Overview

The South Australia Class 3 Road Friendly Suspension Mass Exemption Notice 2019 (No.1) was enacted to exempt certain heavy vehicles and combinations fitted with certified Road Friendly Suspension from mass requirements set out in the Heavy Vehicle (Mass Dimension and Loading) National Regulation (MDL Regulation). This Notice was introduced to provide flexibility in mass limits for eligible vehicles, enabling them to operate at masses equivalent to Higher Mass Limits under the Heavy Vehicle National Law (HVNL), while still ensuring safety and compliance with certain conditions. This legislative instrument was issued under Section 117 of the Heavy Vehicle National Law (HVNL) by the National Heavy Vehicle Regulator, with a policy objective to enhance the efficiency and productivity of freight transport in South Australia by allowing vehicles with specific suspension systems to operate under higher mass limits. This Notice replaces the previous South Australia Notice of Approval and exemption for Higher Mass Limits for Vehicles Fitted with Road Friendly Suspension, published in the South Australia Government Gazette on 17 June 2011, and it provides access for B-doubles, Road Trains, and B-Triples that previously had access under South Australian access notices that provided Higher Mass Limit (HML) Access. It is important to note that although the previous Notice referred to Higher Mass Limits and made provision for it, this Notice does not apply Intelligent Access Program conditions and so is not a Higher Mass Limit Declaration under the HVNL. However, the mass limits and access provided under this Notice are equivalent to those provided under the former South Australia HML Declaration, and retains all other conditions.

Scope and Application

The South Australia Class 3 Road Friendly Suspension Mass Exemption Notice 2019 applies to eligible Class 3 heavy vehicles operating within South Australia, including rigid trucks with tandem drive axle groups, articulated vehicles with specified configurations, buses with certain axle groups, B-doubles, modular B-triples, and Type 1 and Type 2 Road Trains. This Notice provides exemptions from certain mass requirements outlined in the Heavy Vehicle (Mass Dimension and Loading) National Regulation, allowing these vehicles to operate at mass limits equivalent to the Higher Mass Limits under the Heavy Vehicle National Law. The Notice specifies that while it provides exemptions, it does not apply Intelligent Access Program conditions and therefore does not constitute a Higher Mass Limit Declaration under the Heavy Vehicle National Law. However, the mass limits and access provided under this Notice are equivalent to those under the former South Australia Higher Mass Limit Declaration. Vehicles must comply with specific conditions, including adherence to mass limits on axles or axle groups, use of certified Road Friendly Suspension systems, and, in some cases, Mass Management Accreditation. The Notice also outlines specific routes and networks where eligible vehicles can access these higher mass limits. This Notice, made under Section 117 of the Heavy Vehicle National Law, commenced on 10 February 2019 and will expire on 9 February 2024. It provides detailed tables outlining the permitted mass limits for various axle configurations, ensuring that vehicles operate within the specified limits. Notably, the Notice explicitly excludes non-modular B-triples from its application. It also includes provisions for Stated Routes, Areas and Networks, detailing specific routes where the higher mass limits apply, accessible through the South Australia RAVnet. The Notice requires eligible vehicles to be fitted with certified Road Friendly Suspension systems and mandates the display of a valid Road Friendly Suspension certification plate. Furthermore, operators of vehicles with tri-axle or quad-axle groups exceeding 20.0 tonnes must hold Mass Management Accreditation.

Key Provisions

The key provisions of the South Australia Class 3 Road Friendly Suspension Mass Exemption Notice 2019 (No.1) pertain primarily to sections 7 to 12. Section 7 (Application) specifies that this Notice applies to eligible vehicles operating in South Australia, which includes rigid trucks, articulated vehicles, buses, B-doubles, modular B-Triples, and Type 1 and Type 2 Road Trains. Section 8 (Exemption - Prescribed mass requirements) exempts these eligible vehicles from certain mass requirements set out in the Heavy Vehicle (Mass Dimension and Loading) National Regulation (MDL Regulation). Section 9 (Conditions - Axle Mass Limits and Spacing) establishes conditional mass limits for eligible vehicles, with Table 1 detailing the mass limits for different axle groups, and Table 2 specifying conditions for articulated vehicles. Section 10 (Condition - Stated Routes, Areas and Networks) outlines the Higher Mass Limits (HML) routes eligible vehicles can access, as specified on the South Australia RAVnet. Section 11 (Condition - Road Friendly Suspension (RFS)) requires eligible vehicles to comply with certified Road Friendly Suspension requirements and mandates the display of a valid certification plate. Section 12 (Conditions - Mass Management Accreditation) stipulates that operators of vehicles with tri-axle or quad-axle groups exceeding 20.0t must hold Mass Management Accreditation. The obligations imposed by this Notice include ensuring that eligible vehicles comply with the specified conditional mass limits, adhere to the Higher Mass Limits routes, and maintain valid Road Friendly Suspension certification. Operators of vehicles with tri-axle or quad-axle groups exceeding 20.0t must also hold Mass Management Accreditation. The Notice mandates that vehicles must be fitted with certified Road Friendly Suspension systems and that a valid certification plate must be affixed to the vehicle. Breaches of this Notice may result in civil and criminal consequences. The precise nature of the penalties is not specified within the Notice, but violations of the Heavy Vehicle National Law (HVNL) and related regulations can lead to substantial fines and potential imprisonment. The exact penalties would depend on the specific breach and the jurisdiction in which it occurs. Under the HVNL, penalties for non-compliance can include fines of up to $100,000 for corporations and $20,000 for individuals, along with potential imprisonment terms that vary based on the severity of the offence.