Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2024 (No.3)

Overview

The Heavy Vehicle National Law Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2024 (No. 3) was enacted to address issues related to the safety and integrity of road infrastructure by amending specific routes designated for heavy vehicles. The Notice was introduced to suspend or amend routes identified by the Regulator as unsuitable for heavy vehicles due to potential risks to public safety and road infrastructure. This amendment was authorised under sections 173 and 175 of the Heavy Vehicle National Law (HVNL), with the primary policy objective of preventing serious harm or significant damage caused by heavy vehicles on certain routes. The Notice was issued by the National Heavy Vehicle Regulator and applies across all participating jurisdictions. It aims to ensure that heavy vehicles operate on routes that are safe and suitable, thereby protecting both the public and the road infrastructure from potential hazards.

Scope and Application

The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2024 (No.3) applies to all participating jurisdictions within Australia and pertains to the amendment of stated networks for heavy vehicles, specifically targeting routes that have been determined unsuitable for such vehicles due to risks to public safety and road infrastructure. This Notice is made under Section 175 for immediate suspension or amendment of routes to prevent serious harm to public safety or significant damage to road infrastructure, and under Section 173 for cancelling or amending routes on the Regulator's initiative. The Notice mandates specific changes to the routes listed in Schedule 1, which includes removing certain roads from Victoria's Permit Road Train Hay & Grain Network due to their unsuitability for heavy vehicles. The changes are intended to address the mass and dimension of vehicles which may cause damage to infrastructure or pose risks to public safety. The Notice provides for a 28-day period for the cancellation or amendment of routes to take effect after publication, while the suspension or amendment of routes under Section 175 takes effect immediately upon publication. Additionally, the Notice allows any person affected by the amendment to make written representations to the Regulator within 14 days of the Notice’s publication.

Key Provisions

The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2024 (No.3) (the Notice) amends the stated networks for heavy vehicles as listed in Schedule 1. Specifically, section 4(1)(a) of the Notice immediately suspends certain routes to prevent or minimize serious harm to public safety or significant damage to road infrastructure, while section 4(1)(b) cancels or amends other routes on the Regulator’s initiative, with changes taking effect 28 days after the Notice's publication. This Notice applies in all participating jurisdictions and is authorised under sections 173 and 175 of the Heavy Vehicle National Law (HVNL). The Notice imposes specific obligations on parties affected by the amendments. It requires any person who believes they will be adversely affected by the changes to make written representations to the Regulator within 14 days of the Notice's publication, explaining why the amendment should not proceed. Additionally, it mandates that the specified networks, as detailed in Column 2 of Schedule 1, be altered as outlined in Column 4 of the Schedule, for the reasons given by the Road Manager in Column 5. Failure to comply with the provisions of this Notice may result in legal consequences. While the Notice itself does not explicitly state penalties for non-compliance, breaches of the HVNL or related regulations could result in civil or criminal penalties. For instance, under the HVNL, the penalties for contravening the law can include fines of up to $22,200 for individuals and $111,000 for bodies corporate, reflecting the seriousness of non-compliance with road safety and infrastructure protection regulations.