Heavy Vehicle National Law - Queensland Class 3 Heavy Vehicle (Port of Brisbane Mass Management Scheme) Mass Exemption Notice 2022 (No. 1)

Overview

The Queensland Class 3 Heavy Vehicle (Port of Brisbane Mass Management Scheme) Mass Exemption Notice 2022 (No. 1) was enacted to allow for the operation of eligible heavy vehicles at masses equivalent to the Higher Mass Limits within the Port of Brisbane precinct, addressing the need for flexibility in mass management to facilitate efficient port operations. This notice, which came into effect on 1 July 2022 and expires on 30 June 2027, was made under section 117 of the Heavy Vehicle National Law (HVNL) by the National Heavy Vehicle Regulator. The policy objective is to provide a streamlined approach to managing vehicle masses within the port, ensuring operational efficiency while maintaining safety standards. The notice exempts specified types of eligible vehicles from certain mass requirements under the National Regulation, provided that strict conditions regarding mass and mass management accreditation are met.

Scope and Application

The Queensland Class 3 Heavy Vehicle (Port of Brisbane Mass Management Scheme) Mass Exemption Notice 2022 (No. 1) applies to specific heavy vehicles in Queensland, allowing them to operate at higher mass limits within the Port of Brisbane precinct. Eligible vehicles include tandem drive rigid trucks, tandem drive prime movers, tandem or tri-axle semitrailers, tandem or tri-axle dolly trailers, and B-doubles. This notice does not apply to 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, vehicles operating under permit for access to the road network, and vehicles operating under mass concession schemes or guidelines that allow above regulatory mass limits. The notice is made under section 117 of the Heavy Vehicle National Law (HVNL) and commenced on 1 July 2022, expiring on 30 June 2027. It exempts eligible vehicles from specific mass limits but imposes conditions, such as the requirement for operators of tri-axle groups to hold mass management accreditation and for drivers of eligible vehicles to produce a NHVAS interception book upon request. The notice applies to all roads within the Port of Brisbane Pty Ltd as detailed in Appendix A.

Key Provisions

The main operative sections of the Queensland Class 3 Heavy Vehicle (Port of Brisbane Mass Management Scheme) Mass Exemption Notice 2022 (No. 1) provide for the exemption of certain heavy vehicles from specific mass requirements, as outlined in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, provided they operate within the confines of and on roads under the control of the Port of Brisbane Pty Ltd (sections 8 and 11). The notice defines eligible vehicles (section 6) and sets out the additional mass limits for different axle configurations (section 9), as well as the requirement for tri-axle vehicle operators to hold mass management accreditation (section 10). The obligations imposed by this notice on the parties it governs include ensuring that eligible vehicles comply with the specified mass limits and conditions (sections 9 and 10). Operators of tri-axle vehicles must either hold mass management accreditation and display evidence of this accreditation on the towing vehicle when carrying higher mass limits or be accredited under another mass scheme approved or recognised by the Queensland Department of Transport and Main Roads. Additionally, drivers of eligible vehicles must produce a NHVAS interception book to an Authorised Officer when requested (section 10). The Notice does not explicitly outline offences, penalties, or consequences for breach. However, breaches of the conditions set out in the Notice, or failure to comply with the requirements of the Heavy Vehicle National Law (HVNL) more broadly, may result in civil or criminal penalties. Under the HVNL, offences can include significant fines and potential imprisonment, depending on the nature and severity of the breach. For example, the Heavy Vehicle National (Penalty Amounts) Regulation 2018 specifies that the maximum penalty for an offence under section 117 of the HVNL, which is the authorising provision for this Notice, is 200 penalty units (currently AUD 22,000) for a corporation and 40 penalty units (currently AUD 4,400) for an individual. More severe offences, such as those involving dangerous driving or causing death or injury, may attract higher penalties, including significant fines and imprisonment for terms of up to 10 years.