Heavy Vehicle National Law - Tasmania Class 3 Heavy Vehicles, Certain Pig Trailer Dimension Exemption Notice 2019 (No.1)

Overview

The Tasmania Class 3 Heavy Vehicles, Certain Pig Trailer Dimension Exemption Notice 2019 (No. 1) was issued to address a specific gap in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, which governs the dimensions of heavy vehicles across Australia. This Notice, which was enacted under section 117 of the Heavy Vehicle National Law, Heavy Vehicle National Law (Tasmania) Act 2013, aims to provide a temporary exemption for eligible pig trailer combinations that transport light aircraft, yachts, rowing boats, or surfboats from certain dimension requirements. The Notice was authorised by the National Heavy Vehicle Regulator and is designed to facilitate the transportation of these specialised loads while ensuring safety and compliance with other regulatory requirements. The Notice allows eligible pig trailer combinations to operate within Tasmania, provided they adhere to specific conditions, such as displaying headlights and flags during the day, and markers and warning lights at night. These conditions also include the requirement to display oversize vehicle signs if the combination exceeds certain dimensions. This legislative measure ensures that the transportation of specialised loads is both practical and compliant with safety regulations, thereby addressing operational challenges faced by those transporting large and irregular items.

Scope and Application

The Tasmania Class 3 Heavy Vehicles, Certain Pig Trailer Dimension Exemption Notice 2019 (No.1) is an instrument issued under section 117 of the Heavy Vehicle National Law, Heavy Vehicle National Law (Tasmania) Act 2013. This Notice applies specifically to the state of Tasmania and targets heavy vehicle combinations that include a pig trailer built and being used for the purpose of transporting specific items such as a light aircraft, yacht, rowing boat, or surfboat. The Notice exempts these eligible pig trailer combinations from certain prescribed dimension requirements outlined in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. However, it imposes certain conditions to ensure safety and compliance while on the road, such as maximum permissible dimension limits, the use of headlights and flags during the daytime, and the fitting of side and rear markers at night. Furthermore, if the combination exceeds certain dimensions, it must display appropriate oversize vehicle signs and warning lights. This Notice allows eligible pig trailer combinations to operate on all roads within Tasmania, provided they adhere to the specified conditions and requirements.

Key Provisions

The main operative sections of the Tasmania Class 3 Heavy Vehicles, Certain Pig Trailer Dimension Exemption Notice 2019 (No. 1) provide exemptions from certain dimension requirements in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation for eligible pig trailer combinations in Tasmania. These exemptions are outlined in section 9 of the Notice. The Notice specifies that the eligible pig trailer combinations, which include pig trailers built and being used for the purpose of transporting a light aircraft, yacht, rowing boat, or surfboat, are exempt from the dimension limits stated in section 3(1)(a) and section 5(1) of Schedule 6 of the Regulation. However, there are certain conditions that must be adhered to in order to benefit from these exemptions. The obligations and requirements imposed by this Notice include adherence to maximum permissible dimension limits, as stated in sections 10 and 11 of the Notice. An eligible pig trailer combination, inclusive of its load, must not be longer than 25 metres and the rear overhang of the pig trailer, inclusive of its load, must not be more than 5 metres. Additionally, when an eligible pig trailer combination is being used in the daytime, the towing vehicle must display headlights on low beam, and the combination must have a brightly coloured red flag affixed to the rearmost point of its load (section 12). At night, the pig trailer must have side markers and rear markers that are fitted and displayed in accordance with section 5(1)(a) and (b) of Schedule 8 of the Regulation (section 13). If the combination is longer than 22 metres, an oversize vehicle sign must be displayed at the front of the towing vehicle and the rear of the pig trailer, and a warning light must be attached to the vehicle if it is being used at night (sections 14 and 15). If the rear overhang of the pig trailer is greater than 3.7 metres, an oversize vehicle sign must also be displayed at the front of the towing vehicle and the rear of the pig trailer (section 15). The Notice also outlines the potential consequences for breaches of its provisions. While the Notice itself does not specify any offences or penalties, it is important to note that breaches of the Heavy Vehicle National Law or any regulations made under it may result in criminal or civil penalties, depending on the nature and severity of the breach. The maximum penalties for breaches of the Heavy Vehicle National Law can include fines of up to $22,200 for individuals and $111,000 for bodies corporate, as well as potential imprisonment terms. It is essential for parties governed by this Notice to comply with its conditions to avoid any potential legal repercussions.