Heavy Vehicle National Law - Queensland Guideline for Excess Dimension (Form 4) Amendment Notice 2016 (No. 1)

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Legislation au C2016G00974 In force Gazette

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Heavy Vehicle National Law

Queensland Guideline for Excess Dimension (Form 4) Amendment Notice 2016 (No. 1)

Statutory Instrument Series

Instrument Carried Over From Former Legislation - Amendment Notice

1                      Purpose

The purpose of this Notice is to remove a requirements imposed by a guideline made under Section 48 of the Transport Operations (Road Use Management — Mass, Dimensions and Loading) Regulation 2005 (Qld). 

Note

This Notice removes the requirement to obtain a Letter of No Objection and a police permit.

2                      Authorising Provision

This Notice is made under Section 23 of Schedule 1 of the Heavy Vehicle National Law.

3                      Commencement

This Notice commences on publication in the Commonwealth Gazette.

4                      Definitions

In this Notice—

primary notice means the Guideline for Excess Dimension - Vehicles Carrying Indivisible Articles, Special Purpose Vehicles, Vehicles that require a Pilot or Escort in Queensland, Form 4, Version 8 February 2013.

5                      Amendment of  primary Notice

(1)         The primary notice is amended as follows—

(a)           Subsection 9.1.2, omit.

(b)           Section 9.2, omit.

(c)           Section 9.3, omit.

 

Dated: 8 July 2016

 

 

 

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator

Overview

The Heavy Vehicle National Law Queensland Guideline for Excess Dimension (Form 4) Amendment Notice 2016 (No. 1) Statutory Instrument Series was enacted to streamline the process for heavy vehicles navigating Queensland roads, particularly those carrying indivisible articles, special purpose vehicles, and those requiring a pilot or escort. This amendment notice, published in the Commonwealth Gazette, was introduced to address the inefficiencies caused by the previous requirements of obtaining a Letter of No Objection and a police permit for such vehicles. The Notice was authorised under Section 23 of Schedule 1 of the Heavy Vehicle National Law and commenced on publication. Its primary objective is to facilitate smoother road use management by removing unnecessary bureaucratic hurdles, thereby enhancing operational efficiency for heavy vehicle operators.

Scope and Application

The Heavy Vehicle National Law Queensland Guideline for Excess Dimension (Form 4) Amendment Notice 2016 (No. 1) pertains specifically to vehicles that exceed standard dimensions and is applicable under the Transport Operations (Road Use Management — Mass, Dimensions and Loading) Regulation 2005 (Qld). This Notice aims to streamline the regulatory requirements for operators of heavy vehicles in Queensland, particularly those carrying indivisible articles, special purpose vehicles, and vehicles requiring a pilot or escort. By amending the primary notice, it removes the necessity for operators to obtain a Letter of No Objection and a police permit, thereby reducing bureaucratic hurdles. The Notice operates within the jurisdiction of Queensland, and its provisions are set forth under Section 23 of Schedule 1 of the Heavy Vehicle National Law, indicating its alignment with national heavy vehicle regulation standards while specifically addressing Queensland's road use management framework. The changes outlined in the Notice take effect upon its publication in the Commonwealth Gazette, impacting all entities and individuals subject to the amended guideline.

Key Provisions

The Heavy Vehicle National Law Queensland Guideline for Excess Dimension (Form 4) Amendment Notice 2016 (No. 1) Statutory Instrument Series, published as C2016G00974, amends the Transport Operations (Road Use Management — Mass, Dimensions and Loading) Regulation 2005 (Qld) by removing certain requirements for vehicles carrying indivisible articles, special purpose vehicles, or vehicles needing a pilot or escort in Queensland. This amendment is intended to streamline the process for such vehicles (sections 1 and 5). The primary document affected is the Guideline for Excess Dimension - Vehicles Carrying Indivisible Articles, Special Purpose Vehicles, Vehicles that require a Pilot or Escort in Queensland, Form 4, Version 8 February 2013, which is referred to as the primary notice (section 4). The changes involve omitting subsection 9.1.2, section 9.2, and section 9.3 of the primary notice (section 5(a), (b), and (c)). The Notice imposes a new operational standard for the mentioned vehicles by removing the necessity to obtain a Letter of No Objection and a police permit. This amendment aims to facilitate the movement of heavy vehicles in Queensland by reducing bureaucratic hurdles (section 1). It is important for operators of heavy vehicles in Queensland to be aware of these changes to ensure compliance with the updated guidelines. These vehicles must now adhere to the amended primary notice, which is less stringent in terms of documentation requirements. Breach of the amended provisions does not explicitly list specific offences, penalties, or civil/criminal consequences in the Notice itself. However, failure to comply with the updated guidelines may result in regulatory action under the Transport Operations (Road Use Management — Mass, Dimensions and Loading) Regulation 2005 (Qld). This could potentially include fines or other penalties as stipulated in the parent regulation. It is crucial for operators to ensure their vehicles comply with the amended guideline to avoid any legal repercussions.

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