HEAVY VEHICLE NATIONAL LAW
Tasmania Class 3 Heavy Vehicle Fertiliser Spreader Vehicle Dimension Exemption Notice 2019 (No.1)
Purpose
- The purpose of this Notice is to exempt fertiliser spreader vehicles from stated prescribed dimension requirements in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation).
Authorising Provision
2. This Notice is issued under Section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction. .
Title
3. This Notice may be cited as the Tasmania Class 3 Heavy Vehicle Fertiliser Spreader Vehicle Dimension Exemption Notice 2019.
Commencement
4. This Notice commences on 10 February 2019.
Expiry
5. This Notice expires on 9 February 2024.
Definitions
6. Unless otherwise stated, words and expressions used in this Notice have the same meanings as those defined in the Heavy Vehicle National Law.
7. In this Notice –
’wide tyre’ means a wheel and tyre, with a tyre section width of not less than 375mm, fitted to each end of an axle;
’fertiliser spreader vehicle’ means a rigid truck or trailer that has been designed, or modified after it was manufactured, for the purpose of carrying and distributing fertiliser for agricultural purposes.
Application
8. This Notice applies in Tasmania.
9. This Notice applies to a fertiliser spreader vehicle.
Exemption from prescribed dimension requirements
10. This Notice exempts a fertiliser spreader vehicle from the dimension limits specified in section 7 of Schedule 6 of the Regulation.
Condition – Maximum permissible dimension
11. A fertiliser spreader vehicle, inclusive of its load, must not be wider than –
(a) 2.5m, excluding its wide tyres and mudguards; or
(b) 2.9m, including its wide tyres and mudguards.
When measuring the width of a vehicle, section 7(2) of Schedule 6 of the Regulation applies for the purposes of paragraph (a) but does not apply for the purposes of paragraph (b).
Other conditions
12. A fertiliser spreader vehicle must be fitted with wide tyres on at least one axle.
13. A fertiliser spreader vehicle must not be used if visibility is less than 250m in the daytime or if the headlights of a vehicle approaching within 250m cannot be seen at night.
14. A fertiliser spreader vehicle must display –
(a) an oversize warning sign at the front and rear of the vehicle that complies with Subdivision 3 of Division 2 of Part 3 of Schedule 8 of the Regulation ; and
(b) flags that comply with and that are fixed in accordance with the requirements of section 2(1)(c) Schedule 8 of the Regulation; and
(c) its headlights on low beam when used in the daylight.
15. A fertiliser spreader vehicle being used at night must have a warning light attached to the vehicle in accordance with section 5(1)(c) of Schedule 8 of the Regulation and that complies with the requirements of Division 1 of Part 3 of Schedule 8 of the Regulation.
Areas or routes
16. Subject to clause 17 of this Notice, a fertilizer spreader complying with the conditions of this Notice may use all roads in Tasmania.
17. A fertiliser spreader vehicle that is wider than 2.5m may not use the Bridgewater Bridge.
Peter Caprioli
Executive Director (Freight and Supply Chain Productivity)
National Heavy Vehicle Regulator
Overview
The Tasmania Class 3 Heavy Vehicle Fertiliser Spreader Vehicle Dimension Exemption Notice 2019 was enacted to address the specific needs of fertiliser spreader vehicles in Tasmania by exempting them from certain dimension requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This Notice was issued under Section 117 of the Heavy Vehicle National Law, reflecting the intent to align the regulations with practical agricultural requirements while maintaining safety standards. The primary objective is to enable fertiliser spreader vehicles to operate efficiently within Tasmania, subject to certain conditions designed to ensure road safety and visibility. This Notice came into effect on 10 February 2019 and will remain in force until 9 February 2024, providing a clear timeframe for its application and review.
Scope and Application
The Tasmania Class 3 Heavy Vehicle Fertiliser Spreader Vehicle Dimension Exemption Notice 2019 (No.1) applies specifically to fertiliser spreader vehicles within the state of Tasmania. These vehicles are defined as rigid trucks or trailers designed or modified for carrying and distributing fertiliser for agricultural purposes. This Notice exempts such vehicles from certain dimension requirements prescribed in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, while imposing specific conditions on their permissible dimensions and usage. The Notice mandates that these vehicles must not exceed a width of 2.5 metres, excluding wide tyres and mudguards, or 2.9 metres, including these components. Additionally, fertiliser spreader vehicles must be fitted with wide tyres on at least one axle and must comply with visibility and lighting requirements to ensure safety. The Notice also stipulates that these vehicles must display appropriate warning signs and flags and cannot use the Bridgewater Bridge if they exceed the specified width. This exemption is effective from 10 February 2019 and will remain in force until 9 February 2024.
Key Provisions
The Tasmania Class 3 Heavy Vehicle Fertiliser Spreader Vehicle Dimension Exemption Notice 2019 (No.1) provides a specific exemption from certain dimension requirements for fertiliser spreader vehicles in Tasmania. Section 10 of the Notice exempts these vehicles from the dimension limits specified in section 7 of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. However, this exemption comes with specific conditions, outlined in section 11, that the vehicles must not exceed a width of 2.5 metres, excluding wide tyres and mudguards, or 2.9 metres, including these elements. This Notice, issued under Section 117 of the Heavy Vehicle National Law, applies exclusively in Tasmania and to fertiliser spreader vehicles, as defined in section 7.
The Notice imposes several obligations on the parties it governs. Section 12 mandates that fertiliser spreader vehicles must be fitted with wide tyres on at least one axle. Furthermore, the vehicles must not be used if visibility is less than 250 metres during the day or if the headlights of an approaching vehicle cannot be seen at night, as per section 13. Additionally, vehicles must display an oversize warning sign at the front and rear, comply with flagging requirements, and keep their headlights on low beam during the day, as stipulated in section 14. When used at night, the vehicles must also have a warning light attached, compliant with the relevant regulation, as detailed in section 15. These requirements ensure the safe operation and visibility of these vehicles on Tasmanian roads.
Breach of the conditions outlined in the Notice can lead to various consequences. Although the Notice does not explicitly state specific offences, penalties, or maximum penalties, it is issued under the Heavy Vehicle National Law, which encompasses provisions for offences and penalties related to vehicle usage and compliance. For instance, under the Heavy Vehicle National (Heavy Vehicle Operations) Regulation 2014, there are potential penalties for non-compliance with vehicle dimension and loading regulations, which could include fines or other civil or criminal consequences. Therefore, any breach of the conditions in this Notice may attract penalties as stipulated in the overarching Heavy Vehicle National Law.