Heavy Vehicle National Law - Queensland Higher Mass Limits Declaration 2019 (No.1)

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Legislation au C2019G00069 In force Gazette

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 HEAVY VEHICLE NATIONAL LAW

 Queensland Higher Mass Limits Declaration 2019 (No.1)

 

1)      Purpose

1)      The purpose of this Declaration is to authorise heavy vehicles eligible to use Higher Mass Limits (HML) on stated areas and routes, during stated hours of stated days and to state the conditions under which they may be used.

Note:  The Queensland Higher Mass Limits Operator’s Guide (Operator’s Guide) provides more information for operation under this Declaration. The Operator’s Guide is maintained and published by the National Heavy Vehicle Regulator (NHVR).

2)      Authorising Provision

1)      This Declaration is made under section 12 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation).

 

3)      Title

1)      This Declaration may be cited as the Queensland Higher Mass Limits Declaration 2019 (No.1).

 

4)      Commencement

1)      This Declaration commences on 10 February 2019.

 

5)      Expiry

1)      This Declaration expires on 10 February 2024.

 

6)      Definitions

1)      Unless otherwise stated, words and expressions used in this Declaration have the same meanings as those defined in the Heavy Vehicle National Law (HVNL).

2)      In this Declaration:

Intelligent Access Program conditions (IAP conditions) have the meaning provided under Chapter 7 of the HVNL.

Performance based standards (PBS) have the same meaning provided under Chapter 1 of the HVNL.

 

 

7)      Application

1)      This Declaration applies to an eligible vehicle operating in Queensland that complies with the provisions of this Declaration.

 

8)      Eligible Vehicles

1)      An eligible vehicle operating under this Notice means:

a)      A heavy vehicle that complies with the HML requirements in Schedule 5 of the National Regulation.

b)      PBS vehicle approved to operate at HML.

2)      As an exception to 1), a vehicle that is a bus may not operate under this Notice.

 

9)      Conditions – Tri-drive prime mover restriction in a B-double and road train combinations

1)      Access for tri-drive prime movers in a B-double or a road train combination is not authorised under this Declaration.

2)      In this section, tri-drive prime mover means a prime mover with a drive axle group consisting of three axles, all of which are in contact with the road.

 

10)  Conditions - Stated areas or routes

1)      An eligible vehicle operating in Queensland may access the following network:

a)      A HML vehicle of a category stated in Column 1 of Table 2 is authorised to be used on the stated areas or routes set out in Column 2.

b)      A HML vehicle that is a 23 metre B-double may operate on connecting 23 and 25 metre B-double and road train routes to a radial distance of 500m from the National Road Network in Queensland.

c)       A HML vehicle that is a 25 or 26 metre B-double may operate on connecting 25 metre B-double and road train routes to a radial distance of 500m from the National Road Network in Queensland.

d)      A HML vehicle that is a Type 1 road train may operate on connecting road train routes to a radial distance of 500m from the National Road Network in Queensland.

e)      A HML vehicle that is a Type 2 road train may operate on connecting Type 2 road train routes to a radial distance of 500m from the National Road Network in Queensland.

 


 Table 2-Routes and areas for eligible HML vehicles

Column 1

Column 2

Vehicle Category

Routes or areas authorised for HML

General Access

A general access vehicle may only use routes for Higher Mass Limits

B-double

A B-double may only use the routes and areas that are approved for both:

  • Higher Mass Limits; and
  • Multi-combination routes

Type 1 road train

A Type 1 road train may use the routes and areas that are approved for both:

  • Higher Mass Limits; and
  • Road train routes

Type 2 road train

A Type 2 road train may use the routes and areas that are approved for both:

  • Higher Mass Limits; and
  • Type 2 Road train routes

PBS vehicle

A PBS vehicle may use the routes and areas that are approved for both:

  • Higher Mass Limits; and
  • Approved PBS routes as per approval

 

Note: Queensland Networks approved under this Declaration can be located on the Queensland Globe website, published and maintained by the Queensland Government.

 

11)  Conditions – Intelligent access program (IAP)

1)      Intelligent Access Program (IAP) is authorised and regulated by Chapter 7 of the Heavy Vehicle National Law, (HVNL). It allows heavy vehicles to have access, or improved access to the road network in return for monitoring, by an intelligent transport system, of their compliance with stated access conditions.  

 

a)      Vehicle/s must have an Intelligent Transport System (ITS) approved by Transport Certification Australia (TCA) installed for the purpose of the IAP, for use by an IAP service provider to monitor the relevant monitoring matters for an intelligent access program vehicle.

b)      Each vehicle is subject to monitoring of the following by an ITS used by an IAP service provider:

  1. the roads on which the vehicle is to be used on those routes and networks indicated in the Queensland HML Network
  2. the times when the vehicle may be driven on the road under this notice
  3. the maximum speed at which the vehicle may be driven on the road under this notice
  4. any other information as agreed between the operator and the IAP service provider including vehicle mass and configuration, system malfunctions, tampering and speed.

