HEAVY VEHICLE NATIONAL LAW
Tasmania Class 3 Heavy Vehicle Truck and Dog Trailer Combination (Increased Mass Limits) Mass Exemption Notice 2019 (No.1)
Purpose
- The purpose of this Notice is to exempt class 3 Truck and Dog heavy vehicles from stated mass limits in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation).
Authorising Provision
2. This Notice is made 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 Truck and Dog Trailer Combination (Increased Mass Limits) Mass 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 in the Heavy Vehicle National Law.
7. In this Notice—
‘road-friendly suspension’ means vehicle suspension that complies with the performance criteria specified in Vehicle Standards Bulletin 11 - "Certification of Road-friendly Suspension Systems" published by the Federal Office of Road Safety in April 1999, as amended or substituted from time to time.
‘Truck and Dog heavy vehicle’ means a combination consisting of a rigid truck towing a dog trailer.
Application
8. This Notice applies in Tasmania.
9. This Notice applies to a Truck and Dog heavy vehicle compliant with the Tasmania Class 3 Heavy Vehicle Truck and Dog Trailer Combination Mass and Dimension Exemption Notice 2019.
Exemption from prescribed mass requirements
10. This Notice exempts a Truck and Dog heavy vehicle from the mass limits specified in section 2(1)(b) and section 4 of Schedule 1 of the Regulation.
Mass requirements - condition
11. The mass on the following axle groups fitted with road-friendly suspension or a certified road-friendly suspension system must not be more than the following—
a) for a tandem axle group fitted with dual tyres on each axle—17t; or
b) for a tri-axle group fitted with dual tyres on all axles— 22.5t.
12. The mass of the Truck and Dog heavy vehicle must not be more than the lower of the following masses—
a) the mass that is the sum of the mass limits of each axle or axle group stated in Table 1 of Part 2 of Schedule 1 of the Regulation as increased by the additional mass permitted under clause 11 for the relevant axle group; or
b) 62t.
13. If because of the application of clause 11 to an axle group within a particular axle spacing, the mass permitted for the vehicle is increased under clause 12, the mass of the Truck and Dog heavy vehicle relating to the axle spacing must not be more than the mass limit stated in Table 3 of Part 2 of Schedule 1 of the Regulation, as increased by the additional mass permitted under clause 11 for the relevant axle group.
Other conditions
14. An axle or axle group fitted after 1 January 2000 must be a certified road-friendly suspension system.
15. All axles of the Truck and Dog heavy vehicle, except for the steer axle of the truck, must be equipped with road-friendly suspension or a certified road-friendly suspension system.
16. The operator of the Truck and Dog heavy vehicle must hold mass management accreditation for the vehicle.
17. The accreditation certificate must be carried in the Truck and Dog heavy vehicle and produced on demand to an authorised officer.
Approved Routes
18. A Truck and Dog heavy vehicle complying with this Notice may only use the routes stated in the Tasmanian Approved Increased Mass Limits Route Network set out in Appendix 1:
Peter Caprioli
Executive Director (Freight and Supply Chain Productivity)
National Heavy Vehicle Regulator
Appendix 1
Tasmanian Approved Increased Mass Limits Route Network
Note: The network mentioned in this appendix are published by the Tasmania Department of State Growth, and are available on its website.
Overview
The Heavy Vehicle National LawTasmania Class 3 Heavy Vehicle Truck and Dog Trailer Combination (Increased Mass Limits) Mass Exemption Notice 2019 (No.1) was introduced to address the problem of outdated mass limits for certain heavy vehicle combinations in Tasmania. Enacted under the authority of section 117 of the Heavy Vehicle National Law, the Notice aims to provide flexibility in mass limits for specific Truck and Dog heavy vehicles, while maintaining safety standards through specified conditions. The Notice applies exclusively in Tasmania and is effective from 10 February 2019, expiring on 9 February 2024. It exempts compliant Truck and Dog heavy vehicles from certain mass limits, subject to conditions including the use of road-friendly suspension systems, mass management accreditation for operators, and adherence to approved routes within Tasmania. This legislative measure seeks to balance operational efficiency with safety, aligning with broader policy objectives of the Heavy Vehicle National Law.
Scope and Application
The Heavy Vehicle (Mass, Dimension and Loading) National Regulation, as applicable in Tasmania, sets forth mass limits for heavy vehicles, but the Tasmania Class 3 Heavy Vehicle Truck and Dog Trailer Combination (Increased Mass Limits) Mass Exemption Notice 2019 provides specific exemptions to these mass limits for certain vehicles within Tasmania. This Notice applies to Class 3 Truck and Dog heavy vehicles—combinations consisting of a rigid truck towing a dog trailer—that comply with the Tasmania Class 3 Heavy Vehicle Truck and Dog Trailer Combination Mass and Dimension Exemption Notice 2019. The Notice exempts these vehicles from the mass limits specified in sections 2(1)(b) and 4 of Schedule 1 of the Regulation, provided that they meet certain conditions. These conditions include specific mass limits for axle groups fitted with road-friendly suspension, overall mass limits, and requirements for suspension systems and operator accreditation. The Notice also specifies that these vehicles can only be operated on approved routes within Tasmania, as outlined in Appendix 1 of the Notice. This exemption Notice is in force from 10 February 2019 and will expire on 9 February 2024, unless extended or altered by further legislation.
Key Provisions
The Heavy Vehicle (Tasmania Class 3 Heavy Vehicle Truck and Dog Trailer Combination (Increased Mass Limits) Mass Exemption Notice 2019) outlines specific provisions for heavy vehicle mass limits in Tasmania, exempting certain vehicles from standard mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (Regulation). This Notice, made under section 117 of the Heavy Vehicle National Law, aims to facilitate compliance while ensuring road safety by imposing certain conditions on exempted vehicles. Section 10 of the Notice provides that class 3 Truck and Dog heavy vehicles are exempt from the mass limits specified in sections 2(1)(b) and 4 of Schedule 1 of the Regulation. However, these exemptions come with specific mass requirements and conditions outlined in sections 11 to 13. For instance, tandem axle groups with dual tyres must not exceed 17 tonnes, and tri-axle groups with dual tyres must not exceed 22.5 tonnes. The total mass of the vehicle must also comply with the conditions set out in section 12, which involves calculating the permissible mass based on the sum of the mass limits of each axle or axle group, or a maximum of 62 tonnes, whichever is lower.
In addition to the mass requirements, the Notice imposes several obligations on the parties it governs. Section 14 mandates that any axles or axle groups fitted after 1 January 2000 must be certified road-friendly suspension systems. Section 15 stipulates that all axles of the vehicle, except for the steer axle of the truck, must be equipped with road-friendly suspension or a certified road-friendly suspension system. Furthermore, section 16 requires the operator of the Truck and Dog heavy vehicle to hold mass management accreditation, and the accreditation certificate must be carried on the vehicle and produced upon request by an authorised officer. These requirements ensure that the vehicles meet certain safety and performance criteria, thereby mitigating potential risks associated with increased mass limits.
Failure to comply with the provisions of the Notice can lead to various consequences. While the Notice itself does not explicitly outline specific offences, penalties, or consequences for breach, the Heavy Vehicle National Law provides a framework under which such breaches may be addressed. In particular, sections 210 and 211 of the Heavy Vehicle National Law provide for civil penalties for breaches, including fines of up to $66,000 for individuals and $330,000 for bodies corporate. Additionally, criminal penalties may apply under section 212, which includes fines of up to $66,000 for individuals and $330,000 for bodies corporate, as well as potential imprisonment for up to five years. Therefore, non-compliance with the Notice could result in significant legal and financial repercussions.