Heavy Vehicle National Law - South Australia Class 3 Heavy Vehicle 23m Truck and Dog Trailer Mass and Dimension Exemption Notice 2017 Amendment Notice 2018 (No.1)

Overview

The Heavy Vehicle National Law South Australia Class 3 Heavy Vehicle 23m Truck and Dog Trailer Mass and Dimension Exemption Notice 2017 Amendment Notice 2018 (No.1) was enacted to amend the 2017 Notice and provide an exemption to allow 23m long truck and dog trailer combinations to use certain commodity routes in South Australia under specific conditions. This Notice was introduced to address the gap in the law that prevented these vehicles from accessing certain routes that were otherwise limited to B-doubles or road trains. The Notice was made under Section 23 of Schedule 1 of the Heavy Vehicle National Law and was made by the National Heavy Vehicle Regulator, Peter Caprioli, Executive Director (Access Operations). The policy objective of the Notice is to facilitate the efficient transportation of commodities by allowing access to certain routes for 23m truck and dog trailer combinations when carrying specific commodities. The Notice provides an exemption to the primary Notice and allows 23m truck and dog trailer combinations to use the routes set out in the ‘23m Truck and Dog Network’ published by the South Australia Department of Planning Transport and Infrastructure (DPTI) and the South Australia B-Double Commodity routes Network published by DPTI when carrying a commodity listed on the DPTI RAVNet B-double commodity routes in a Local Government Road Manager area listed in the South Australia 23m Truck and Dog Trailer Commodity Network List. This Notice commences on the day of its publication and expires when the primary notice expires or otherwise ceases to operate.

Scope and Application

The South Australia Class 3 Heavy Vehicle 23m Truck and Dog Trailer Mass and Dimension Exemption Notice 2017 Amendment Notice 2018 (No. 1) pertains to the operation of 23-metre truck and dog trailer combinations in South Australia, specifically addressing their use on certain commodity routes. This Notice applies to those who operate these heavy vehicles within the defined conditions and routes. The primary focus is on enabling such vehicles to use specified routes when carrying particular commodities, as outlined by the South Australia Department of Planning, Transport and Infrastructure (DPTI). The amendment allows these vehicles to access routes designated for B-doubles or road trains, provided the conditions are met. This Notice operates under the authority granted by Section 23 of Schedule 1 of the Heavy Vehicle National Law and comes into effect on the day of its publication, with its expiry tied to the cessation of the primary notice. Exemptions and conditions are detailed in the Notice, with specific reference to the DPTI’s published routes and commodity networks.

Key Provisions

The main operative sections of this Notice (paragraph 6) amend the South Australia Class 3 Heavy Vehicle 23m Truck and Dog Trailer Mass and Dimension Exemption Notice 2017. Specifically, it allows 23m long truck and dog combinations to use certain commodity routes in South Australia, provided they meet the specified conditions (subsection 6(1)). These routes include those set out in the '23m Truck and Dog Network' and the 'South Australia B-Double Commodity Routes Network' published by the Department of Planning, Transport and Infrastructure (DPTI). Notably, 23m truck and dog trailer combinations can access the B-double commodity routes when carrying specified commodities within local government road manager areas listed in the South Australia 23m Truck and Dog Trailer Commodity Network List. The Notice imposes several obligations on the parties it governs. Firstly, it requires that 23m long truck and dog combinations must adhere to the specified routes as outlined in the DPTI's published networks (subsection 6(1)). Additionally, these vehicles must be carrying the specified commodities to use the B-double commodity routes (subsection 6(1)(b)). Operators must also ensure that the routes they intend to use are listed in the South Australia 23m Truck and Dog Trailer Commodity Network List and that the local government road manager has approved the use of these routes. The Notice does not explicitly state any offences, penalties, or civil/criminal consequences for breaches. However, any breach of the Heavy Vehicle National Law (HVNL) could result in penalties under the HVNL or other relevant state legislation. These penalties may include fines, the disqualification of drivers, and the impounding of vehicles. The specific penalties would depend on the nature and severity of the breach, as outlined in the HVNL or applicable state regulations. It is also important to note that any breach of the conditions specified in this Notice could lead to enforcement actions by the relevant authorities, potentially resulting in administrative penalties or further legal consequences.