 


12)  Conditions - Self Declaration

1)      If an Approved Intelligent Transport System utilises a Self-Declared Input Device (SDID), the relevant information must be entered into the SDID by:

a)      the driver, if the SDID is fitted in or on the vehicle; or

b)      the participating operator, if the SDID is fitted in a place other than the place mentioned in subsection (a).

2)      The relevant information must be true and accurate and must be re-entered irrespective of the mass of the vehicle whenever:

a)      there is a change to the vehicle mass or configuration; or

b)      if prompted by the SDID.

3)      For the purpose of this subsection relevant information means information relating to the mass or configuration of the vehicle.

 

 

Peter Caprioli

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator

 

Overview

The Queensland Higher Mass Limits Declaration 2019 (No. 1) was enacted to address the need for allowing certain heavy vehicles to operate within Queensland under higher mass limits on specified routes and areas, during certain times, while adhering to specific conditions. This legislation, made under section 12 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, aims to facilitate the movement of eligible vehicles, ensuring compliance with national regulations while enhancing productivity in freight and supply chains. The Declaration applies to heavy vehicles that meet the higher mass limit requirements and performance-based standards, excluding buses, and mandates the use of an Intelligent Access Program to monitor compliance with stated access conditions. This initiative by the Queensland Government, in collaboration with the National Heavy Vehicle Regulator, seeks to optimise the efficiency of heavy vehicle operations within the state. The primary objective of this Declaration is to provide a framework for the authorised use of higher mass limit heavy vehicles on designated routes and areas within Queensland, subject to compliance with conditions outlined in the legislation. This includes the use of Intelligent Access Programs to monitor vehicle compliance with access conditions, ensuring safety and efficiency on the road network. The Declaration is designed to support the broader policy objectives of enhancing freight and supply chain productivity while maintaining stringent safety standards for heavy vehicle operations.

Scope and Application

The Queensland Higher Mass Limits Declaration 2019 (No. 1) applies to eligible heavy vehicles operating in Queensland that meet specific criteria under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. These eligible vehicles must comply with the Higher Mass Limits (HML) requirements in Schedule 5 of the National Regulation and must be performance-based standards (PBS) approved vehicles, with the exception of buses which are not authorised to operate under this Declaration. The Declaration outlines the specific routes and areas within Queensland where these eligible vehicles can operate, subject to certain conditions such as the restriction on tri-drive prime movers in B-double or road train combinations. It also mandates that vehicles participating in the Intelligent Access Program (IAP) must have an approved Intelligent Transport System installed and be subject to monitoring by an IAP service provider. Furthermore, any self-declared input device used must have accurate information entered by the driver or the operator, which must be updated in certain circumstances. This Declaration, which commenced on 10 February 2019 and expires on 10 February 2024, is made under the authority of the Heavy Vehicle National Law and the National Regulation, providing a framework for the use of higher mass limits on designated roads in Queensland.

Key Provisions

The Queensland Higher Mass Limits Declaration 2019 (No.1) (the "Declaration") is a legislative instrument aimed at authorising heavy vehicles eligible for Higher Mass Limits (HML) to operate within specified areas and routes in Queensland, under certain conditions and during designated hours. This Declaration is made under section 12 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (National Regulation) (section 2). The primary focus is on authorising vehicles that comply with HML requirements (section 8), such as heavy vehicles with HML-compliant specifications and Performance Based Standards (PBS) vehicles, excluding buses (section 8(1)(a) and (b)). The Declaration imposes specific obligations on eligible vehicles and their operators. Vehicles must comply with the HML requirements as specified in Schedule 5 of the National Regulation and must be approved PBS vehicles. Additionally, vehicles must have an Intelligent Transport System (ITS) installed and approved by Transport Certification Australia (TCA) for participation in the Intelligent Access Program (IAP) (section 11(a)). Operators must ensure that any relevant information, such as vehicle mass and configuration, is accurately entered into the Self-Declared Input Device (SDID) whenever there is a change in mass or configuration, or when prompted by the SDID (section 12). There are specific restrictions and conditions outlined in the Declaration. Tri-drive prime movers in B-double or road train combinations are not authorised (section 9). Furthermore, eligible vehicles are permitted to access only the areas and routes specified in Table 2, which includes various vehicle categories and their authorised routes (section 10). The Declaration also mandates the use of IAP for monitoring compliance with access conditions, including the use of ITS for monitoring roads, driving times, speed limits, and other agreed-upon matters (section 11). Failure to comply with the provisions of this Declaration can result in various civil and criminal consequences. While specific penalties are not detailed within the Declaration itself, breaches of the Heavy Vehicle National Law (HVNL) or the National Regulation could result in fines, suspension of licenses, or other penalties as stipulated by those overarching laws. Operators and vehicle owners must ensure strict adherence to all conditions and requirements to avoid potential legal ramifications.

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