Heavy Vehicle National Law - Queensland Class 1 Comb Trailer Dimension Exemption Notice 2016 (No. 1)

Overview

The Queensland Class 1 Comb Trailer Dimension Exemption Notice 2016 (No. 1) was enacted to provide a temporary exemption from certain dimension requirements for comb trailers in Queensland, specifically designed and constructed for transporting the comb of a combine harvester and associated equipment. This statutory instrument was introduced under the Heavy Vehicle National Law and aims to facilitate the movement of these trailers while ensuring compliance with specified conditions and guidelines. The Notice applies to comb trailers in Queensland, both loaded and unloaded, and exempts them from the prescribed dimension requirements in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. It was enacted by the Commonwealth Department of Infrastructure and Regional Development and took effect on 1 July 2016, expiring on 30 June 2017. This exemption notice requires comb trailers to be fitted with an identification plate issued by the Commonwealth Department of Infrastructure and Regional Development. While operating under this exemption, comb trailers must comply with the Form 14 Guideline for agricultural vehicles, except where otherwise specified. The comb trailers may only be used to carry the comb of a combine harvester, other items associated with the comb’s functions, and equipment used to repair agricultural vehicles. The trailers must adhere to the comb trailer’s aggregate trailer mass, tyre and axle manufacturer’s ratings, and the towing vehicle’s capacity. Additionally, the trailers must not exceed 80km per hour when being towed by an agricultural machine or a motor vehicle. The exemption also mandates that the driver of a heavy vehicle operating under this notice must carry a copy of the Notice and present it to an authorised officer when requested.

Scope and Application

The Queensland Class 1 Comb Trailer Dimension Exemption Notice 2016 (No. 1) applies specifically to comb trailers, defined as trailers designed for transporting the comb of a combine harvester and associated equipment, within the state of Queensland. This exemption notice is made under the Heavy Vehicle National Law and provides relief from certain prescribed dimension requirements stipulated in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. The exemption is applicable to both loaded and unloaded comb trailers and allows them to operate in Queensland, subject to compliance with specified conditions and guidelines. Notably, this notice does not extend to the application of Schedule 8 of the National Regulation, and comb trailers must be equipped with an identification plate issued by the Commonwealth Department of Infrastructure and Regional Development. The exemption is in effect from 1 July 2016 until 30 June 2017, and drivers are required to keep a copy of the notice and produce it upon request from an authorised officer.

Key Provisions

The Queensland Class 1 Comb Trailer Dimension Exemption Notice 2016 (No. 1) provides exemptions from certain dimension requirements for comb trailers in Queensland. Specifically, section 8 of the Notice exempts eligible comb trailers from the requirements of Part 2 of Schedule 6 section 4 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. Comb trailers must comply with certain conditions to be eligible for this exemption. Firstly, they must be fitted with an identification plate issued by the Commonwealth Department of Infrastructure and Regional Development, as stipulated in section 9 of the Notice. Secondly, when operating with a header comb, the comb trailer must adhere to the Form 14 Guideline for excess dimension agricultural vehicles, except where the Notice provides otherwise, as detailed in section 10(1)(a). Furthermore, the comb trailer must only be used to carry the comb of a combine harvester, items associated with the comb’s functions, and equipment for repairing agricultural vehicles, as outlined in section 10(1)(b). The Notice imposes several obligations on the parties involved. The driver of a comb trailer operating under this exemption must keep a copy of the Notice and present it to an authorised officer when requested, as stated in section 12. Furthermore, there are specific operating conditions for comb trailers. They must not exceed certain mass and speed limits when being towed by an agricultural machine or a motor vehicle, as detailed in sections 10(1)(c) and 10(1)(d). These include not exceeding the comb trailer’s aggregate trailer mass, the tyre and axle manufacturer’s ratings, the towing vehicle’s towing capacity, and the comb trailer’s tyre and axle manufacturer’s ratings or towing mass ratios. The comb trailer must also not exceed 80km per hour, as specified in section 10(1)(e). The Notice also specifies the potential consequences for non-compliance. The Notice does not explicitly state penalties for breaches of its provisions, but non-compliance with the Heavy Vehicle National Law or the Heavy Vehicle (Mass, Dimension and Loading) National Regulation could result in penalties under those Acts. For example, under the Heavy Vehicle National Law, an individual could be fined up to 450 penalty units (approximately AUD 54,000) for each offence of operating a heavy vehicle in contravention of a prescribed dimension or mass requirement. Additionally, a corporation could be fined up to 2,250 penalty units (approximately AUD 270,000) for each offence. These penalties are in addition to any civil or criminal consequences that may apply under other legislation. It is important for comb trailer operators to be aware of these potential consequences and to ensure compliance with the Notice and the relevant regulations.