Heavy Vehicle National Law - Queensland Class 3 Heavy Vehicle (Grain Harvest Management Scheme) Mass Exemption Notice 2019 (No.1)

Overview

The Queensland Class 3 Heavy Vehicle (Grain Harvest Management Scheme) Mass Exemption Notice 2019 was enacted to facilitate efficient grain harvest operations while safeguarding road infrastructure by preventing gross overloading during the grain harvest season. This notice, replacing the 2016 version, is made under the Heavy Vehicle National Law and aims to streamline administrative procedures and compliance activities in line with the Queensland Grain Harvest Management Scheme (GHMS). It was issued by the National Heavy Vehicle Regulator and came into effect on 1 July 2019, expiring on 30 June 2024. The notice applies to eligible vehicles in Queensland, which must adhere to specific mass limits and operational requirements to benefit from the exemption provided under this legislation.

Scope and Application

The Queensland Class 3 Heavy Vehicle (Grain Harvest Management Scheme) Mass Exemption Notice 2019 (No. 1) applies specifically to eligible heavy vehicles in Queensland that are engaged in the direct delivery of grain, oil seeds, or pulses from a farm to the nearest approved Grain Harvest Management Scheme (GHMS) receiver. This notice is crafted to streamline the grain harvest process and protect road infrastructure by preventing gross overloading of vehicles, thereby aligning with the objectives of the Queensland GHMS. It operates within the framework of the Heavy Vehicle National Law, particularly under section 117, and replaces the 2016 exemption notice. The exemption applies to all roads in Queensland, except where specified in the Grain Harvest Management Scheme Accreditation Booklet, which outlines the areas or routes excluded from this notice. Additionally, the notice exempts eligible vehicles from certain mass limits specified in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, subject to the condition that the vehicle's mass does not exceed 7.5% over the general mass limit for the vehicle combination, 10% over the general mass limit for an axle or axle group mass, and the manufacturer’s rating for the vehicle. Operators must register with AgForce and comply with the requirements outlined in the Grain Harvest Management Scheme Accreditation Booklet to benefit from this exemption. This notice is set to commence on 1 July 2019 and will expire on 30 June 2024 unless otherwise altered by subordinate instruments.

Key Provisions

The Queensland Class 3 Heavy Vehicle (Grain Harvest Management Scheme) Mass Exemption Notice 2019 (No. 1) primarily focuses on the efficient management of grain harvest operations in Queensland while safeguarding the road infrastructure. The notice exempts eligible vehicles from certain mass limits, as specified in sections 2(1)(a)(iv), 2(1)(b), 4, and 5(1), (2), and (3) of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (section 9). Eligible vehicles, which include those of a recognisable configuration and those making direct deliveries of grain, oil seeds, or pulses from a farm to the nearest approved GHMS receiver, are subject to this exemption (section 10(1)). The maximum permissible mass for these vehicles is set at 7.5% over the general mass limit applying to the vehicle combination, 10% over the general mass limit applying to an axle or axle group mass, and cannot exceed the manufacturer’s rating (section 10(1)(a), (b), and (c)). Additionally, eligible vehicles cannot receive benefits from other mass exemptions under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (section 10(2)). The notice imposes several obligations on the parties it governs. Firstly, registered operators of eligible vehicles must be registered with AgForce (section 10(3)). Secondly, these vehicles must be operated in compliance with the Grain Harvest Management Scheme Accreditation Booklet (section 10(4)). Furthermore, operators of eligible vehicles under this notice are required to indemnify the Queensland Department of Transport and Main Roads, the National Heavy Vehicle Regulator, and their employees against any claims, actions, or processes for damage or injury resulting from the use of these vehicles (section 10(5)). The notice also outlines the potential consequences for non-compliance. Although the notice itself does not specify particular offences or penalties, breaches of the Heavy Vehicle National Law or associated regulations could result in civil or criminal consequences. For example, the Heavy Vehicle National (Mass, Dimension and Loading) Regulation 2015 includes provisions for infringement notices with penalties up to $3,300 for individuals and $16,500 for bodies corporate. Furthermore, more serious breaches could lead to court proceedings with higher penalties, including fines up to $165,000 for individuals and $825,000 for bodies corporate, as stipulated in the Heavy Vehicle National Law. These penalties reflect the seriousness of non-compliance and the potential risks to road safety and infrastructure.