Heavy Vehicle National Law - South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2020 (No.1)

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

Legislation au C2020G00116 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2020 (No.1)

  1. Purpose

 

1)      This Notice provides exemptions for heavy vehicles operating at general mass limits or under mass management accreditation, at concessional or applied higher mass limits under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation), or under specified Notices, while transporting grain directly from a farm to a grain receiver.

 

Note: This Notice replaces the South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2015. It operates in the same way but updates several references to expired South Australian references while maintaining the basic exemptions and networks.

 

2.       Authorizing Provision

 

This Notice is made under section 117 of the Heavy Vehicle National Law (the National Law) as in force in each participating jurisdiction.

 

3.       Commencement

 

This Notice commences on the date of its publication.

 

4.       Expiry

 

This Notice expires five years after commencement.

 

5.       Definitions

 

1)      Unless otherwise stated in this clause, words and expressions used in this Notice have the same meanings as those defined in the Heavy Vehicle National Law and National Regulations.

 

2)      In this Notice—

 

stated route or network means the network specified in the relevant primary Notice unless the vehicle meets the definition of a general access vehicle under this Notice.

 

farm gate means the point at which the vehicle or combination leaves the farmer’s property where the grain was harvested and enters the approved route network.

 

general access means access to all roads, subject to the operation of the Heavy Vehicle National Law and road rules of the relevant participating jurisdiction.

 

grain receiver means the place that the grain is delivered to directly from the farm.

 

normal mass limit means a mass limit that would, but for the operation of s10 of this Notice, apply to the vehicle or combination when operating under:

 

a)      General Mass Limits; or

b)      Concessional Mass limits;

c)       Higher Mass Limits under the HML Application Notice; or

d)      The mass limits specified in a Primary Notice.

 

HML Application Notice means the South Australia Class 3 (Application of Higher Mass Limits) Mass Exemption Notice 2019.

 

Note: The HML Application Notice applies conditions mass limits from Schedule 5 of the Regulation Higher Mass Limits in South Australia. The conditions in that Notice differ from those in Schedule 5.

 

Primary Notice means the notice that applies to the operation of the vehicle if it is not a general access vehicle operating at General Mass Limits.

 

Note: In this instance, a primary notice would include, for example, a complaint B-double or Road Train operating at General Mass Limits under a Class 2 authority, or an eligible vehicle operating as a Class 3 vehicle under South Australia Class 3 (Application of Higher Mass Limits) Mass Exemption Notice 2020 (HML Application Notice).

6.       Title

 

This Notice may be cited as the South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2020.

 

7.       Application

 

1)      This Notice applies in South Australia.

 

2)      This Notice applies to a heavy vehicle operating as a general access vehicle or under a Primary Notice under the following provisions of the Regulation:

 

a)      General Mass Limits (GML) set out in Schedule 1; or

b)      Concessional Mass Limits (CML)set out in Schedule 2; or

c)       To a vehicle operating under the South Australia Class 3 (Application of Higher Mass Limits) Mass Exemption Notice 2019 (HML Application Notice).

 

3)      This Notice does not apply to:

  1. Performance Based Standards vehicles; or
  2. Pig trailers.

 

8.       Exemption

 

1)      A heavy vehicle operating under General Mass Limits, and complying with the conditions of this Notice, is exempt from Schedule 1 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation to the extent that a conditional mass limit is provided under this Notice.

 

2)      A heavy vehicle operating under Concessional Mass Limits, and complying with the conditions of this Notice, is exempt from the following mass requirements in Schedule 2 Heavy Vehicle (Mass Dimension and Loading) National Regulation to the extent that a conditional mass limit is provided under this Notice:

 

a)      Subsections (3)(a) and (3)(b); and

b)      Subsection (4) in conjunction with the table in subsection (8) as it applies to—

  1. tandem axle groups fitted with dual tyres on all axles, and
  2. triaxle groups fitted with dual tyres on all axles.

 

3)      A vehicle that is referred to in section 7(2)(c) and is operating under this Notice is exempt from the following provisions of the HML application Notice:

 

a)      Section 9 Conditions - Axle Mass Limits and Spacing

 

9.       Areas and Routes

 

1)      For a heavy vehicle operating as a general access vehicle at General Mass Limits or Concessional Mass Limits, this Notice applies to all roads in South Australia.

 

2)      For a heavy vehicle that is not a general access vehicle and operates under a primary Notice, the stated routes, areas and networks specified in that Notice.

 

3)      For a heavy vehicle operating under the HML Application Notice, this Notice applies the stated routes, areas and networks under s10 of that Notice.

 

Note:  Commodity Routes as published on the South Australian Department of Planning, Transport and Infrastructure RAVnet mapping system are not approved for Higher Mass Limits operation.


10.   Conditions – Farm gate mass concession

 

1)      A heavy vehicle operating under this Notice must be transporting grain directly from the farm gate to a grain receiver.

 

2)      Except for the specific exemptions provided in this Notice, a heavy vehicle operating under this Notice must comply with all conditions of access that normally apply to it, including:

 

a)      For a vehicle operating under General Mass Limits; all other conditions imposed by Schedule 1 of the Regulation; and

b)      For a vehicle operating under Concessional Mass Limits; all other conditions imposed by Schedule 2 of the Regulation; and

c)       For vehicles operating under the HML application Notice, all of the conditions of that Notice, including conditions applied by the network.

