Heavy Vehicle National Law
Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2023 (No.5)
Statutory Instrument Series:
Stated Maps – Network Suspension and Amendment Notice
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 2023 (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: 5 June 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 | New South Wales - National Class 2 B-double Authorisation Notice | Leeton Shire Council | Remove the following roads: Cudgel Street - Yanco The entire route from Main Avenue to end of Road for Cudgel Street. | Cudgel Street Conditional access was approved for access to Abattoir which has been closed and shut down for significant time. The RAV access along this route is no longer needed and confuses drivers when looking at the maps. Cudgel Street is a local Urban Street and continued access leaves vehicle stranded as they are unable to turn around at end of route. |
s173 and s175 HVNL | New South Wales - National Class 2 B-double Authorisation Notice | Leeton Shire Council | Remove the following roads: Glenn Road - Leeton – Start Intersection with Murrami Road, end route Douglas Road, Leeton. | Road is a rural gravel access road, no history is available to Council for this conditional approval with January to April Travel Permitted only. The intersection off Murrami Road is not geometrically suitable for any RAV combinations. It poses significant risk to other road users as vehicles have to pass in to oncoming traffic lanes. |
s173 and s175 HVNL | Victoria Class 1 Emergency Management Mass & Dimension Exemption Notice 2018 - Unimog Fire Trucks | Moorabool Shire Council | Remove the following roads: McCormacks Road, Maddingley | Road to be removed due to a bridge load limit in place. |
Overview
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No. 5) was enacted to address issues related to the safety and management of heavy vehicles on certain routes within participating jurisdictions in Australia. This Notice was issued under the authority of Section 175, which empowers the Regulator to suspend or amend routes to prevent or minimize serious harm to public safety or significant damage to road infrastructure, and Section 173, which allows the Regulator to cancel or amend routes on their initiative. The Notice was published on 5 June 2023 by Jose Arredondo, the Manager of Network Access Policy at the National Heavy Vehicle Regulator, and applies to all participating jurisdictions. The primary objective of this Notice is to amend stated networks for heavy vehicles by removing specific roads from the authorised routes due to various safety concerns and operational issues. This includes roads that have become unsuitable due to changes in land use, inadequate infrastructure, or significant risks to public safety. The Notice allows for immediate suspension or amendment of routes to address urgent issues, while other changes take effect 28 days after publication, giving affected parties an opportunity to make representations.
Scope and Application
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No. 5) applies in all participating jurisdictions, aiming to suspend or amend routes for heavy vehicles to prevent serious harm to public safety or significant damage to road infrastructure. This Notice operates under Section 175 to immediately suspend or amend routes to avert immediate dangers and under Section 173 on the Regulator's initiative to cancel or amend routes, with changes taking effect 28 days post-publication. The Notice allows for specified networks in Column 2 of Schedule 1 to be amended as per Column 4, with reasons provided in Column 5. It extends to all jurisdictions participating in the Heavy Vehicle National Law, enabling the Regulator to address safety concerns and infrastructure integrity by modifying routes that pose risks to road users or are no longer necessary. The Notice also provides a mechanism for public input, allowing affected parties to make written representations to the Regulator within 14 days of the Notice’s publication if they believe the amendment should not proceed.
Key Provisions
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No. 5) is issued under section 175 to suspend or amend routes to prevent serious harm to public safety or significant damage to road infrastructure, and under section 173 to cancel or amend routes on the Regulator’s initiative. The Notice immediately suspends or amends routes listed in Schedule 1 to prevent or minimise serious harm to public safety or significant damage to road infrastructure (s1(1)(a)), and cancels or amends routes listed in Schedule 1 on the Regulator’s initiative, with changes taking effect 28 days after publication (s1(1)(b)). This Notice applies in all participating jurisdictions and amends specific networks as specified in Schedule 1.
The Notice imposes several obligations on the parties it governs. Firstly, it mandates that any person affected by the purpose of the Notice must make written representations to the Regulator within 14 days of the publication of the Notice if they believe the amendment should not be made (s6). Additionally, the specified networks in Column 2 of Schedule 1 are amended as specified in Column 4 for the reasons outlined by the Road Manager in Column 5. The amendments are justified based on factors such as closed facilities, unsuitable road conditions, and risks to public safety.
Failure to comply with the provisions of this Notice may result in civil or criminal consequences. While the Notice does not explicitly state penalties for breach, under the relevant Heavy Vehicle National Law, breaches can attract significant penalties. For example, in the case of serious harm to public safety, penalties can include substantial fines and imprisonment. The exact penalties depend on the severity of the breach and are determined in accordance with the specific provisions of the Heavy Vehicle National Law.
In summary, the Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No. 5) provides for the immediate suspension or amendment of specified routes to safeguard public safety and road infrastructure, with changes taking effect 28 days after publication. It requires affected parties to make representations to the Regulator within 14 days of the Notice’s publication and mandates specific amendments based on safety and operational considerations. Non-compliance may lead to significant penalties under the Heavy Vehicle National Law.