Heavy Vehicle National Law - Victoria Class 3 Heavy Vehicle Livestock Carrier Mass Exemption Notice 2016 (No. 1)

HEAVY VEHICLE NATIONAL LAW

Victoria Class 3 Heavy Vehicle Livestock Carrier Mass Exemption Notice 2016 (No. 1)

1 Purpose

The purpose of this Notice is to exempt a stated category of class 3 heavy vehicles from the mass requirements prescribed in Schedules 1 to 5 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation).

Note – The Heavy Vehicle National Law provides that a heavy vehicle is a class 3 heavy vehicle if it, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it and is not a class 1 heavy vehicle. The National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation Notice 2014 (No. 1) authorises the use of livestock carriers from 4.3 to 4.6 metres in height in the areas or routes, during the hours on the days and subject to the conditions set out in that Notice. This instrument is an exemption that declares that livestock carriers that are up to 4.6 metres high are exempt from all of the prescribed mass requirements prescribed under the Heavy Vehicle National Law, subject to compliance with the conditions set out in this Notice.

This instrument does NOT exempt these vehicles from other requirements of the Heavy Vehicle National Law including, but not limited to, other dimension requirements.

Note - This Notice replaces the Victoria Class 3 Heavy Vehicle Livestock Carrier Mass Exemption (Notice) 2015 (No. 1) which expires on 9 November 2016.

2 Authorising Provision

This Notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (the HVNL).

3 Title

This Notice may be cited as the Victoria Class 3 Heavy Vehicle Livestock Carrier Mass Exemption Notice 2016 (No. 1).

4 Commencement

               This Notice commences on 10 November 2016.

5 Expiry

              This Notice expires on 9 November 2019.

6 Definitions

(1)   Unless otherwise stated, words or expressions used in this Notice have the same meanings as in the HVNL or regulations made under the HVNL.

(2)     In this Notice—

a)      ‘livestock carrier’ means a heavy vehicle that is a heavy vehicle or combination that is up to 4.6 metres high and that is built to carry cattle, sheep, pigs or horses;

b)      ‘road friendly suspension’ means—

(i)            in the case of a vehicle manufactured on or after 1 January 2000 or fitted with a new suspension system on or after that date, a suspension system of a type that has been certified by the Federal Department of Infrastructure and Regional Development as road friendly suspension; and

(ii)            in any other case, an approved air suspension system that has effective dampening characteristics on each axle.

7 Application

(1)   This Notice applies to livestock carriers.

(2)   This Notice applies in Victoria in the areas or on the routes stated in Schedule 2 to this Notice.

8 Exemption from prescribed mass requirements

This Notice exempts livestock carriers from the mass requirements prescribed in schedules 1 to 5 of the National Regulation, provided that they comply at all times with the conditions set out in this notice.

9 Conditions

The driver and operator of a livestock carrier must comply with the conditions set out in the Schedules to this Notice.

Note: Nothing in this notice exempts the driver or operator of a livestock carrier from complying with legislation regulating the use of heavy vehicles including but not limited to:

a)        compliance with dimension limits in the HVNL;

b)       compliance with traffic signs;

c)        compliance with vehicle standards in the HVNL; and

d)       compliance with lawful directions of authorised officers.

Dated :    3 November  2016

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator

Schedule 1 – Conditions

1. Livestock carriers remain subject to:

a)      the gross vehicle mass (GVM) of the vehicle, meaning the maximum loaded mass of the vehicle, being—

(i)            if the Regulator has, under section 57 of the HVNL, specified the vehicle’s maximum loaded mass, the maximum loaded mass specified under that section; or

(ii)            otherwise as stated by the vehicle’s manufacturer;

b)      the gross combination mass (GCM) of a motor vehicle, meaning the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time, being—

(i)            if the Regulator has, under section 56 of the HVNL, specified the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time, the total maximum loaded mass specified under that section; or

(ii)            otherwise as stated by the vehicle’s manufacturer;

c)       the GTM of the trailer, meaning the mass transmitted to the ground by the axles of the trailer when it is loaded to its GVM and connected to a towing vehicle;

d)      the mass limit for a wheel or axle set by the manufacturer of that wheel or axle; and

e)      the manufacturer’s mass limits for a tyre determined at a cold inflation pressure of not more than—

(i)            for a radial ply tyre, 825kPa; or

(ii)            for another type of tyre, 700kPa.

Unladen Mass of Prime Movers

2.       The unladen mass of a prime mover must not exceed 11 tonnes.

Unladen Mass of Semi-trailers

3.       The unladen mass of a semi-trailer must not exceed 12 tonnes.

4.       The total unladen mass of a prime mover and semi-trailer must not exceed 22 tonnes (note that this is less than the sum of the unladen weights of the prime mover and the semi-trailer).

5.       Fuel tanks must not be fitted to semi-trailers, and any water carried on the semi-trailer must be in quantities for personal use only. The unladen mass is the mass of the empty vehicle with water for personal use only.

Unladen Mass of B-doubles

6.       The unladen mass of the two semi-trailers in a B-double combination must not exceed 21 tonnes.

7.       The total unladen mass of a prime mover and two semi-trailers in a B-double combination must not exceed 32 tonnes.

