Heavy Vehicle National Law - Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2016 (No. 1)

Overview

The Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2016 (No 1) was enacted to address the need for the installation of CCTV cameras on Brisbane City Council buses, allowing for enhanced safety and security measures while operating within the specified dimensions. This exemption notice was introduced under section 117 of the Heavy Vehicle National Law and was authorised by the National Heavy Vehicle Regulator. The notice commenced on 1 July 2016 and was set to expire on 30 June 2017, providing a temporary solution to the regulatory requirements while allowing for the necessary modifications to the buses. The primary objective of this notice was to exempt eligible vehicles, defined as Brisbane City Council buses fitted with specified CCTV systems, from certain dimension requirements stipulated in the National Regulation, specifically the width limitation, to facilitate the operation of these buses with the added safety features. The notice exempts eligible vehicles from section 7(1) (Width) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation and from dimension requirements that may apply under the Heavy Vehicle (Vehicle Standards) National Regulation. Buses operating under this exemption must adhere to a maximum width of 2.6 meters, ensuring they remain within the allowable dimensions while benefiting from the installation of CCTV cameras. This exemption applies to all roads in Queensland where the eligible vehicles are authorised to travel, thereby addressing a gap in the legislation concerning the operational dimensions of buses equipped with CCTV systems.

Scope and Application

The Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2016 (No 1) applies specifically to Brisbane City Council buses that meet the defined criteria of being an eligible vehicle. An eligible vehicle is a Brisbane City Council bus fitted with a Closed-Circuit Television (CCTV) system and two cameras installed on the outside of the bus on the cant rail above the window line. This notice, made under section 117 of the Heavy Vehicle National Law, exempts these eligible vehicles from certain dimension requirements, specifically Section 7(1) (Width) of Schedule 6 of the National Regulation, and also from any dimension requirements that may apply as a vehicle standard under the Heavy Vehicle (Vehicle Standards) National Regulation. The notice allows eligible vehicles to operate within Queensland, provided they do not exceed a maximum width of 2.6 meters. This exemption applies to all roads in Queensland where an eligible vehicle is authorised to travel. The notice commenced on 1 July 2016 and is set to expire on 30 June 2017.

Key Provisions

The Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2016 (No 1) sets out specific provisions regarding the installation of CCTV cameras on Brisbane City Council buses, as detailed in sections 6 to 10 of the notice. Under section 6, an 'eligible vehicle' is defined as a Brisbane City Council bus fitted with a CCTV system and two cameras installed on the outside of the bus. The Notice, made under section 117 of the Heavy Vehicle National Law, commences on 1 July 2016 and expires on 30 June 2017. The Notice applies to eligible vehicles in Queensland, granting them exemption from certain dimension requirements stipulated in Section 7(1) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (section 8). However, eligible buses must not exceed a maximum width of 2.6m (section 9). This exemption extends to all roads in Queensland where these buses are authorised to travel (section 10). The obligations imposed by this notice are primarily on Brisbane City Council, specifically regarding the fitting of CCTV cameras on their buses in compliance with the defined parameters. Buses must be fitted with a CCTV system and two cameras as specified, and they must adhere to the maximum width limit of 2.6m. The Notice also mandates that these buses must only travel on roads where they are authorised. These obligations ensure that the buses maintain safety and compliance standards while benefiting from the dimension exemptions provided. Failure to comply with the conditions set out in this Notice may result in the vehicle no longer being considered 'eligible' under its terms, potentially leading to enforcement actions. Although the Notice itself does not specify penalties for breach, the broader legislative framework under which it operates may impose sanctions. For instance, under the Heavy Vehicle National Law, breaches of dimension requirements could lead to infringement notices, fines, and other civil or criminal penalties as determined by the relevant authorities. The exact penalties would depend on the severity and circumstances of the breach, as well as any applicable state or territory laws.