Heavy Vehicle National Law - Queensland Class 2 Road Train (Burke Development Road) Authorisation Notice 2017 (No. 1)

Overview

The Queensland Class 2 Road Train (Burke Development Road) Authorisation Notice 2017 (No. 1) was introduced to address the need for specific authorisation of Type 2 road train operations on particular roads in north Queensland, namely the Burke Development Road from Mungana to the Ootan intersection and to Ootan Road. This notice was enacted by the National Heavy Vehicle Regulator under section 138 of the Heavy Vehicle National Law. It came into effect on 1 July 2017 and will remain in force until 30 June 2022, providing a framework to manage and regulate the operation of these heavy vehicles on designated routes. The primary aim is to ensure the safe and controlled operation of Type 2 road trains on these roads, taking into account the unique challenges and requirements of the routes in question.

Scope and Application

The Queensland Class 2 Road Train (Burke Development Road) Authorisation Notice 2017 applies specifically to Type 2 road trains operating on the Burke Development Road from Mungana to the Ootan intersection, as well as on Ootan Road in north Queensland. This authorisation is made under section 138 of the Heavy Vehicle National Law (HVNL) and is effective from 1 July 2017 until 30 June 2022. The Notice mandates that these vehicles adhere to specific conditions, including the use of warning lights, speed restrictions, and operational protocols to ensure safety and compliance with the HVNL. The Notice stipulates that Type 2 road trains must not exceed a speed limit of 60 kph on certain sections of the Burke Development Road and Ootan Road, and must not operate in convoy, requiring a minimum separation distance of 2 km between multi-combination vehicles. Additionally, operators must utilise a "call point" contact system at signal points along the approved route, communicating on UHF Channel 40. This Notice does not extend to areas outside the specified routes and is subject to the conditions set out in the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2015.

Key Provisions

The primary sections of the Queensland Class 2 Road Train (Burke Development Road) Authorisation Notice 2017 (No. 1) outline the authorisation for Type 2 road trains on specific roads in north Queensland (section 5). The Notice specifies the Burke Development Road from Mungana to the Ootan intersection and Ootan Road as the routes permitted for these vehicles (section 8). The Notice also sets out operating conditions for these vehicles, including speed limits, warning light requirements, and restrictions on convoy operation (section 9). The Notice imposes several obligations on the operators of Type 2 road trains. They must adhere to the conditions detailed in the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2015 (section 9(1)). Additionally, these vehicles are not permitted to travel on the Burke Development Road east of the Almaden-Ootan Rd intersection (section 9(2)). Operators must also ensure that the road trains are fitted with specific warning lights that emit a rotating flashing yellow light flashing between 120 and 200 times per second, with a minimum power of 55 watts, visible up to 500 metres in all directions (section 9(5)). Operators must also ensure that their vehicles do not exceed a speed limit of 60kph on certain sections of the roads and must use a call point contact system at signal points along the route (sections 9(6) and 9(8)). Breach of the conditions outlined in the Notice may lead to civil and criminal consequences. While the Notice does not explicitly state penalties, it is likely that penalties under the Heavy Vehicle National Law (HVNL) would apply. Under the HVNL, breaches of road train operating conditions could result in substantial fines and potential disqualification from driving heavy vehicles. The exact penalties would be determined based on the specific breach and the discretion of the court or relevant authority. Operators are therefore required to strictly adhere to all conditions to avoid any legal repercussions.