Heavy Vehicle National Law - Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2017 (No. 1)

Overview

The Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2017 (No 1) was enacted to address the need for CCTV camera installation on Brisbane City Council buses, facilitating improved safety and surveillance measures. This statutory instrument was made under section 117 of the Heavy Vehicle National Law and commenced on 1 July 2017, expiring on 30 June 2022. The policy objective is to exempt eligible vehicles from certain prescribed dimension requirements, allowing for the installation of CCTV systems without contravening national regulations, while ensuring that the buses do not exceed a maximum width of 2.6 metres. This exemption applies to all roads in Queensland where these buses are authorised to travel.

Scope and Application

The Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2017 (No 1) applies specifically to Brisbane City Council buses that are fitted with a Closed-Circuit Television (CCTV) system, including two cameras installed on the outside of the bus above the window line. This notice serves to exempt these eligible vehicles from certain prescribed dimension requirements under the Heavy Vehicle National Law, allowing for a greater width than would typically be permitted for vehicles of their class. This exemption is intended to facilitate the installation of CCTV systems on the buses, which must not exceed a width of 2.6 metres. The exemption applies to all roads in Queensland where these buses are authorised to travel, providing a regulatory framework that balances safety and operational needs. The notice, made under section 117 of the Heavy Vehicle National Law, commenced on 1 July 2017 and will expire on 30 June 2022, unless extended or modified by further legislation or subordinate instruments.

Key Provisions

The main sections of the Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2017 (No 1) (the Notice) include the purpose (section 2), authorising provision (section 3), commencement (section 4), expiry (section 5), title (section 6), definitions (section 6), exemption from prescribed dimension requirements (section 7), conditions on width (section 8), and the scope of the exemption (section 9). The purpose of the Notice is to allow the fitting of CCTV cameras to Brisbane City Council buses (section 2). This Notice is made under section 117 of the Heavy Vehicle National Law (section 3). It commences on 1 July 2017 and will expire on 30 June 2022 (sections 4 and 5). The Notice may be cited as the Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2017 (section 6). It defines an "eligible vehicle" as a Brisbane City Council Bus fitted with a CCTV system and two cameras installed on the outside of the bus on the cant rail above the window line (section 6(1)). It also defines "National Regulation" as the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (section 6(1)). The Notice exempts eligible vehicles from certain width requirements (section 7) and imposes a maximum width of 2.6m on such buses (section 8). This exemption applies to all roads in Queensland on which an eligible vehicle is authorised to travel (section 9). The Notice imposes certain obligations on the parties it governs. Brisbane City Council must ensure that any bus operating under the Notice is fitted with a CCTV system and two cameras as specified (section 6(1)). The buses must also comply with the maximum width requirement of 2.6m (section 8). Furthermore, the Notice applies to all roads in Queensland on which an eligible vehicle is authorised to travel (section 9). Therefore, Brisbane City Council must ensure that any eligible vehicle operates within the scope of the exemption, i.e., on roads in Queensland where such vehicles are authorised to travel. The Notice does not explicitly mention any offences, penalties, or civil/criminal consequences for breach. However, any breach of the conditions specified in the Notice may result in the vehicle no longer being considered "eligible" and thus no longer qualifying for the exemption. This could potentially lead to the vehicle being subject to the standard dimension requirements, which could involve additional compliance costs or operational restrictions. It is important for Brisbane City Council to ensure strict adherence to the conditions set out in the Notice to avoid any such consequences.