Heavy Vehicle National Law - Queensland Class 1 Comb Trailer Dimension Exemption Notice 2017 (No. 1)

Overview

The Queensland Class 1 Comb Trailer Dimension Exemption Notice 2017 (No. 1) was enacted to provide a temporary exemption from certain dimension requirements for comb trailers in Queensland, as stipulated in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This statutory notice was made under section 117 of the Heavy Vehicle National Law and is an initiative of the Commonwealth Department of Infrastructure and Regional Development. The notice came into effect on 1 July 2017 and is set to expire on 30 June 2022, aiming to facilitate the efficient movement of comb trailers used for transporting the comb of a combine harvester and associated equipment while ensuring safety and compliance with certain conditions. The exemption applies to both loaded and unloaded comb trailers, subject to specific operating conditions and requirements, such as the fitting of an identification plate and adherence to speed limits and mass ratings.

Scope and Application

The Queensland Class 1 Comb Trailer Dimension Exemption Notice 2017 applies to comb trailers used in the movement of loaded and unloaded agricultural equipment in Queensland. It provides an exemption from certain dimension requirements set out in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, but only for eligible vehicles within the geographic scope of Queensland. This Notice is made under section 117 of the Heavy Vehicle National Law, and it commenced on 1 July 2017, expiring on 30 June 2022 unless otherwise amended. The exemption applies to comb trailers, which are trailers specifically designed for transporting the comb of a combine harvester and associated equipment. Comb trailers must be fitted with an identification plate issued by the Commonwealth Department of Infrastructure and Regional Development and must adhere to specific operating conditions, including compliance with the Form 14 Guideline for agricultural vehicles. The Notice excludes the application of Schedule 8 of the National Regulation and allows comb trailers to operate on any route or in any area permitted under the Form 14 Guideline. The driver of a heavy vehicle operating under this exemption must keep a copy of the Notice and produce it upon request by an authorised officer.

Key Provisions

The Queensland Class 1 Comb Trailer Dimension Exemption Notice 2017 (No. 1) (the "Notice") is a statutory instrument that exempts certain comb trailers from specified dimension requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. The Notice applies to comb trailers in Queensland, which are trailers specifically designed to transport the comb of a combine harvester and associated equipment, and it exempts them from the requirements outlined in Part 2 of Schedule 6 section 4 of the National Regulation (section 8). This exemption applies to both loaded and unloaded comb trailers (section 7). The Notice imposes several obligations on the parties it governs. A comb trailer must be fitted with an Identification Plate issued by the Commonwealth Department of Infrastructure and Regional Development (section 9). Additionally, the driver of a heavy vehicle operating under this exemption must keep a copy of this Notice in their possession and must produce the Notice to an authorised officer when requested (section 12). The comb trailer must comply with the Form 14 Guideline as it applies to agricultural vehicles, except as otherwise provided by this Notice (section 10(a)). It must also be used only to carry the comb of a combine harvester, other items associated with the performance of the comb’s functions, and equipment used to repair agricultural vehicles (section 10(b)). When being towed by an agricultural machine, the comb trailer must not exceed the comb trailer’s aggregate trailer mass and the tyre and axle manufacturer’s ratings (section 10(c)). When being towed by a motor vehicle, the comb trailer must not exceed the towing vehicle’s towing capacity, the comb trailer’s aggregate trailer mass, the comb trailer’s tyre and axle manufacturer’s ratings, or the towing mass ratios (section 10(d)). The comb trailer must also not exceed 80 km per hour (section 10(e)). The Notice expressly excludes the application of Schedule 8 of the National Regulation to this exemption (section 11). It also states that a heavy vehicle operating under this Notice may operate on any route or in any area it would have been authorised to travel on under the Form 14 Guideline (section 13). The Notice does not specify any offences, penalties, or consequences for breach. However, any breach of the Heavy Vehicle National Law or the National Regulation may result in civil or criminal penalties. The penalties for breaches of the National Regulation include fines of up to $22,200 for individuals and $111,000 for bodies corporate, as well as imprisonment for up to two years for individuals and five years for bodies corporate (section 267 of the Heavy Vehicle National Act 2012).