Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2024 (No.5)

Overview

The Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2024 (No.5), published on 03/06/2024 by the National Heavy Vehicle Regulator, serves to amend stated networks for heavy vehicles across participating jurisdictions in Australia. This notice was enacted to address immediate safety and infrastructure concerns raised by the Regulator, allowing for the suspension or amendment of routes to prevent serious harm to public safety or significant damage to road infrastructure. This regulatory measure is authorised under sections 175 and 173 of the Heavy Vehicle National Law (HVNL) and applies uniformly across all jurisdictions participating in the national law framework. The notice provides for the suspension or amendment of specific routes listed in Schedule 1, with certain changes taking effect immediately upon publication and others requiring a 28-day waiting period. Affected parties have the opportunity to submit written representations to the Regulator within 14 days of the notice's publication if they believe the amendments should not proceed.

Scope and Application

The Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2024 (No.5) applies in all participating jurisdictions under the Heavy Vehicle National Law, with the purpose of suspending or amending routes to prevent or minimise serious harm to public safety or significant damage to road infrastructure. This notice, which may be cited as the Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2024 (No.5), is made under the authority of sections 175 and 173 of the Heavy Vehicle National Law. Section 175 authorises the immediate suspension or amendment of routes listed in Schedule 1 to prevent or minimise serious harm to public safety or significant damage to road infrastructure, while Section 173 allows for the cancellation or amendment of routes on the Regulator’s initiative. The changes to specified networks in Column 2 of Schedule 1 are amended as specified in Column 4 for the reasons shown in Column 5. The notice also provides for public notice of amendments, allowing any person affected by the purpose of the action to make written representations to the Regulator within 14 days of the publication of the notice about why the amendment should not be made. The amendments commence immediately upon publication of the notice for suspensions or amendments under section 4(1)(a), and 28 days after publication for cancellations or amendments under section 4(1)(b).

Key Provisions

The Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2024 (No.5) (sections 1 to 7) sets out amendments to the stated networks for heavy vehicles, specifically focusing on Victoria's PBS Level 2B cubic network. Section 4(1)(a) of the notice details the suspension or amendment of routes listed in Schedule 1, which takes effect immediately upon publication. Section 4(1)(b) outlines the cancellation or amendment of these routes, which begins 28 days after publication. This notice is made under section 175, allowing for the immediate suspension or amendment of routes to prevent serious harm to public safety or significant damage to road infrastructure, and under section 173, which permits the Regulator to initiate these changes. The changes specified in Column 4 of Schedule 1 pertain to the Department of Transport and Planning's restriction of heavy vehicle access on Sydney Road, between Brunswick Street and Moreland Road, due to amenity issues and to prevent approval requests for higher mass vehicles on this structurally sound route. The obligations imposed by this notice on parties and entities governed by it include adhering to the amended routes specified in Schedule 1. For example, heavy vehicles are strictly prohibited from using Sydney Road between Brunswick Street and Moreland Road until the 28-day period has elapsed. Any person affected by the amendment may make written representations to the Regulator within 14 days of publication, detailing why the amendment should not proceed. Additionally, the notice mandates that all amendments are to be strictly observed in all participating jurisdictions, ensuring consistency and compliance across different regions. Breach of the provisions in this notice can lead to significant consequences. Although the notice does not explicitly detail specific offences or penalties, violations of heavy vehicle regulations generally attract penalties under the Heavy Vehicle National Law. These penalties can include fines and, in severe cases, criminal charges. The maximum penalties for non-compliance with heavy vehicle regulations can vary, but they may include substantial fines and potential imprisonment. It is crucial for all parties to comply with the notice to avoid these legal repercussions and ensure the safety and integrity of the road network.