Heavy Vehicle National Law - South Australia Class 1 Road Grader and Combination Exemption Notice 2019 (No.1)

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

Legislation au C2019G00117 In force Gazette

Legislation content

HEAVY VEHICLE NATIONAL LAW

South Australia Class 1 Road Grader and Combination Exemption Notice 2019 (No.1)

 

  1. Purpose

This Notice is intended is to exempt heavy vehicles and combinations used for the construction and maintenance of roads from certain mass and dimension requirements.

Note: The Heavy Vehicle National Law (HVNL) does not apply on worksites or other roads or road related areas that are closed or under traffic control.

This Notice replaces in full the following South Australia instruments:

  • Exemption for road maintenance and construction equipment to exceed mass and dimension limits.
  • Operation of Motor Graders towing 2 trailers up to a maximum length of 26 metres in road construction and or road maintenance
  • Operation of Motor Graders towing multiple trailers up to maximum length of 42 metres for construction and/or maintenance of roads in remote areas.

2.      Authorising Provision

This notice is made under Section 117 of the Heavy Vehicle National Law.

3.      Commencement

This notice commences on 10 February 2019.

4.      Expiry

This Notice expires on 9 February 2024.

5.      Title

This Notice may be cited as the South Australia Class 1 Road Grader and Combination Exemption Notice 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

Adelaide Metropolitan Area means the area described by the information in Schedule 1.

 

Adelaide Hills Area means the area described by the information in Schedule 1.

 

DPTI means the South Australian Department of Planning, Transport and Infrastructure.

Eligible vehicle means a vehicle that meets the requirements of section 7.

Motor grader means a machine with its own motive power, fitted with pneumatic tyres, built to perform road construction and road maintenance tasks.

 

Trailer means a non-powered vehicle fitted with pneumatic tyres, towed by a motor grader and is used to transport, or is constructed to aid in road construction and/or maintenance tasks.

 

Motor grader and multiple vehicle combination means a motor grader towing two or more vehicles (e.g. motor grader towing a road roller and/or a facilities trailer, and/or motor vehicle).

 

State road means a road for which DPTI is the Road Manager.

 

7.      Application

(1)   This notice applies to the following vehicles operating in South Australia:

a)      Motor graders; and

b)      Motor graders towing a vehicle and/or trailer; and

c)      Motor grader and multiple vehicle combination.

 

8.      Exemptions- Dimension

(1)   An eligible vehicle that meets the conditions of this Notice is exempt from the following dimension requirements in Part 2 of Schedule 6 to the MDL National Regulation:

a)      Section 3 –Length

b)      Section 4 – Length, Trailers

c)      For motor grader and multiple vehicle combinations Section 7 – Width.

 

 

9.      Dis-application – Schedule 8 Heavy Vehicle (Mass Dimension and Loading) National Regulation

(1)   The following conditions in Schedule 8 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation, the Schedule 8 condition are dis-applied for vehicles operating under this Notice.

a)      Section 18 - Prohibition on towing other vehicles

10.  Conditions - Dimension

(1)   Maximum width of the motor grader towing up to two vehicles must not exceed 2.5m.

(2)   Maximum width of the motor grader and multiple vehicle combination must not exceed 2.65m.

(3)   Maximum length for a motor grader and multiple vehicle combination is 42m.

 

11.  Conditions - Purpose of Travel

 

(1)   An eligible vehicle operating under this Notice may only operate for the purpose of:

 

a)      Undertaking activities directly involved with road construction and/or maintenance; or

b)      Transport from a place of road construction or road maintenance operation to another place of road construction or road maintenance.

12.  Areas and Routes (Motor graders)

 

(1)   A motor grader that is not towing a vehicle has general access to the road network under the HVNL.

 

13.  Areas and Routes (Motor graders towing up to two vehicles up to 26m long)

 

(1)   This section only applies to combinations up to 26m in length.

(2)   A motor grader towing up to two vehicles may only travel on regional council roads.

