Heavy Vehicle National Law
Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2019 (No.1)
1 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.
Note: This Notice replaces the Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2016.
2 Title
This notice may be cited as the Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2019.
3 Commencement
This Notice commences on 1 July 2019.
4 Expiry
This Notice expires on 30 June 2024.
5 Authorising provision
(1) This Notice is made under the following section of the Heavy Vehicle National Law as applied in each participating jurisdiction—
a) Section 117: Regulator’s power to exempt category of class 3 heavy vehicles from compliance with mass or dimension requirement.
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: 4 June 2019
Peter Caprioli
Executive Director (Freight and Supply Chain Productivity)
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 |
Mossman 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 2019 (No.1) was introduced to streamline the transport of sugar cane to certain sugar mills in Queensland. This legislative instrument was enacted by the National Heavy Vehicle Regulator under section 117 of the Heavy Vehicle National Law, which empowers the Regulator to exempt a category of class 3 heavy vehicles from compliance with mass or dimension requirements. The primary objective of this Notice is to facilitate the efficient operation of sugar mills by allowing vehicles enrolled in a Registered Queensland Sugar Mill Mass Concession Scheme to transport sugar cane without adhering to specific mass limits. This Notice came into effect on 1 July 2019 and will remain in force until 30 June 2024, thereby providing a temporary exemption for the specified vehicles and routes.
Scope and Application
The Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2019 applies to eligible vehicles operating within Queensland, specifically those enrolled in a Registered Queensland Sugar Mill Mass Concession Scheme. This Notice allows such vehicles to be exempt from certain prescribed mass limits set out in the Heavy Vehicle (Mass Dimension and Loading) National Regulation. The exemption facilitates efficient transport of sugar cane to sugar mills that operate under a Registered Queensland Sugar Mill Mass Concession Scheme, which is registered with the Queensland Department of Transport and Main Roads and listed in Schedule 1 of the Notice. The Notice imposes specific conditions on the operation of eligible vehicles, including a requirement that they must not exceed certain mass limits and must comply with the provisions of the Registered Sugar Mill Mass Concession Scheme under which they are enrolled. This Notice will remain in effect until 30 June 2024 and may be extended or modified through subordinate instruments.
Key Provisions
This Notice, which comes into effect on 1 July 2019, provides an exemption for certain vehicles involved in transporting sugar cane to specific sugar mills in Queensland. This Notice replaces the Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2016, and it will remain in effect until 30 June 2024. The exemption is granted under Section 117 of the Heavy Vehicle National Law (HVNL), which allows the Regulator to exempt a category of class 3 heavy vehicles from compliance with mass or dimension requirements. This Notice applies to eligible vehicles operating within the scope of a Registered Queensland Sugar Mill Mass Concession Scheme, as detailed in Schedule 1.
The Notice exempts eligible vehicles from several general mass limits specified in Schedule 1 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation. These include certain provisions regarding prescribed mass limits, axle mass limits, and other related requirements. To qualify for this exemption, vehicles must adhere to several conditions, including not exceeding 7.5% over the prescribed mass limits, 10% over regulation axle mass limits, and the manufacturer’s ratings. Furthermore, these vehicles must be enrolled in a Registered Queensland Sugar Mill Mass Concession Scheme and comply with the provisions of that scheme. A copy of this Notice must be carried at all times when operating under its conditions.
Failure to comply with the conditions of this Notice may result in civil or criminal consequences, depending on the nature and severity of the breach. The specific penalties for non-compliance are not detailed in this Notice but are likely to be outlined in the Heavy Vehicle National Law or related regulations. These penalties can include fines, imprisonment, or both, depending on the jurisdiction and the specific provisions of the law. Additionally, non-compliance may also result in the vehicle being deemed non-compliant with the mass and dimension requirements, potentially leading to operational restrictions or prohibitions.