly, eligible vehicles must operate under a current Class 1 or Class 3 permit issued under section 122 of the HVNL, which must contain as part of its network conditions a route through Toowoomba corresponding to the Toowoomba Connection Road. Secondly, eligible vehicles must comply with the conditions specified in the mass or dimension exemption permit and those that apply to the vehicle when operating on a route corresponding with the Toowoomba Connection Road. Failure to comply with these conditions could result in penalties or other consequences. The Notice does not explicitly outline offences, penalties, or consequences for breach. However, it is likely that breaches of the conditions specified in the mass or dimension exemption permit or those that apply to the vehicle when operating on a route corresponding with the Toowoomba Connection Road could result in penalties or other consequences under the HVNL. These penalties could include fines or imprisonment, depending on the severity of the breach. It is important for parties governed by the Notice to ensure they comply with all relevant conditions to avoid any potential penalties or consequences. It is worth noting that the Notice is made under section 117 of the HVNL and comes into effect on 9 September 2019, coinciding with the re-alignment of the Warrego Highway after the opening of the Toowoomba Bypass. The Notice expires on 8 September 2020, so it is important for parties governed by the Notice to be aware of the expiry date and ensure they comply with all relevant conditions before this date. Overall, the Notice provides important exemptions and conditions for eligible vehicles operating on the Toowoomba Connection Road, and it is essential for parties governed by the Notice to understand and comply with these requirements to avoid any potential penalties or consequences.