Heavy Vehicle National Law
Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2023 (No.10)
- Purpose
The purpose of this Notice is to amend stated networks for vehicles on the Regulators initiative.
2. Commencement date
1) Suspension or amendment of the routes in Schedule 1 under s4(1)(a) below commences immediately upon publication of this Notice; and
2) Cancellation or amendment of the routes in Schedule 1 under s4(1)(b) below commences 28 days after publication of this Notice.
3. Title
This Notice may be cited as the Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.10).
4. Authorising provision
1) 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.
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: 23/10/2023
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 – Multiple Networks – All Class 2 B-double networks. | Hepburn Shire Council | Remove the following roads: Route Planner ID UWIE-7 - Allendale-Kingston Road, Allendale (from Creswick-Newstead Road to Grays Road) Grays Road, Allendale (from Allendale-Kingston Road to Allendale-Kingston Road) Allendale-Kingston Road, Allendale (from Grays Road to Kingston Road) | These roads were the appropriate heavy vehicle route prior to the upgrade of Kingston Road between Werona Kingston Road and Creswick Newstead Road. They are now unsuitable to remain gazetted due to the overall condition, narrow width, and poor intersection alignment. The council will still give consideration to the use of the roads in any future permit applications. |
s173 and s175 HVNL | Victoria – Multiple Networks – All Class 2 B-double and A-Double networks. | Greater Shepparton City Council | Remove the following roads: Fryers St between Midland Hwy - Welsford St Welsford St between Fryers St - Knight St Knight St between Welsford St - Wyndham St | B-doubles cannot negotiate through the slip lane from Knight St to the Goulburn Valley Hwy (Wyndham St) with appropriate clearances. B -doubles cannot negotiate through the slip lane from Knight St to the Goulburn Valley Hwy (Wyndham St) without mounting adjacent kerb or island. |
Overview
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.10) was enacted to address safety and infrastructure concerns associated with the use of specific heavy vehicle routes in Victoria. This Notice, published on 23 October 2023 by Jose Arredondo, Manager of Network Access Policy at the National Heavy Vehicle Regulator, aims to suspend, amend, or cancel certain heavy vehicle routes to prevent serious harm to public safety or significant damage to road infrastructure. The Notice is authorised under Sections 173 and 175 of the Heavy Vehicle National Law (HVNL) and applies to all participating jurisdictions. The changes to specified networks are detailed in Schedule 1, which outlines the reasons for the amendments provided by the respective Road Managers. Notably, the Notice provides a 14-day window for any person affected by the proposed changes to make written representations to the Regulator. The commencement of these amendments varies, with immediate suspension or amendment of routes under Section 175, and a 28-day delay for cancellation or amendment of routes under Section 173.
Scope and Application
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.10) applies to all participating jurisdictions within Australia, regulating the routes and networks for heavy vehicles as per the Heavy Vehicle National Law (HVNL). This Notice specifically addresses the suspension or amendment of routes for heavy vehicles to prevent serious harm to public safety or significant damage to road infrastructure. The amendments are made under Sections 173 and 175 of the HVNL, and they directly affect Class 2 B-double and A-Double heavy vehicle networks in Victoria, including networks managed by Hepburn Shire Council and Greater Shepparton City Council. The changes involve removing certain roads from the gazetted routes due to unsuitable conditions such as narrow widths and poor intersection alignments. Affected parties have the right to make written representations to the Regulator within 14 days of the notice's publication if they believe the amendments should not proceed. This Notice ensures that heavy vehicles operate on routes that maintain safety and structural integrity of the roads.
Key Provisions
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.10) (the Notice) amends the stated networks for heavy vehicles, specifically Class 2 B-double and A-Double networks in Victoria. Section 4(1)(a) of the Notice immediately suspends or amends certain routes to prevent serious harm to public safety or significant damage to road infrastructure, while Section 4(1)(b) cancels or amends routes pursuant to the Regulators initiative, with these changes taking effect 28 days after publication (sections 2 and 4). The Notice applies across all participating jurisdictions (section 5).
Under this Notice, specific heavy vehicle routes in Victoria have been amended or removed due to road conditions and infrastructure concerns. For instance, in Hepburn Shire Council, certain roads have been removed from the heavy vehicle network because of their poor condition, narrow width, and poor intersection alignment (Schedule 1, Column 5). Similarly, in Greater Shepparton City Council, specific roads have been removed because B-double vehicles cannot safely navigate certain slip lanes without mounting adjacent kerbs or islands (Schedule 1, Column 5). These changes are intended to ensure the safety and integrity of the road network by preventing vehicles from using roads that are not suitable for their size and weight.
The Notice imposes specific obligations on parties affected by these changes. Any person adversely affected by the amendments may submit written representations to the Regulator within 14 days of the Notice's publication, explaining why the amendment should not proceed (section 7). This provides an opportunity for stakeholders to voice concerns and potentially influence the decision-making process regarding the network changes.
The Notice does not explicitly detail specific offences, penalties, or consequences for non-compliance within its text. However, the statutory authority under which the Notice is made, particularly sections 173 and 175 of the Heavy Vehicle National Law (HVNL), likely encompasses provisions for enforcement and penalties. Non-compliance with these statutory provisions could result in civil or criminal penalties, depending on the nature and severity of the breach. Given the importance of road safety and infrastructure protection, penalties could be substantial, potentially including fines, injunctions, or other legal actions as stipulated by the HVNL.