Heavy Vehicle National Law - Queensland Class 3 Heavy Vehicle (Port of Brisbane Mass Management Scheme) Mass Exemption Notice 2017 (No. 1)

Overview

The Queensland Class 3 Heavy Vehicle (Port of Brisbane Mass Management Scheme) Mass Exemption Notice 2017 (No. 1) was enacted to address the specific operational needs of heavy vehicles within the Port of Brisbane. The Notice was made under section 117 of the Heavy Vehicle National Law (HVNL) and commenced on 1 July 2017, with an expiry date of 30 June 2022. This exemption notice provides an allowance for certain types of eligible vehicles to operate at higher mass limits within the confines of the Port of Brisbane Pty Ltd. These vehicles include tandem drive rigid trucks, tandem drive prime movers, tandem or tri-axle semitrailers, tandem or tri-axle dolly trailers, and B-doubles. The Notice exempts these vehicles from certain mass limits specified in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, provided that the vehicles meet specific conditions, including holding appropriate mass management accreditation and indemnifying Queensland Transport and Main Roads and the National Heavy Vehicle Regulator against any claims arising from their operation.

Scope and Application

This notice establishes a mass exemption scheme for certain heavy vehicles operating within the Port of Brisbane under the Heavy Vehicle National Law. Specifically, it exempts eligible vehicles, defined as tandem drive rigid trucks, tandem drive prime movers, tandem or tri-axle semitrailers, tandem or tri-axle dolly trailers, and B-doubles, from certain prescribed mass requirements within the precinct of the Port of Brisbane. This exemption is intended to facilitate the efficient operation of these vehicles within the port, subject to specific conditions and limitations. The notice applies to eligible vehicles operating in Queensland, specifically on all roads within the Port of Brisbane, as detailed in Appendix A of the notice. This exemption extends from 1 July 2017 until 30 June 2022 and does not apply to various other classes of vehicles, including truck and dog trailer combinations, truck and pig trailer combinations, pig trailers (except converter dollies used in multi-combinations), single drive axle trucks, single axle trailers, and vehicles operating under other mass concession schemes. The exemption from prescribed mass requirements excludes certain sections of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. However, the operation of eligible vehicles under this notice is subject to general conditions, such as the requirement for operators of vehicles with tri-axle groups to hold mass management accreditation or be accredited under another approved scheme, the requirement for drivers to produce a NHVAS interception book when requested, and the requirement for operators to indemnify Queensland Transport and Main Roads and the National Heavy Vehicle Regulator against claims arising from the use of the vehicles. Additionally, the notice imposes specific axle mass limits for the eligible vehicles operating under this exemption.

Key Provisions

The primary operative sections of this notice, particularly Sections 9 and 11, specify that certain vehicles, defined under Section 6, can operate within the Port of Brisbane at higher mass limits than normally allowed. This exemption is strictly limited to the roads within the confines and under the control of the Port of Brisbane, as detailed in Appendix A. The notice exempts these eligible vehicles from the general mass limits specified in Schedule 1 of the National Regulation (Section 9). Section 11 imposes specific conditions on the mass limits of the axles of these eligible vehicles, allowing a specified increase over standard mass limits, provided the vehicle meets certain criteria. The notice imposes several obligations on the parties it governs. Operators of eligible vehicles must either hold mass management accreditation and display evidence of it, or be accredited under another mass scheme approved or recognised by the Queensland Department of Transport and Main Roads (Section 10(1)). Drivers of tandem drive rigid trucks must produce a NHVAS interception book to an authorised officer upon request (Section 10(2)). Additionally, operators of eligible vehicles must indemnify Queensland Transport and Main Roads, or the National Heavy Vehicle Regulator and their employees, against any claims, actions, or processes for any damage or injury due to the use of vehicles under this notice (Section 10(3)). The notice delineates specific offences and penalties for breaches, although the exact penalties are not stated within the notice. Operators or drivers who fail to comply with the conditions set out in Sections 10 and 11 may face civil or criminal consequences. Failure to display evidence of accreditation, produce a NHVAS interception book, or indemnify Queensland Transport and Main Roads or the National Heavy Vehicle Regulator could result in legal action. Furthermore, operating a vehicle in breach of the specified mass limits, as outlined in Section 11, could lead to penalties under the Heavy Vehicle National Law and associated regulations. The notice does not explicitly state maximum penalties, but such breaches could attract significant fines or other legal repercussions as per the broader legislative framework.