HEAVY VEHICLE NATIONAL LAW
Tasmania Class 3 Heavy Vehicles Transporting High-Cube Freight Containers Dimension Exemption Notice 2019 (No.1)
Purpose
- The purpose of this Notice is to exempt eligible high-cube freight container carrying heavy 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 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 Vehicles Transporting High-Cube Freight Containers 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 –
‘high-cube freight container’ means a freight container constructed to a height of between 2.9 metres and 3.45 metres.
Application
8. This Notice applies in Tasmania.
9. This Notice applies to a heavy vehicle, other than a dog trailer, that is carrying a high-cube freight container (‘an eligible vehicle’).
Exemption from prescribed dimension requirements
10. This Notice exempts an eligible vehicle from the height limit specified in section 8(d) of Schedule 6 of the Regulation.
Condition – Maximum permissible dimensions
11. An eligible vehicle, together with its load, must not be higher than 4.5m.
Area or routes
12. Subject to clause 13, an eligible vehicle complying with the conditions of this Notice may use all roads in Tasmania except for
(a) Tasman Bridge if the vehicle is more than 4.3m high;
(b) Any other road where there is insufficient height clearance for the vehicle to pass without striking or damaging any road infrastructure
Note: the driver of an eligible vehicle that is higher than 4.3m must assess the suitability of a road prior to operating the vehicle on that road using the maps specified in Appendix 1 to ensure sufficient clearance for the vehicle exists.
13. An eligible vehicle that is a B-double may only use a route if it is approved in the National Class 2 Heavy Vehicle B-double Authorisation Notice (the B-double Notice).
Other conditions
14. An eligible vehicle that is a B-double must comply with any relevant conditions in the B-double Notice, including any restrictions on the hours and days of operation.
Peter Caprioli
Executive Director (Freight and Supply Chain Productivity)
National Heavy Vehicle Regulator
Appendix 1
Height Clearance Under Overhead Structures Map
Note: The Height Clearance Under Overhead Structures Map identifies relevant height clearances that may be relevant depending on specific routes on the network.
The map mentioned in this appendix is published by the Tasmania Department of State Growth, and is available on its website.
Overview
The Heavy Vehicle National Law Tasmania Class 3 Heavy Vehicles Transporting High-Cube Freight Containers Dimension Exemption Notice 2019 (No.1) was enacted to address the logistical challenges posed by the transportation of high-cube freight containers within Tasmania. This Notice, authorised under section 117 of the Heavy Vehicle National Law, aims to facilitate the efficient movement of these containers by exempting eligible vehicles from certain prescribed dimension requirements as outlined in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. By allowing these vehicles to operate under specified conditions, the Notice seeks to enhance supply chain productivity while ensuring safety and compliance with dimensional standards. The Notice commenced on 10 February 2019 and will remain in effect until 9 February 2024, providing a clear framework for the transport of high-cube containers during this period.
Scope and Application
The Tasmania Class 3 Heavy Vehicles Transporting High-Cube Freight Containers Dimension Exemption Notice 2019 applies to heavy vehicles, other than dog trailers, carrying high-cube freight containers within the state of Tasmania. The exemption from prescribed dimension requirements under this Notice is intended to facilitate the transportation of these specific containers while ensuring safety and compliance with maximum permissible dimensions. The Notice stipulates that an eligible vehicle must not exceed a height of 4.5 meters when loaded. Furthermore, these vehicles are permitted to use all roads within Tasmania except for certain locations such as the Tasman Bridge, where vehicles exceeding 4.3 meters in height are prohibited, and any other roads where insufficient height clearance exists. Additionally, B-double vehicles must adhere to the conditions set out in the National Class 2 Heavy Vehicle B-double Authorisation Notice and any other relevant restrictions, including those related to the hours and days of operation. This Notice is made under section 117 of the Heavy Vehicle National Law and applies from 10 February 2019 until 9 February 2024.
Key Provisions
The Tasmania Class 3 Heavy Vehicles Transporting High-Cube Freight Containers Dimension Exemption Notice 2019 (No.1) provides exemptions from certain prescribed dimension requirements for eligible vehicles carrying high-cube freight containers, as outlined in section 10 of the Notice. This exemption applies specifically to vehicles carrying containers that are constructed to a height between 2.9 and 3.45 metres, as defined in clause 7 of the Notice. The Notice applies to heavy vehicles in Tasmania, excluding dog trailers, that are transporting these high-cube freight containers (clause 9). The exemption from the height limit specified in section 8(d) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation is contingent on the vehicle not exceeding a maximum permissible height of 4.5 metres when carrying its load (clause 11).
The Notice imposes several conditions on eligible vehicles. Firstly, these vehicles must not be higher than 4.5 metres when carrying their load (clause 11). Additionally, eligible vehicles are restricted from using certain roads if they exceed a height of 4.3 metres, including Tasman Bridge and any other roads with insufficient height clearance (clauses 12(a) and 12(b)). For B-double vehicles, they must comply with any relevant conditions in the National Class 2 Heavy Vehicle B-double Authorisation Notice, including restrictions on the hours and days of operation (clause 14). Drivers of eligible vehicles must also assess the suitability of roads they plan to use by referring to the maps specified in Appendix 1 to ensure sufficient clearance exists (clause 12 note).
The Notice does not explicitly detail specific offences, penalties, or consequences for breaches of its provisions. However, it operates under the framework of the Heavy Vehicle National Law, which typically includes provisions for penalties for non-compliance. Under the Heavy Vehicle National Law, penalties for breaches can include fines, licence suspension, and other administrative actions. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the law in each participating jurisdiction. It is essential for operators of eligible vehicles to comply with the Notice to avoid any potential penalties or consequences.