Heavy Vehicle National Law - Queensland Class 3 Heavy Vehicle Additional Concessional Mass Limits Exemption Notice 2019 (No.1)

Overview

The Queensland Class 3 Heavy Vehicle Additional Concessional Mass Limits Exemption Notice 2019 (No. 1) was introduced to address the need for more flexible mass limits for certain class 3 heavy vehicles in Queensland, specifically those fitted with a single steer axle, twin steer axle groups with a load-sharing suspension system, or a single axle fitted with dual tyres. This notice was enacted under section 117 of the Heavy Vehicle National Law, which is administered by the National Heavy Vehicle Regulator. The policy objective is to provide an exemption from specific mass requirements in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation to allow for additional mass under concessional mass limits, thereby enhancing operational efficiency for certain heavy vehicles in Queensland. The notice applies to concessional mass limits heavy vehicles in Queensland that meet the specified criteria, including those with a maximum mass permitted under general mass limits exceeding 85 tonnes but not more than 120 tonnes, or those with a maximum mass permitted exceeding 120 tonnes. The exemption from certain mass requirements allows these vehicles to operate with increased mass limits, subject to specific conditions that cap the mass of each axle or axle group and the overall vehicle mass. This exemption aims to balance operational needs with safety and road integrity considerations.

Scope and Application

The Queensland Class 3 Heavy Vehicle Additional Concessional Mass Limits Exemption Notice 2019 (No.1) applies to class 3 heavy vehicles in Queensland that meet specific criteria, namely those fitted with a single steer axle, twin steer axle groups with a load-sharing suspension system, or a single axle fitted with dual tyres, and those with a maximum mass permitted for the vehicle under the general mass limits that is more than 85t but not more than 120t or more than 120t. The notice exempts these vehicles from certain mass requirements specified in the National Regulation to allow them additional mass under the concessional mass limits. The notice applies only in Queensland and provides exemptions to the specified mass requirements while setting conditions on the maximum permissible mass of axles and axle groups and specifying routes where the vehicles can be used. The notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction and will expire on 9 February 2024.

Key Provisions

The primary sections of the Queensland Class 3 Heavy Vehicle Additional Concessional Mass Limits Exemption Notice 2019 (No. 1) pertain to the exemption of certain class 3 heavy vehicles from specific mass requirements outlined in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (section 8). The vehicles eligible for this exemption must be fitted with a single steer axle, twin steer axle groups with a load-sharing suspension system, or a single axle fitted with dual tyres (section 6). The exemption applies to vehicles with a maximum mass permitted under the general mass limits exceeding 85t but not more than 120t, or exceeding 120t (section 6). This notice is applicable solely within Queensland and sets maximum permissible mass limits for each axle or axle group (section 9, Table 1) and the overall vehicle mass (section 11). The Act imposes several obligations on the parties it governs. Eligible heavy vehicles must adhere to the maximum mass limits specified for each axle or axle group and for the overall vehicle (sections 9 and 11). Additionally, B-double vehicles must only use approved routes as outlined in the National Class 2 Heavy Vehicle B-double Authorisation Notice, and road trains must use approved routes as specified in the National Class 2 Heavy Vehicle Road Train Authorisation Notice (sections 13 and 14). Any increase in mass permitted due to the application of the notice must not exceed the general mass limits for the vehicle (section 10). Breaching the provisions of this notice can lead to civil and potentially criminal consequences. Although the notice does not explicitly state the penalties, violations of the Heavy Vehicle National Law can result in significant penalties. For example, under section 233 of the HVNL, a person who contravenes a provision of the HVNL for which a penalty is prescribed may be liable to a fine of up to $12,150 for an individual and $60,750 for a body corporate, depending on the severity of the breach. Additionally, serious breaches could lead to more severe criminal penalties, including imprisonment, as per the HVNL. The notice ensures compliance by setting out clear parameters for the use of additional mass limits on specified heavy vehicles within Queensland.