(3)   A motor grader towing up to two vehicles may not travel within the Adelaide Metropolitan Area, or the Adelaide Hills Area as indicated in the maps in Schedule 1.

 

14.  Areas and Routes (Motor grader and multiple vehicle combination up to 42m long)

 

(1)   This section applies to motor grader and multiple vehicle combinations up to 42m long, and/ or up to 2.65m wide.

(2)   A motor grader and multiple vehicle combination may only travel on State roads North of Port Augusta, North of the Barrier Highway and North of the Eyre Highway.

(3)   Travel is not permitted across or along the Barrier or Eyre Highways.

 

15.  Conditions - Maximum speed

 

(1)   The motor grader and multiple vehicle combination shall not be operated at a speed exceeding 40 km/h.

 

16.  Condition - Crossing State roads

 

(1)   The motor grader and two vehicle combination may cross State roads only if the combination does not exceed 19 m in length.

17.  Condition - Loading restriction

 

(1)   When in transit, any road construction equipment (e.g. towed roller) in the combination must not travel with any additional weight added (i.e. no ballast).

 

18.  Condition - Times of Travel

 

(1)   Operation between sunset and sunrise or during periods of low visibility is not permitted under this Notice, unless the vehicle is fitted with lights, reflectors etc. in accordance with the requirements of the Heavy Vehicle (Vehicle Standards) Regulation.

19.  Condition - Vehicle conditions

 

(1)   Eligible vehicles operating under this Notice must comply with the following requirements:

a)      The grader is not designed primarily for road use, and is not constructed on a conventional truck chassis.

b)      If the vehicle is a construction road roller which does not have its own motive power and it has a laden mass not exceeding 12 tonnes it is exempt from the fitting of brakes while being drawn behind another vehicle, which is fitted with brakes, at a speed not exceeding 10 km/h.

20.  Condition – Mass of Towed Vehicles

(1)   If the vehicle is a machine which does not have its own motive power and it has a laden mass not exceeding 6 tonnes it is exempt from the fitting of brakes while being drawn behind another vehicle, which is fitted with brakes, at a speed not exceeding 25 km/h.

(2)   Combinations operating under this sections are exempt from towed mass ratio limits in s2(4) and s2(4)A in Schedule 1 of the MDL Regulation.

 

 

 

 

21.  Exemptions – Vehicle Standards

 

1)      Motor graders operating under this notice are exempt from the following vehicle standards requirements in Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation (VS Regulation):

 

a)      Part 2 - General Safety Requirements

  1. Section 4 Steering

b)      Part 6 - Lights and Reflectors

  1. Division 9 – Side Marker Lights

 

2)      Vehicles towed in combination with a motor grader, operating under this notice are exempt from the following vehicle standards requirements in Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation (VS Regulation):

 

a)      Part 6 - Lights and Reflectors

  1. Division 8 – Clearance Lights
  2. Division 9 – Side Marker Lights
  3. Division 17 – Other lights, reflectors, rear marking plates or signals

Note: Vehicles are exempt from the above provisions only when used in a motor grader, multi vehicle combination, operating under terms and conditions of this notice.

 

A towed vehicle that is equipped lights would still be required to have them in an operational state if the vehicle is the last element in a combination.

3)      Motor graders and multi-vehicle combinations operating under this notice are exempt from the following additional vehicle standards requirements in Schedule 3 of the Heavy Vehicle (Vehicle Standards) National Regulation (VS Regulation):

 

a)      Part 3 - Lights and Reflectors

  1. Section 5 – Warning Signs for combinations over 22 m long.

 

Peter Caprioli

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator

 

Schedule 1: Stated Areas
  1. The ‘Adelaide Metropolitan Area’ map is published on the ‘Approved Areas or Routes’ section on the DPTI website.