Dimension limits

8.       In accordance with the prescribed dimension requirements for the purposes of section 101 of the HVNL, the maximum loading space for livestock carriers is:

a)      12.5 metres for semi-trailers; and

b)      a total of 18.8 metres for B-double trailers.

Axle Spacings

9.       To ensure that the mass of the livestock vehicles is appropriately distributed on bridges, livestock carriers must have the following minimum axle spacings:

a)      for prime mover and semi-trailer combinations:

(i)            4.0 metres between the centre of the steering axle to the centre of the rear axle of the prime mover; and

(ii)            6.2 metres from the centre of the rear axle of the prime mover to the centre of the first axle of the semi-trailer;

b)      for B-doubles, the axle and axle group spacings as specified in Table 3 in Schedule 1 to the National Regulation.

Schedule 2 - Roads

10.   Any livestock carrier operating under this notice may use any arterial road in Victoria.

11.   A livestock carrier that is a combination consisting of a prime mover and a semitrailer may use all roads in Victoria.

12.   A livestock carrier that is a B-double combination may travel on a declared B-double route.

Schedule 3 – Operating Conditions

Safe Travel

13.   The registered operator and driver of the livestock carrier are responsible for planning any journey to ensure that the vehicle crosses bridges and negotiates curves in a safe manner, bearing in mind that some roads and intersections may not be capable of accommodating vehicles at the dimensions allowed by this notice.

Minimum ratings

14.   The prime mover must have manufacturer’s ratings of at least:

a)      steer axle 6.0 tonnes;

b)      drive axle group 17.3 tonnes;

c)       GVM of 23.3 tonnes;

d)      GCM (single articulated) of 46.3 tonnes; and

e)      GCM (B-double) of 68.0 tonnes.

15.   Semitrailers must have a manufacturer’s tri-axle rating of at least 25 tonnes.

16.   The manufacturer’s ratings for the vehicle and components must not be exceeded, including the vehicle GVM, GCM, GTM and ratings for axles, wheels and tyres.

17.   Vehicles must be equipped with dual tyres on all non-steering axles to minimise road wear.

Vehicle Stability

18.   To maintain vehicle stability, the following criteria apply:

a)      this notice only covers 6 axle articulated vehicles and 9 axle B-doubles;

b)      an approved air suspension system is required on prime movers and semi-trailers registered in Australia for the first time between 1 January 1998 and 31 December 1999; and

c)       a road friendly suspension is required on prime movers and semi-trailers registered in Australia for the first time after 1 January 2000.

Loading and Operating

19.   The number of decks used to transport livestock must not exceed:

a)      2 for cattle;

b)      3 for pigs; or

c)       4 for sheep.

20.   No freight apart from livestock may be carried when operating under this notice.

21.   Registered operators and drivers must ensure that the provisions of Victorian law and the provisions of any applicable codes of practice for animal welfare during road transport, including the Prevention of Cruelty to Animals Act 1986 (Vic), the ‘Code of Practice for the Welfare of Farm Animals during Transportation’ published in January 2002, are complied with, particularly in relation to use of pens to separate livestock.

Driver Training

22.   The driver of the vehicle must—

a)      have received training from a training provider that is accredited by VicRoads to conduct heavy vehicle training and testing in accordance with this clause; and

b)      must have satisfied the training provider referred to in clause 22(a) that he or she—

(i)            has a good understanding of animal welfare codes and regulations;

(ii)            understands the appropriate techniques for loading and unloading livestock vehicles;

(iii)            understands the legal requirements for operating under this notice;

(iv)            understands the techniques of driving high vehicles and negotiating adverse road conditions;

(v)            can use the VicRoads’ bulletin entitled ‘Height Clearance on Roads’ to plan a route to avoid low bridges; and

(vi)            can drive a high livestock vehicle in a safe manner.

Carrying Documents

23.   The driver must carry the following documents in the driving compartment and must produce them when requested to do so by an authorised officer or a police officer—

a)      a copy of a certificate from the driver training provider of the successful completion of the training described in clause 22;

b)      a copy of the Victorian Livestock Loading Scheme Certificate approved by VicRoads showing vehicle ratings, unladen vehicle mass and semi-trailer loading space; and

c)       a copy of the current edition of the VicRoads’ booklet entitled ‘Height Clearance on Roads’.

Evidence of Compliance

24.   All prime movers and semi-trailers are required to display a VicRoads’ approved VLLS plate signifying participation in the Victorian Livestock Loading Scheme referred to in clause 23(b) of this notice. The plate is to be affixed in the vicinity of the registration plates on the front of prime movers and at the rear of semi-trailers.

Interstate Registered Vehicles

25.   Vehicles registered in another State or Territory are eligible to apply for participation in the Victorian Livestock Loading Scheme.

26.   An operator of an interstate registered livestock vehicle participating in a livestock loading scheme in another State or Territory is eligible to operate in the Victorian Livestock Loading Scheme if—

a)      the vehicle meets the required vehicle manufacturer’s ratings set out in clauses 14 to 17 of Schedule 3 to this notice;

b)      the unladen mass of the vehicle is within the Victorian limits set out in clauses 2 to 7 of Schedule 1 to this notice; and

c)       a copy of relevant documents relating to the Livestock Loading Scheme in the other state or territory is carried, including individual weighbridge dockets showing the unladen mass of the prime mover and semi-trailer(s).