Heavy Vehicle National Law - South Australia Adelaide Christmas Pageant Exemption Notice 2023 (No.1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2023G00766 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

South Australia Adelaide Christmas Pageant Exemption Notice 2023 (No.1)

  1. Purpose

 

1)      This notice grants exemptions from dimension requirements for a class 1 or 3 heavy vehicle that is a Christmas Pageant float participating in the Adelaide Christmas Pageant.

 

2)      This notice also makes certain exemptions from vehicle standards requirements pursuant to the Heavy Vehicle (Vehicle Standards) National Regulation.

 

3)      This notice revokes and replaces the following notices:

 

a)      South Australia Class 1 and 3 Adelaide Christmas Pageant Dimension Exemption Notice 2020 (No.2)

b)      South Australia Heavy Vehicle Standards (Christmas Pageant) Exemption Notice 2020 (No. 1)

 

2.       Authorising provision

 

1)      This notice is made under the following provisions of the Heavy Vehicle National Law (HVNL):

 

a)      section 61 – Regulator’s power to grant vehicle standards exemptions

b)      section 117 – Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement.

c)       section 23 of Schedule 1 – Regulator’s power to amend or repeal instrument.

 

3.       Title

 

This exemption notice may be cited as the South Australia Adelaide Christmas Pageant Exemption Notice 2023 (No.1).

 

4.       Commencement date

 

This notice commences on 7 July 2023.

 

5.       Expiry date

 

This notice expires on 6 July 2028.

 


6.       Definitions

 

1)      Unless otherwise stated, words and expressions used in this notice have the same meanings as those in the HVNL and its regulations.

 

2)      In this notice:

Christmas Pageant float means a vehicle or combination, either self-propelled or towed by another vehicle, that is constructed and adorned for use in the Adelaide Christmas Pageant.

Storage facility means the location where Christmas Pageant floats are held in storage when not in use for the Adelaide Christmas Pageant.

7.       Application

 

1)      This notice applies to a Class 1 or 3 heavy vehicle that is a Christmas Pageant float operating in South Australia for the purpose of the Adelaide Christmas Pageant.

 

2)      This notice applies in South Australia.

 

3)      A heavy vehicle to which this section applies and that complies with the conditions of this notice is an eligible vehicle.

 

8.       Exemption – vehicle standards

 

1)      An eligible vehicle operating under this notice is exempt from the following requirements in Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation:

 

a)      Section 11 - Horns, alarms, etc.

b)      Section 12 - Rear vision mirrors

c)       Section 39 - Headlights to be fitted to vehicles

d)      Section 45 - Parking lights

e)      Section 47 - Tail lights

f)        Section 51 - Number plate lights

g)       Section 52 - Front clearance lights

h)      Section 55 - Side marker lights

i)        Section 59 - Fitting brake lights

j)        Section 62 - Direction indicator lights

k)       Section 69 - Reflectors generally

l)        Section 70 - Rear reflectors

m)    Section 73 - Compulsory front reflectors on particular trailers

n)      Section 83 - Turn Signals

o)      Section 88 - What braking system a heavy motor vehicle must have

p)      Section 94 - Crank case gases

q)      Section 99 - Exhaust systems


9.       Exemption – Prescribed dimension requirements

 

1)      An eligible vehicle is exempt from the following dimension requirements under Schedule 6 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation:

 

a)      section 7 – Width

b)      section 13(a)(ii) and (b)(ii) – Side projection of load

 

2)      An exemption in 1) only applies to the extent that specific conditional dimension limits are provided in section 10 of this notice.

 

10.   Condition – width

 

1)      An eligible vehicle must not exceed 4.9m in width.

 

2)      The width in this section is inclusive of side projection of any load.

 

11.   Condition – Escort provisions

 

All movements by an eligible vehicle under this notice must be under the supervision and direction of a police escort.

 

12.   Condition – Time of travel

 

Operation under this notice is restricted to the hours between sunrise and sunset on the day or days necessary to take part in the Adelaide Christmas Pageant.

 

13.   Conditions – Areas and routes

 

1)      An eligible vehicle is authorised to operate on the Adelaide Christmas Pageant Route and between the Adelaide Christmas Pageant Route and its Storage Facility, including return journeys.

 

2)      For the purposes of section 119(1)(a) of the HVNL, an area or route specified in this section is a stated area or route to which this notice applies.

 

3)      An eligible vehicle operating on an area or route specified in this section must comply with the following conditions as specified for routes and areas set out in this section:

 

a)      Road conditions pursuant to section 160 of the HVNL; and

b)      Travel conditions pursuant to section 161 of the HVNL; and

c)       Vehicle conditions pursuant to section 162 of the HVNL.

