Heavy Vehicle National Law
Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2023 (No.11)
- Purpose
The purpose of this Notice is to amend stated networks for vehicles on the Regulators initiative.
2. Commencement date
1) Suspension or amendment of the routes in Schedule 1 under s4(1)(a) below commences immediately upon publication of this Notice; and
2) Cancellation or amendment of the routes in Schedule 1 under s4(1)(b) below commences 28 days after publication of this Notice.
3. Title
This Notice may be cited as the Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.11).
4. Authorising provision
1) 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.
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: 31/10/2023
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 | Victoria – Multiple Networks – All 2A PBS network maps. | Department of Transport and Planning | Remove the following roads: High Street/Warren Street in Echuca | Now that there is a new bridge in play too across the Murray River, we should probably be trying to encourage all larger trucks to use the major highways rather than the C class road within Echuca that goes straight through a key town activity centre. (e.g. if trucks are heading between NSW and Victoria they use the highways are unsuitable from a safety risk. |
s173 and s175 HVNL | South Australia – Multiple Networks – GML Commodity Routes B-double and Type 1 Road Train networks. | Lower Eyre Council | Add restrictions on the following road: Speed limit 40km/h Gap Road, Coulta SA RRD 000 (Flinders Highway) to RRD 10260m RRD 10260 to Settlers Road | Reduce speed limit to 40km/h. Issues are tight bends, widths around bends and steep gradients. This is also a school bus route. |
Overview
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.11) was introduced to amend stated networks for heavy vehicles under the Regulators initiative. This notice was enacted to address safety and infrastructure concerns associated with the routes heavy vehicles were permitted to travel. The Notice was made under the Heavy Vehicle National Law (HVNL) and is authorised by sections 173 and 175. The purpose of this Notice is to suspend or amend routes to prevent serious harm to public safety or significant damage to road infrastructure. This legislative action applies in all participating jurisdictions and allows for the amendment of specified networks for reasons such as encouraging larger trucks to use major highways instead of smaller roads in town centres, and imposing speed restrictions on roads with safety concerns. The Notice provides a mechanism for public consultation, allowing affected parties to make written representations to the Regulator within 14 days of the publication of the notice if they wish to contest the proposed amendments.
Scope and Application
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.11) applies to all participating jurisdictions under the Heavy Vehicle National Law (HVNL). This Notice affects heavy vehicles by amending or suspending specific routes to ensure public safety and protect road infrastructure. The changes are made under the authority of Section 175, which allows for immediate suspension or amendment to prevent serious harm, and Section 173, which pertains to the Regulators initiative. Notably, the Notice mandates alterations to the heavy vehicle networks in Victoria and South Australia, including route modifications and speed restrictions based on safety concerns such as tight bends, road widths, and gradients. Any person or entity impacted by these amendments can make written representations to the National Heavy Vehicle Regulator within 14 days of the Notice's publication.
Key Provisions
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.11) (sections 1 to 7) modifies the routes listed in Schedule 1 for vehicles on the Regulators initiative. The changes are divided into two categories: immediate suspension or amendment of routes under section 4(1)(a) of the legislation, which takes effect immediately upon publication, and cancellation or amendment of routes under section 4(1)(b), which takes effect 28 days after publication. This Notice, cited as the Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.11), is applicable in all participating jurisdictions and is made 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 for amendments on the Regulators initiative. The Notice amends the specified networks listed in Column 2 of Schedule 1 for the reasons detailed in Column 5.
This Notice imposes obligations on parties and entities by requiring them to comply with the amended routes and restrictions as specified. It mandates adherence to the new routes and speed limits for heavy vehicles, which are intended to enhance safety and protect infrastructure. For example, the Notice removes certain roads from the network in Echuca, Victoria, and imposes speed restrictions on Gap Road in South Australia to address safety concerns related to road conditions and school bus routes. It also provides a mechanism for individuals affected by the changes to make written representations to the Regulator within 14 days of the publication of the notice if they wish to argue against the amendments.
Breaches of the amended routes or failure to comply with the new restrictions could result in various consequences. While the Notice does not explicitly detail the specific penalties or consequences for non-compliance, breaches of heavy vehicle laws can generally lead to fines, legal action, and potential criminal charges, depending on the severity and impact of the breach. The penalties can vary widely, from fines for minor infractions to more severe penalties, including imprisonment, for significant breaches that cause harm or endanger public safety. It is important for all parties to adhere strictly to the amended routes and restrictions to avoid any legal repercussions.