Heavy Vehicle National Law
Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2016 (No.1)
Statutory Instrument Series:
Class 1/3 Heavy Vehicle Exemption Notice - Mass Exemption
1 Authorising provision
This Notice is made under the following section of the Heavy Vehicle National Law as applied in each participating jurisdiction—
Section 117: Regulator’s power to exempt category of class 3 heavy vehicles from compliance with mass or dimension requirement.
2 Purpose
The purpose of this notice is to allow for an efficient transport of sugar cane to particular sugar mills operating under a Registered Queensland Sugar Mill Mass Concession Scheme.
3 Title
This notice may be cited as the Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2016.
4 Commencement
This Notice commences on 1 July 2016.
5 Expiry
This Notice expires on 30 June 2019.
6 Definitions
(1) Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL.
(2) In this notice:
Eligible vehicle means a vehicle that is enrolled in a Registered Queensland Sugar Mill Mass Concession Scheme.
Registered Queensland Sugar Mill Mass Concession Scheme is a scheme registered with Queensland Department of Transport and Main Roads (TMR) and listed in Schedule 1 of this Notice.
7 Application
This Notice applies to eligible vehicles in Queensland.
8 Areas & Routes
This Notice applies to the areas and routes set out in a relevant Registered Sugar Mill Queensland Mass Concession Scheme.
9 Exemption from Prescribed Mass Requirements
(1) This Notice exempts an eligible vehicle from the following general mass limits specified in Schedule 1 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (the Regulation):
(a) Section 2(1)(a)(iv); and
(b) Section 2(1)(b); and
(c) Section 4; and
(d) Section 5(1), (2) and (3).
10 Conditions-Maximum Permissible Mass
(1) Vehicles operating under this notice must not exceed:
(a) 7.5% over prescribed mass limits; and
(b) 10% over regulation axle mass limits; and
(c) Notwithstanding subsections a) and b) above, the manufacturer’s ratings.
11 General Conditions
(1) A vehicle operating under this Notice must:
(a) Be an eligible vehicle; and
(b) Comply with the provisions of the Registered Queensland Sugar Mill Mass Concession Scheme in which it is enrolled and under which it is operating.
(2) A copy of this Notice must be carried at all times when operating under the conditions of this Notice.
Date: 22 June 2016
Sal Petroccitto
Chief Executive Officer
National Heavy Vehicle Regulator
Schedule 1 Registered Queensland Sugar Mill Mass Concession Schemes
Registered Queensland Sugar Mill Mass Concession Scheme |
Rocky Point Sugar Mill Self Regulation (Mass Concession) Scheme |
Bundaberg Sugar Mill Self Regulation (Mass Concession) Scheme |
Maryborough Sugar Mill Self Regulation (Mass Concession) Scheme |
Tablelands Sugar Mill Self Regulation (Mass Concession) Scheme |
Overview
The Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2016 (No. 1) was introduced to facilitate the efficient transport of sugar cane to specific sugar mills in Queensland by exempting them from certain mass requirements. Enacted under the authority of Section 117 of the Heavy Vehicle National Law, as applied in Queensland, this notice was made by the National Heavy Vehicle Regulator. It aims to streamline the logistics of transporting sugar cane to participating sugar mills by exempting eligible vehicles from specific mass limits, provided they comply with the conditions set out in the Registered Queensland Sugar Mill Mass Concession Scheme. The notice applies to eligible vehicles operating within designated areas and routes as outlined in the schemes registered with the Queensland Department of Transport and Main Roads and listed in Schedule 1 of the notice. This exemption notice was introduced to address operational challenges faced by sugar mills in efficiently transporting heavy loads while ensuring safety and compliance within specified limits.
Scope and Application
The Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2016 (No. 1) applies to eligible vehicles operating in Queensland, which are those enrolled in a Registered Queensland Sugar Mill Mass Concession Scheme. The Notice is designed to facilitate the efficient transport of sugar cane to specific sugar mills while ensuring that these vehicles comply with certain mass limitations. The Notice exempts eligible vehicles from particular mass limits specified in the Heavy Vehicle (Mass Dimension and Loading) National Regulation, allowing them to operate under the conditions of the Registered Queensland Sugar Mill Mass Concession Scheme. The Notice applies to the areas and routes defined within these schemes, which are registered with the Queensland Department of Transport and Main Roads and detailed in Schedule 1 of the Notice. This exemption is temporary, coming into effect on 1 July 2016 and expiring on 30 June 2019. Vehicles must adhere to specific conditions, such as not exceeding 7.5% over prescribed mass limits, 10% over regulation axle mass limits, and must not surpass the manufacturer's ratings. Additionally, vehicles must comply with the terms of the Registered Queensland Sugar Mill Mass Concession Scheme and carry a copy of the Notice at all times.
Key Provisions
The Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2016 (No. 1) sets out specific provisions for the exemption of certain heavy vehicles from general mass requirements, as specified in the Heavy Vehicle (Mass Dimension and Loading) National Regulation (section 9). The Notice provides an exemption to eligible vehicles (section 6) that are enrolled in a Registered Queensland Sugar Mill Mass Concession Scheme (section 6). Eligible vehicles are those registered with the Queensland Department of Transport and Main Roads (TMR) and listed in Schedule 1 of this Notice (section 6(2)). This exemption applies to the areas and routes outlined in the relevant Registered Sugar Mill Queensland Mass Concession Scheme (section 8). The Notice allows these vehicles to operate under certain conditions, exempting them from specified mass limits (section 9).
The obligations imposed by this Notice are primarily on the operators of eligible vehicles. To comply, vehicles must be enrolled in a Registered Queensland Sugar Mill Mass Concession Scheme and must adhere to the conditions of that scheme (section 11(1)). Additionally, operators must ensure that a copy of this Notice is carried at all times when operating under its conditions (section 11(2)). The Notice also imposes a condition on the maximum permissible mass that eligible vehicles can carry, stipulating that they must not exceed certain limits over the prescribed mass and regulation axle mass limits, while also adhering to the manufacturer’s ratings (section 10).
Breaches of the conditions set out in this Notice can lead to various legal consequences. Although the Notice does not explicitly outline specific offences or penalties, it operates under the broader framework of the Heavy Vehicle National Law, which includes potential civil and criminal penalties for non-compliance. The maximum penalties for breaches under the Heavy Vehicle National Law can include fines of up to $16,500 for individuals and significantly higher amounts for corporations, along with potential imprisonment terms. Therefore, operators must ensure strict adherence to the Notice to avoid these consequences.