Note: Both Schedule 2 Concessional Mass Limits and the conditions of the HML Application Notice require Mass management Accreditation.

3)      The loaded mass of a heavy vehicle operating under this Notice must be less than 105% of the normal mass limit that would apply to the vehicle.

Note:  This section accommodates excess mass that may result from field loading conditions, providing an allowance over the mass the vehicle would normally operate at, so long as the vehicle meets the other conditions of the Notice.

4)      The mass allowed under subsection (3) is only applicable to the first and second load carried by a heavy vehicle from a given paddock on a given day.

 

5)      If the first load carried on a heavy vehicle from a given paddock on a given day under this Notice is more than 100% of normal mass limit, the mass of the second load carried by the same heavy vehicle from the same paddock on the same day must be less than the first load.

 

Jose Arredondo

Acting Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator

Overview

The South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2020 (No.1) was enacted to provide exemptions for heavy vehicles transporting grain directly from a farm to a grain receiver, under certain mass limits or mass management accreditation. This Notice was introduced to address the gap in the existing heavy vehicle regulations concerning the transportation of grain, ensuring it operates efficiently while maintaining safety standards. The Notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction, and it commenced on the date of its publication, with an expiry date set five years later. Its primary objective is to facilitate smoother and more flexible operations for grain transport within South Australia, replacing the outdated South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2015 while preserving the fundamental exemptions and network provisions.

Scope and Application

The South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2020 (No.1) applies specifically to heavy vehicles operating in South Australia, which are transporting grain directly from a farm to a grain receiver. This Notice provides exemptions from certain mass limits under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, as long as the vehicles comply with the conditions outlined. The exemptions apply to heavy vehicles operating under General Mass Limits, Concessional Mass Limits, or the South Australia Class 3 (Application of Higher Mass Limits) Mass Exemption Notice 2019, provided they are not Performance Based Standards vehicles or pig trailers. The Notice allows for a conditional mass limit of up to 105% of the normal mass limit for the first and second loads carried from a given paddock on a given day, accommodating excess mass from field loading conditions. However, if the first load exceeds 100% of the normal mass limit, the second load must be less than the first. This Notice operates within the same framework as its predecessor, the South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2015, but updates references to reflect current regulations. The Notice is made under section 117 of the Heavy Vehicle National Law and operates in conjunction with subordinate instruments that define terms such as "general access vehicle," "farm gate," "grain receiver," and "normal mass limit." It applies to all roads in South Australia for vehicles operating under General Mass Limits or Concessional Mass Limits and to specified routes for vehicles operating under the South Australia Class 3 (Application of Higher Mass Limits) Mass Exemption Notice 2019. The Notice replaces its predecessor and will remain in effect for five years from its commencement, subject to the conditions and exemptions it provides.

Key Provisions

The South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2020 (No. 1) (the Notice) provides exemptions for heavy vehicles transporting grain directly from a farm to a grain receiver (section 5). This Notice applies to heavy vehicles operating at general mass limits, concessional mass limits, or under higher mass limits specified in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation) (section 7). It does not apply to Performance Based Standards vehicles or pig trailers (section 7(2)). The Notice allows exemptions from certain mass requirements in the Regulation for vehicles transporting grain directly from a farm gate to a grain receiver (section 8). These exemptions are conditional on the vehicle meeting the other specified conditions, such as transporting grain directly from the farm to the grain receiver and not exceeding certain mass limits (section 10). The Notice imposes specific obligations on heavy vehicles operating under the exemptions. Firstly, these vehicles must be transporting grain directly from a farm gate to a grain receiver (section 10(1)). They must comply with all other conditions applicable to their operation, including those set out in the Regulation and any primary Notice (section 10(2)). Additionally, the loaded mass of the vehicle must not exceed 105% of the normal mass limit applicable to the vehicle (section 10(3)). This allowance is to accommodate for excess mass due to field loading conditions. The mass allowance applies only to the first and second loads carried by the vehicle from a given paddock on a given day. If the first load exceeds 100% of the normal mass limit, the mass of the second load must be less than the first (section 10(4) and (5)). Failure to comply with the conditions of the Notice can result in legal consequences. While the Notice does not explicitly outline specific penalties for non-compliance, breaches of the Heavy Vehicle National Law or the National Regulations may incur penalties under those provisions. The penalties can include fines, demerit points for drivers, and other civil or criminal sanctions. For instance, under the Heavy Vehicle National Law, penalties for non-compliance can include fines up to $16,500 for individuals and $82,500 for bodies corporate, in addition to other possible sanctions such as disqualification from driving or vehicle impoundment. The Notice operates under section 117 of the Heavy Vehicle National Law and is made to provide exemptions for heavy vehicles transporting grain directly from a farm to a grain receiver in South Australia (section 2). It commences on the date of its publication and expires five years after commencement (sections 3 and 4). It is important to note that the Notice replaces the South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2015, maintaining the same exemptions but updating several references to expired South Australian references (section 1).

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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.