Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2024 (No.6)

Overview

The Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2024 (No.6) was enacted to address issues concerning the safety and integrity of road infrastructure affected by heavy vehicle traffic. This notice was issued under the authority of the National Heavy Vehicle Regulator and serves to suspend, amend, or cancel specific routes for heavy vehicles in participating jurisdictions. The primary objective is to prevent serious harm to public safety and significant damage to road infrastructure by restricting or altering access for heavy vehicles on identified routes. Immediate action is taken for suspensions to prevent harm, while amendments and cancellations require a 28-day waiting period to allow for public representation. This notice applies across all jurisdictions participating in the heavy vehicle national law framework and mandates that affected parties have an opportunity to voice their concerns within 14 days of the notice's publication. This notice was made under Section 175 for immediate suspension or amendment of routes to prevent serious harm or significant damage, and under Section 173 for cancellation or amendment on the Regulator’s initiative. The specified networks listed in the notice are amended based on the Road Manager’s reasons, which include issues such as road conditions unsuitable for heavy vehicle traffic, pending road repairs, and the need to protect road infrastructure from damage. The notice provides a structured process for managing heavy vehicle routes to ensure both public safety and the longevity of road assets.

Scope and Application

The Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2024 (No.6) applies in all participating jurisdictions under the Heavy Vehicle National Law. This notice is designed to address and amend the specified networks for heavy vehicles, particularly road trains, on the initiative of the Regulator. The notice is immediately effective for the suspension or amendment of routes listed in Schedule 1, while the cancellation or amendment of these routes will take effect 28 days after publication. The amendment aims to prevent or mitigate serious harm to public safety or significant damage to road infrastructure, as well as to update routes based on the Road Manager's reasons, such as road conditions that are deemed unsuitable for heavy vehicle access. Persons or entities affected by these changes have the opportunity to make written representations to the Regulator within 14 days of the notice's publication if they believe the amendment should not proceed. The notice does not specify exclusions, exemptions, or thresholds beyond the stated routes and conditions outlined in Schedule 1.

Key Provisions

The Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2024 (No.6) (sections 2 to 7) details specific changes to the stated networks for heavy vehicles. This notice amends the routes listed in Schedule 1 under two primary sections: section 4(1)(a) which immediately suspends or amends routes to prevent or minimise serious harm to public safety or significant damage to road infrastructure, and section 4(1)(b) which cancels or amends routes on the Regulator’s initiative. The changes and cancellations commence either immediately or 28 days after the publication of the notice, depending on the specific action taken. The obligations imposed by the notice include the immediate restriction of heavy vehicle access on certain routes due to infrastructure deficiencies, pending a 28-day period for public consultation and written representations. Specifically, for the South Australia – 36.5m Road Train Network, access is restricted on Merintha Creek Road between Flinders Highway and Tod Highway because the road is below the required standard and is unsealed, performing poorly in both dry and wet conditions. Similarly, in Queensland, access is restricted on Dysart Clermont Road and Huntley Road due to unsuitable pavement and geometry for the specified vehicle configuration, which could cause damage to the road. Offences and penalties for breaching these amendments are not explicitly stated in the notice, but non-compliance could lead to significant harm to public safety and infrastructure damage, which are serious concerns under the Heavy Vehicle National Law (HVNL). The notice relies on the authority of sections 173 and 175 of the HVNL, which provide the legal basis for immediate suspension or amendment of routes to address safety and infrastructure concerns. The Regulator is empowered to take these actions to ensure the safety and integrity of the road network.