Heavy Vehicle National Law - South Australia Class 3 Disabled Bus Dimension Exemption Notice 2020 (No.1)

Overview

The South Australia Class 3 Disabled Bus Dimension Exemption Notice 2020 (No.1) was introduced to address the issue of transporting disabled buses from the O-Bahn Guided Busway in metropolitan Adelaide to the nearest road-related area. Enacted under section 117 of the Heavy Vehicle National Law (HVNL), this notice aims to provide a practical solution for towing a disabled bus in specific circumstances, thereby improving safety and efficiency in the event of a bus breakdown on the O-Bahn Busway. The notice was issued by the National Heavy Vehicle Regulator and provides a temporary exemption from certain dimension requirements for buses towing another bus in defined areas and under specific conditions, as outlined in the notice. The exemption is designed to be in effect from 1 January 2020 until 31 December 2024.

Scope and Application

The South Australia Class 3 Disabled Bus Dimension Exemption Notice 2020 (No.1) applies specifically to buses that need to tow another bus in the event of a breakdown on the O-Bahn Guided Busway, providing a temporary exemption from certain dimension requirements under the Heavy Vehicle (Mass Dimension and Loading) National Regulation. This exemption is available for buses that are towing a disabled bus within the metropolitan Adelaide area, specifically in the local government areas of Adelaide City Council and Tea Tree Gully Council. The exemption is intended to facilitate the safe removal of a disabled bus from the O-Bahn Busway to the nearest road-related area within designated interchanges. The Notice allows the towing combination to exceed the standard length requirement, provided that both the towing bus and the bus being towed are unladen, the combination speed does not exceed 40kph, and a rigid tow bar is used to connect the two buses. This Notice is effective from 1 January 2020 and will expire on 31 December 2024, unless altered or extended by further legislative instruments.

Key Provisions

The main operative sections of this Notice pertain to exemptions for buses towing another bus that has broken down on the O-Bahn Busway. Section 7 clarifies that the Notice applies specifically to buses towing another bus in South Australia, within the local government areas of Adelaide City Council and Tea Tree Gully Council. Section 8 exempts eligible vehicles from certain dimension requirements under the Heavy Vehicle (Mass Dimension and Loading) National Regulation, specifically regarding the length of the vehicles involved (section 8(1)(a)). Section 9 further outlines the prescribed routes and areas where the exemption applies, including the road-related areas within the interchanges at Klemzig, Paradise, Tea Tree Plaza, and Modbury, as well as specific roads such as Hackney Road and Grenfell Street (section 9(1) and (2)). Section 10 imposes conditions that must be met for the exemption to apply, including that both buses must be unladen, the combination speed must not exceed 40 kph, and a rigid tow bar must be used to connect the vehicles (section 10(1)(a), (b), and (c)). This Notice imposes several obligations and requirements on the parties it governs. Firstly, the exemption only applies to buses towing another bus that has broken down on the O-Bahn Busway to the nearest road-related area within the specified interchanges. Secondly, the towing bus and the bus being towed must meet specific conditions, including being unladen, not exceeding 40 kph, and using a rigid tow bar for connection (section 10(1)). Furthermore, the exemption applies only within the specified local government areas and on the prescribed routes, which are clearly defined in section 9. These obligations ensure that the exemption is used appropriately and only in circumstances where it is necessary and safe to do so. Breach of the conditions outlined in this Notice may result in various consequences. While the Notice itself does not specify offences or penalties, it is important to note that any failure to comply with the Heavy Vehicle National Law, under which this Notice is made, could lead to legal action. Potential breaches could involve exceeding the specified speed limit, not adhering to the unladen condition, or using a non-rigid tow bar. These breaches could lead to enforcement actions by the National Heavy Vehicle Regulator or other authorised officers, potentially resulting in fines, legal proceedings, or other penalties as stipulated under the broader Heavy Vehicle National Law. It is crucial for operators to adhere strictly to the conditions set out in this Notice to avoid any adverse consequences.