Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2022 (No.2)

Overview

The Heavy Vehicle National Law Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2022 (No.2) was enacted to address inaccuracies in the publication of routes in operators' guides, which could potentially lead to serious harm to public safety or significant damage to road infrastructure. This Notice was authorised by the National Heavy Vehicle Regulator and commenced immediately upon publication, with certain amendments taking effect 28 days after publication. The Notice aims to amend stated networks for heavy vehicles, specifically targeting routes that were incorrectly published. The changes affect routes in New South Wales and South Australia, where specific B-Double routes were removed due to errors in the operators' guides. The Notice provides a mechanism for public representation against the amendments, allowing affected parties to voice their concerns within 14 days of the Notice's publication. This legislative measure seeks to ensure the accuracy and reliability of route information for heavy vehicles, thereby enhancing road safety and infrastructure protection across participating jurisdictions.

Scope and Application

This Notice, the Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2022 (No.2), applies to all participating jurisdictions and pertains to the amendment of stated networks for heavy vehicles on the Regulators initiative. The Notice is enacted under sections 173 and 175 of the Heavy Vehicle National Law, aiming to suspend or amend routes to prevent or minimize serious harm to public safety or significant damage to road infrastructure, and to cancel or amend routes on the Regulators initiative. The changes are made effective immediately for suspensions and amendments under section 1(1)(a), and 28 days after publication for cancellations and amendments under section 1(1)(b). This Notice specifically addresses and amends the routes in New South Wales and South Australia where the networks for 19m B-Double vehicles were incorrectly published on the operators guide. The changes include the removal of 19m General Access operating at 42.5t to 50t in various councils within South Australia and in Ku-Ring-Gai Council in New South Wales. The Notice also allows any affected person to make written representations to the Regulator within 14 days of the notice's publication if they oppose the amendment.

Key Provisions

This Notice, made under the Heavy Vehicle National Law (HVNL), operates to suspend or amend specific heavy vehicle routes as listed in Schedule 1, in order to prevent serious harm to public safety or significant damage to road infrastructure (sections 1 and 2). The Notice is immediately effective for the suspension or amendment of routes under section 175 of the HVNL (section 3(1)(a)), and it becomes effective 28 days after its publication for the cancellation or amendment of routes under section 173 of the HVNL (section 3(1)(b)). The Notice applies across all participating jurisdictions and amends the specified networks as detailed in Schedule 1, Column 4, for the reasons provided by the Road Managers in Column 5. Entities and individuals governed by this Act have certain obligations and requirements. They must adhere to the amended routes listed in Schedule 1, which are effective immediately for suspension or amendment and 28 days after publication for cancellation or amendment. Any person affected by the amendment can make written representations to the Regulator within 14 days of the Notice’s publication if they believe the amendment should not proceed (section 6). These obligations are intended to ensure that the routes are correctly applied and that any potential issues raised by stakeholders are considered. Breach of the provisions in this Notice may result in civil or criminal consequences, depending on the nature of the breach. The Act does not specify particular offences or penalties in this Notice; however, generally, breaches of the HVNL can result in fines, imprisonment, or both. The specific penalties would be determined by the courts based on the nature and severity of the breach. It is important for all parties to comply with the Notice to avoid any legal repercussions.