Heavy Vehicle National Law - Victoria Class 3 2-Axle Bus Mass Exemption Notice 2018 (No.1)

Overview

The Heavy Vehicle National Law Victoria Class 3 2-Axle Bus Mass Exemption Notice 2018 (No.1) was enacted to address the problem of outdated mass requirements for certain buses operating in Victoria. This Notice was made under section 117 of the Heavy Vehicle National Law, as in force in each participating jurisdiction, and was issued by the National Heavy Vehicle Regulator. The primary objective of this legislation is to provide an exemption from certain mass requirements for eligible two-axle buses manufactured before 1 January 2019, thereby ensuring continued operation of these buses while maintaining safety standards within specified limits. The Notice aims to streamline compliance for these buses by exempting them from specific mass conditions outlined in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, while imposing conditions such as a total mass limit of 18t and axle mass limits of 7t for the steer axle and 12t for the rear drive axle with dual tyres. The Notice also specifies operational routes for buses longer than 12.5 metres, ensuring they are confined to the Controlled Access Bus Network.

Scope and Application

The Victoria Class 3 2-Axle Bus Mass Exemption Notice 2018 (No.1) provides an exemption from certain mass requirements for two-axle buses operating in Victoria that were manufactured before 1 January 2019. This Notice, which replaces the New South Wales and Victoria Class 3 Bus Mass Limit Exemption Notice 2014, applies to eligible vehicles defined as complying buses, ultra-low floor buses, controlled access buses, or buses licensed to carry standing passengers, provided they meet specified mass and operational criteria. It is made under section 117 of the Heavy Vehicle National Law (HVNL) and has a specific geographic and jurisdictional reach within Victoria. Notably, this Notice imposes conditions such as a total mass limit of 18 tonnes and axle mass limits of 7 tonnes for the steer axle and 12 tonnes for the rear drive axle with dual tyres. The exemption from certain mass requirements includes sections 2(1)(a)(i)(A), 2(1)(a)(iii), 2(1)(b), and section 4 relating to the general mass limits in Table 1 of Part 2 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. The Notice also specifies operational areas and routes, allowing buses up to 12.5m to operate on all roads while those longer than 12.5m are restricted to the Controlled Access Bus Network. The Notice commenced on 1 July 2018 and will expire on 30 June 2023 unless otherwise extended by subordinate instruments.

Key Provisions

The Heavy Vehicle National Law Victoria Class 3 2-Axle Bus Mass Exemption Notice 2018 (No. 1) (the Notice) exempts certain two-axle buses from specified mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. The Notice applies to eligible vehicles operating in Victoria that were manufactured before 1 January 2019. An eligible vehicle, as defined in section 7, refers to a two-axle bus with a steer axle and a single drive axle with dual tyres, and may include a complying bus, an ultra-low floor bus, a controlled access bus, or a bus licensed to carry standing passengers, excluding ultra-low floor buses. This Notice exempts such buses from certain mass requirements stipulated in Schedule 1 of the National Regulation, namely sections 2(1)(a)(i)(A), 2(1)(a)(iii), 2(1)(b), and section 4 relating to general mass limits specified in Table 1 (Axle mass limits table) of Part 2. However, the total mass of an eligible vehicle must not exceed 18 tonnes, and the mass on the steer axle must not exceed 7 tonnes, while the mass on the rear drive axle with dual tyres must not exceed 12 tonnes. Vehicles up to 12.5 metres in length may operate on all roads in Victoria, while those longer than 12.5 metres are restricted to operating on routes specified in the Controlled Access Bus Network. Under the Notice, there are specific obligations imposed on the parties or entities it governs. Owners and operators of eligible vehicles must ensure that these vehicles comply with the defined mass requirements. This includes regularly checking and maintaining the mass of their vehicles to ensure they do not exceed the specified limits. Additionally, operators must ensure that their vehicles are only used on roads and routes as permitted under the Notice. For example, buses longer than 12.5 metres must only be used on routes specified in the Controlled Access Bus Network. Non-compliance with these obligations may result in penalties. The Notice also outlines the offences, penalties, and consequences for breach of its provisions. The Heavy Vehicle National Law and associated regulations provide for a range of penalties for breaches, including fines and imprisonment. For example, under section 203 of the Heavy Vehicle National Law, an individual who contravenes a provision of the National Regulation may be liable to a fine of up to 5,000 penalty units (currently approximately AUD 930,000), and a corporation that contravenes a provision of the National Regulation may be liable to a fine of up to 25,000 penalty units (currently approximately AUD 4.65 million). In addition to fines, individuals and corporations may also be subject to disqualification from holding a heavy vehicle operator licence or a heavy vehicle national registration. These penalties and consequences serve to deter non-compliance with the Notice and ensure that eligible vehicles are operated in a safe and responsible manner.