 

2.      The ‘Adelaide Hills Area’ map is published on the ‘Approved Areas or Routes’ section on the DPTI website.

 

Overview

The South Australia Class 1 Road Grader and Combination Exemption Notice 2019 (No.1), made under Section 117 of the Heavy Vehicle National Law, addresses the need to exempt heavy vehicles and combinations used for the construction and maintenance of roads from certain mass and dimension requirements, thereby facilitating road construction and maintenance activities. This Notice, which comes into effect on 10 February 2019 and expires on 9 February 2024, replaces previous exemptions and provides specific conditions and limitations for the operation of motor graders, vehicles towing a vehicle or trailer, and motor grader and multiple vehicle combinations. The Notice aims to ensure that such vehicles can operate efficiently while maintaining safety standards, with exemptions applying to dimensions, mass, and vehicle standards requirements, provided they are used for authorised activities and within specified areas and conditions. This regulatory framework is designed to balance the operational needs of road construction and maintenance with public safety and road integrity.

Scope and Application

The South Australia Class 1 Road Grader and Combination Exemption Notice 2019 (No. 1) applies to motor graders and combinations used for road construction and maintenance within South Australia. This Notice provides exemptions from certain mass and dimension requirements specified in the Heavy Vehicle National Law (HVNL) for eligible vehicles, defined as motor graders and motor grader and multiple vehicle combinations. The Notice exempts these vehicles from specific dimension requirements such as length, trailer length, and width, and dis-applies prohibitions on towing other vehicles. The exemptions and conditions apply only when the vehicles are used for road construction or maintenance purposes and are subject to strict dimensional, speed, and operational restrictions. For instance, motor graders towing up to two vehicles must not exceed 2.5m in width, while motor grader and multiple vehicle combinations must not exceed 2.65m in width and 42m in length. The Notice also specifies permissible routes and prohibits operation in certain areas, such as the Adelaide Metropolitan Area and the Adelaide Hills Area, as well as crossing certain highways. Additionally, the Notice imposes speed limits, restricts operation during night-time or low visibility conditions unless specific safety equipment is fitted, and exempts certain vehicle standards requirements for the specified vehicles under particular conditions. This Notice is made under Section 117 of the Heavy Vehicle National Law and replaces previous South Australian instruments related to road maintenance and construction equipment exemptions.

Key Provisions

The key provisions of the South Australia Class 1 Road Grader and Combination Exemption Notice 2019 (No. 1) primarily focus on exempting specific heavy vehicles and combinations from certain mass and dimension requirements for road construction and maintenance purposes. The Notice applies to motor graders, motor graders towing vehicles or trailers, and motor grader and multiple vehicle combinations (sections 7 and 8). It exempts eligible vehicles from specified dimension requirements, such as length and width, and dis-applies certain conditions in Schedule 8 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (section 9). This legislation imposes several obligations on parties or entities it governs. Eligible vehicles must adhere to certain dimensional limits: the maximum width of a motor grader towing up to two vehicles must not exceed 2.5 metres, while the maximum width of a motor grader and multiple vehicle combination must not exceed 2.65 metres (section 10). The maximum length for a motor grader and multiple vehicle combination is set at 42 metres. Additionally, these vehicles may only operate for road construction and maintenance purposes or for transport between such operations (section 11). Vehicles must also comply with specific speed limits, crossing restrictions, and loading conditions, and cannot operate between sunset and sunrise or during low visibility unless properly fitted with lights and reflectors (sections 15 to 18). Violations of the conditions set forth in this Notice can result in civil and criminal consequences. The Notice does not explicitly state penalties for breaches; however, under the Heavy Vehicle National Law, penalties for non-compliance can include fines and potential imprisonment. The specific penalties depend on the nature and severity of the breach. For example, operating a vehicle in a manner that contravenes the Notice could lead to fines up to $5,500 for an individual and $27,500 for a body corporate, along with potential disqualification from driving. Serious breaches may also attract criminal charges, resulting in heavier penalties.

Legal classification tags

Area of Law
Commercial Law
Instrument
Notice
Concepts
Definitions & Interpretation
Regulatory Standards
Exemptions & Exclusions
Compliance Obligations

Interactions

Authorises

All Versions

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.