Note: The Adelaide Christmas Pageant Route is available on the Christmas Pageant website. The route may be updated from time to time by the Pageant organisers or South Australia Police.

 

David Hourigan

Chief Regulatory and Policy Standards Officer

National Heavy Vehicle Regulator

 

Overview

The South Australia Adelaide Christmas Pageant Exemption Notice 2023 (No.1) was enacted to address specific regulatory needs during the Adelaide Christmas Pageant, a community event where heavy vehicle floats participate. This notice was introduced to provide exemptions from certain dimension and vehicle standards requirements for class 1 and 3 heavy vehicles designated as Christmas Pageant floats, facilitating their use in the pageant while ensuring safety and compliance within the bounds of the event. The notice was made under the authority of the Heavy Vehicle National Law, specifically sections 61, 117, and 23 of Schedule 1, which empower the Regulator to grant vehicle standards exemptions, exempt certain heavy vehicles from compliance with mass or dimension requirements, and amend or repeal instruments, respectively. The policy objective of this notice is to balance the need for unique and elaborate floats in the pageant with the imperative to maintain road safety and vehicle compliance. This exemption notice, effective from 7 July 2023 until 6 July 2028, applies to heavy vehicles participating in the Adelaide Christmas Pageant, granting them exemptions from specified vehicle standards and dimension requirements, subject to conditions that include width restrictions, escort provisions, and operational time limitations. The notice aims to streamline the pageant's logistics while upholding safety standards, thereby facilitating a smooth and enjoyable event for the community.

Scope and Application

The South Australia Adelaide Christmas Pageant Exemption Notice 2023 (No.1) provides exemptions from certain dimension and vehicle standards requirements under the Heavy Vehicle National Law for Class 1 or 3 heavy vehicles participating in the Adelaide Christmas Pageant. This notice applies to eligible vehicles operating in South Australia solely for the purpose of the Adelaide Christmas Pageant and allows these vehicles to be exempt from a number of vehicle standards and dimension requirements provided they comply with specified conditions. These conditions include adherence to width limits of 4.9m, including side projections of any load, operation under police escort supervision, and restrictions on operating hours to between sunrise and sunset. The notice also specifies that eligible vehicles can only operate on the Adelaide Christmas Pageant Route and between the Pageant Route and its storage facility. The exemptions and conditions are designed to facilitate the safe operation of these unique vehicles during the Pageant while maintaining public safety and compliance with most regulatory standards. The notice operates under specific provisions of the Heavy Vehicle National Law, including the Regulator’s power to grant vehicle standards exemptions, exempt certain classes of heavy vehicles from compliance with mass or dimension requirements, and amend or repeal instruments. It revokes and replaces previous exemption notices from 2020 and is in effect from 7 July 2023 until 6 July 2028. While the notice provides several exemptions, it does not extend to any other types of vehicles or events, ensuring that the Pageant remains the only occasion where these specific exemptions apply.

Key Provisions

The South Australia Adelaide Christmas Pageant Exemption Notice 2023 (No.1) is designed to provide specific exemptions for certain heavy vehicles participating in the Adelaide Christmas Pageant. This notice primarily grants exemptions from dimension requirements for Class 1 or 3 heavy vehicles that are Christmas Pageant floats (sections 1, 8 and 9). Furthermore, it exempts these vehicles from certain vehicle standards requirements under the Heavy Vehicle (Vehicle Standards) National Regulation (section 2). This notice replaces previous exemption notices issued in 2020 (section 3). The primary obligations imposed by this notice on the parties involved include ensuring that eligible vehicles, which are defined as Class 1 or 3 heavy vehicles participating in the Adelaide Christmas Pageant that meet the conditions of the notice (section 7), comply with the specified width limit of 4.9 metres inclusive of the side projection of any load (section 10). Additionally, these vehicles must travel under police escort supervision (section 11) and only during daylight hours (section 12). They are also restricted to specific areas and routes related to the Adelaide Christmas Pageant (section 13). The notice requires compliance with road, travel, and vehicle conditions as set out in the Heavy Vehicle National Law (section 13). Failure to comply with the provisions of this notice can result in several legal consequences. The specific offences, penalties, or civil and criminal consequences for breaches are not detailed in the text provided; however, under the Heavy Vehicle National Law, breaches of vehicle standards and dimension requirements can result in significant penalties. The maximum penalties for such breaches can include fines, imprisonment, or both, depending on the severity and nature of the breach. It is important to adhere to the conditions set out in the notice to avoid any potential legal ramifications.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.