Heavy Vehicle National Law South Australia Class 3 Heavy Articulated Motor Vehicle and B-Double Livestock Loading Mass Exemption (Notice) 2014 Amendment Notice 2018 (No.1)

Overview

The Heavy Vehicle National Law South Australia Class 3 Heavy Articulated Motor Vehicle and B-Double Livestock Loading Mass Exemption (Notice) 2014 Amendment Notice 2018 (No.1) was enacted to address the specific logistical needs of transporting livestock by road between South Australia and Western Australia. This amendment was introduced to allow for a specific length exemption for 27.5m B-Doubles carrying livestock on a designated route. This legislative adjustment aims to facilitate the movement of livestock to feedlots in Dublin, South Australia, by permitting longer B-Doubles to operate under certain conditions and along a specific route, while ensuring compliance with other regulatory requirements. The Notice was enacted by the National Heavy Vehicle Regulator under Section 23 of Schedule 1 of the Heavy Vehicle National Law, and it commenced on the date of its publication, 23 January 2018. The amendment remains in effect until the primary notice expires or ceases to operate.

Scope and Application

The Heavy Vehicle National Law South Australia Class 3 Heavy Articulated Motor Vehicle and B-Double Livestock Loading Mass Exemption (Notice) 2014 Amendment Notice 2018 (No.1) is an amendment to the 2014 Notice, which was initially part of the South Australia Consolidated National Heavy Vehicle Mass & Dimension Exemption (Notice) 2014. This Notice is made under Section 23 of Schedule 1 of the Heavy Vehicle National Law, and it came into effect on the date of its publication. It applies specifically to Class 3 heavy articulated motor vehicles and B-doubles transporting livestock on a designated route within South Australia. The Notice permits a specific length exemption for 27.5m B-Doubles under certain conditions, primarily focusing on the transportation of livestock from the South Australia/Western Australia border to Dublin, South Australia, via a specified route. This exemption allows the vehicles to operate within defined dimensional constraints and mandates that they must terminate their journey at a livestock feedlot on Carslake Road, Dublin, and unload all livestock. This Notice does not affect the obligations outlined in sections 11 to 31 of the primary Notice, and B-doubles under this amendment are restricted from using any other routes specified in sections 32 to 36 of the primary Notice.

Key Provisions

The main sections of the Heavy Vehicle National Law South Australia Class 3 Heavy Articulated Motor Vehicle and B-Double Livestock Loading Mass Exemption (Notice) 2014 Amendment Notice 2018 (No.1) provide for a specific exemption that allows for the operation of 27.5m long B-doubles carrying livestock on a designated route. Section 6(1) of the Notice inserts new conditions (section 37) that permit B-doubles of this length to transport livestock from the South Australia/Western Australia border to Dublin, South Australia, provided they adhere to strict dimensional limits and travel along a specified route. These vehicles must comply with a maximum S-dimension of 20.6m and a maximum height of 4.6m. Additionally, they are restricted to travelling on the PBS Level 3A network and must terminate their journey at a livestock feedlot in Dublin, unloading all livestock before returning to the Western Australia border via the same route. The Notice imposes several obligations on the entities it governs. B-doubles operating under these conditions must ensure that they meet the specified dimensional constraints and travel along the prescribed route. They must also terminate their journey at a designated livestock feedlot in Dublin and unload all livestock. Failure to adhere to these conditions could result in non-compliance with the Notice, which may lead to enforcement actions. Furthermore, these B-doubles must not use any other routes specified in sections 32 to 36 of the Notice and must comply with sections 11 to 31 of the primary Notice. For breaches of the provisions set out in this Notice, there are potential civil and criminal consequences. While the Notice does not explicitly state penalties, it operates under the broader framework of the Heavy Vehicle National Law, which includes provisions for fines and potential prosecution for serious breaches. The maximum penalties for contravening national heavy vehicle laws can be substantial, with fines that can reach into the tens of thousands of dollars for individuals and significantly higher for corporations, alongside potential disqualification from driving and other civil penalties. These consequences underscore the importance of adhering to the conditions outlined in the Notice to avoid legal ramifications.