Heavy Vehicle National Law
Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2022 (No.5)
1 Authorising provision
This Notice is made under:
a) Section 175, immediately suspending or amending the routes listed in Schedule 1 of this Notice to prevent or minimize serious harm to public safety or significant damage to road infrastructure; and
b) Section 173, cancelling or amending the routes listed in Schedule 1 of this Notice on the Regulators initiative.
2 Purpose
The purpose of this Notice is to amend stated networks for vehicles on the Regulators initiative.
3 Commencement date
1) Suspension or amendment of the routes in Schedule 1 under s1(1)(a) above commences immediately upon publication of this Notice; and
2) Cancellation or amendment of the routes in Schedule 1 under s1(1)(b) above commences 28 days after publication of this Notice.
4 Title
This Notice may be cited as the Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2022 (No.5).
5 Application
This Notice applies in all participating jurisdictions.
6 Amendments
The specified networks in Column 2 of Schedule 1 to this Notice are amended as specified in Column 4 for the Road Manager’s reasons shown in Column 5.
7 Public notice of amendment
Any person affected by the purpose of the action they make written representation to the Regulator within 14 days of the publication of the notice about why the amendment should not be made.
Dated: 2 November 2022
Jose Arredondo
Manager Network Access Policy
National Heavy Vehicle Regulator
Schedule 1: Table of Amended Routes
COLUMN 1 Authorising Provision | COLUMN 2 Network | COLUMN 3 Locality | COLUMN 4 Changes to Route | COLUMN 5 Road Manager Reasons for Change |
s173 and s175 HVNL | Victoria PBS Level 1 network | Whittlesea City Council | Remove the following roads: Walnut Street and Wyntour Street, Whittlesea | Local roads in built up area, that could be used as shortcuts between two arterial roads. Arterial roads intersection 100-200m south of these local roads and provide appropriate arterial road alternate for vehicle movements. |
s173 and s175 HVNL | Queensland B25 route | Hinchinbrook Shire Council | Remove the following roads: Mill Rd, Macknade | The current route pushed the heavy vehicle traffic through the small township of Macknade and forces these vehicles to navigate a sharp bend at the Post Office below. The nature of the bend places these trucks at risk of crossing the centre line of the road with no visibility of oncoming traffic. The community partitioned Council and Wilmar to reduce heavy vehicles through the township and this request is a result of community consultation with these residents. |
Overview
The Heavy Vehicle National Law (HVNL) was enacted in 2012, establishing a consistent legal framework for heavy vehicle operations across Australia. This law was introduced to address the need for a unified approach to the regulation of heavy vehicles, aiming to ensure public safety, minimise environmental impact, and maintain the integrity of road infrastructure. The enactment of the HVNL was carried out by the Australian Parliament, with a clear policy objective to streamline the management of heavy vehicles by replacing a patchwork of inconsistent state and territory laws with a single national law. The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2022 (No.5) is an example of how the national framework allows for amendments to be made in response to local concerns and infrastructure needs, ensuring the law remains relevant and effective in protecting public safety and road infrastructure.
Scope and Application
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2022 (No.5) applies in all participating jurisdictions, and its primary purpose is to amend stated networks for vehicles covered under the Regulators initiative. This Notice can be invoked under Section 175 to immediately suspend or amend routes listed in Schedule 1 to prevent or minimise serious harm to public safety or significant damage to road infrastructure, or under Section 173 to cancel or amend routes on the initiative of the Regulator. The Notice comes into effect immediately for suspensions or amendments under Section 175, and 28 days after publication for those under Section 173. Schedule 1 details the changes to specific routes, including reasons for these changes as provided by the Road Manager. Affected parties have the right to make written representations to the Regulator within 14 days of the notice's publication if they oppose the proposed amendments.
Key Provisions
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2022 (No. 5) outlines the key provisions for the immediate suspension and amendment of routes for heavy vehicles, as well as the cancellation or amendment of these routes on the initiative of the Regulator (s1). These changes are made under Section 175 to prevent or minimise serious harm to public safety or significant damage to road infrastructure, and under Section 173 on the Regulators initiative (s1(1)(a) and (b)). The Notice aims to modify the stated networks for vehicles, particularly those on the Regulators initiative (s2). The changes in Schedule 1 take immediate effect upon publication for suspensions or amendments under Section 175, and commence 28 days after publication for cancellations or amendments under Section 173 (s3). The Notice applies across all participating jurisdictions and can be cited as the Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2022 (No. 5) (s4 and s5).
The Notice imposes specific obligations on the parties it governs, including the requirement for any person affected by the action to make written representations to the Regulator within 14 days of the publication of the notice if they oppose the amendment (s6). The changes outlined in Schedule 1 involve the removal of certain roads from the network to mitigate risks such as local roads in built-up areas or sharp bends in townships that endanger heavy vehicles (s7). For example, in Victoria, Walnut Street and Wyntour Street, Whittlesea, are removed to prevent vehicles from using them as shortcuts between two arterial roads, while in Queensland, Mill Rd, Macknade, is removed to avoid sharp bends that risk heavy vehicles crossing the centre line without visibility of oncoming traffic.
Failure to comply with the provisions of this Notice can lead to various consequences, although specific penalties are not detailed in the text. The Notice may impose both civil and criminal penalties for breaches, depending on the severity and intent of the violation. The immediate suspension and amendment of routes aim to protect public safety and infrastructure, and any non-compliance could result in legal action against the offending party. The precise nature of these consequences would be determined by relevant laws and regulations governing heavy vehicle operations and safety standards.