Heavy Vehicle National Law
Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2023 (No.12)
- 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.12).
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: 22/11/2023
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 | South Australia – Multiple Networks – 23m B-Double (GML/HML), 25/26m B-Double (GML/HML), PBS 2A network. | Department for Infrastructure and Transport | Amend the current approved network on the following roads: 1. The Springs Rd, Diagonal Rd & Mile Hill Rd - Between Princes Hwy and Overland Track 2. Kangaroo Flats Rd - Between Princes Hwy & Mount Mcintyre Rd 3. Daveyston Rd - Between Thiele Hwy (Freeling) and Sturt Hwy | 70kph speed restriction on Kangaroo Flat Road between the intersection of Princess Hwy/ Kangaroo Flat Road & Wandilo Forest Rd/ Kangaroo Flat Road |
s173 and s175 HVNL | Queensland - Multiple Networks – 25/26m B-Double @ GML, CML and HML 26m PBS Level 2A Vehicles @ GML, CML and HML 30m PBS Level 2B Vehicles @ GML, CML and HML | Department of Transport and Main Roads | Add restriction: Warrego Highway and Gehrke Ag Private Entrance RI15 – At the intersection of Warrego Hwy and Gehrke Ag Private Entrance, the driver must breakdown to a 19.0m semi-trailer or PBS Level 1 vehicle to make all turns out of the Gehrke Ag Private Entrance. RI17 – No right turn permitted from Gehrke Ag Private Entrance onto the Warrego Hwy. RI17 - No left turn permitted from Gehrke Ag Private Entrance onto the Warrego Hwy. RI17 - No right turn permitted from Warrego Hwy onto Gehrke Ag Private Entrance. | No right turn permitted from Gehrke Ag Private Entrance onto the Warrego Hwy, there is inadequate queuing distance to clear the eastbound lanes if required to give way to oncoming westbound traffic. No right turn permitted from Warrego Hwy onto Gehrke Ag Private Entrance, there is inadequate queuing distance to clear the westbound lanes if required to give way to oncoming eastbound traffic. No left turn permitted from Gehrke Ag Private Entrance onto the Warrego Hwy as there is restricted sight distance of vehicles travelling in the eastbound lanes. |
s173 and s175 HVNL | Queensland - Multiple Networks – Road Train 32m Network - Road Train 36.5 Network | Department of Transport and Main Roads | Add restriction: Wyaga Road from Cunningham Highway (Ch. 0.0km) to the Gore Highway (Ch. 39.8km) To highlight the Wyaga Road from Cunningham Highway to the Gore Highway as "red" in the NHVR portal to advise of the Road Train restriction on the route. There is confusion with the access statues of Wyaga Road as the road resides in the gazetted green shaded Road Train area. Access is not permitted based on a route assessment. | Historic TMR restrictions prior to the NHVR portal and "No Road Trains beyond this point" signs are also installed at each end of Wyaga road for a long period of time. A current route assessment has been carried out on the Wyaga Road from the Cunningham Highway to the Gore Highway that determine the following deficiencies: • Pavement width is 0.2m-4.2m less than guidelines for traffic volumes on the majority of the route for the requested vehicle; • Seal width is 0.4m-1.8m less than guidelines for traffic volumes in sections on the route for the requested vehicle; • Deficiencies identified with the current pavement condition with defects including rutting, pavement failures, edge breaks and pavement undulation. Access to this section of road would pose an increased risk to public safety due to heavy vehicle use that is incompatible with road infrastructure and or traffic conditions. |
Overview
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No. 12), enacted by the National Heavy Vehicle Regulator, aims to amend the stated networks for heavy vehicles on the Regulators initiative. This Notice was published to address specific public safety and infrastructure concerns that arise from heavy vehicle usage on certain roads. The amendments, which include route suspensions, cancellations, and modifications, are intended to mitigate risks associated with serious harm to public safety or significant damage to road infrastructure. The Notice is applicable in all participating jurisdictions and provides a mechanism for the public to make written representations within 14 days of the notice's publication if they believe an amendment should not be made. The Notice's immediate suspension or amendment of routes under section 175 aims to prevent or minimise serious harm to public safety or significant damage to road infrastructure, while the cancellation or amendment of routes under section 173 is made on the Regulators initiative.
Scope and Application
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.12) applies to all participating jurisdictions and concerns the amendment of stated networks for heavy vehicles under the Regulators initiative. This Notice is made under Section 175 of the Heavy Vehicle National Law, allowing for the immediate suspension or amendment of routes to prevent or minimise serious harm to public safety or significant damage to road infrastructure, and under Section 173 for cancelling or amending routes on the Regulators initiative. The Notice provides for specific amendments to networks in South Australia and Queensland, including changes to route restrictions and speed limitations, and the designation of certain roads as "red" to highlight road train restrictions. The changes apply immediately for some routes and will commence 28 days after publication for others. Any affected persons have the opportunity to make written representations to the Regulator within 14 days of the publication of the Notice. This Notice extends the application of the Heavy Vehicle National Law through subordinate instruments by detailing specific amendments to the stated networks in the Schedule.
Key Provisions
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.12) amends the stated networks for heavy vehicles, particularly focusing on routes within South Australia and Queensland. Under sections 4(1)(a) and 4(1)(b), the Notice suspends or amends certain routes immediately upon publication and cancels or amends other routes 28 days after publication. The Notice applies in all participating jurisdictions and is made under sections 175 and 173 of the Heavy Vehicle National Law (HVNL), aimed at preventing serious harm to public safety or significant damage to road infrastructure. The changes are specified in Schedule 1, detailing the authorising provisions, the networks affected, the locality, the changes to the routes, and the reasons provided by the Road Manager for these changes.
The Notice imposes obligations on various parties, including the Department for Infrastructure and Transport in South Australia and the Department of Transport and Main Roads in Queensland. These departments are responsible for implementing the changes to the specified routes. Additionally, any person affected by the purpose of the action can make written representations to the Regulator within 14 days of the Notice’s publication, explaining why the amendment should not be made. The Notice mandates the amendment of specific routes to address safety concerns and infrastructure limitations. For instance, in South Australia, certain roads have been amended to include speed restrictions and route changes, while in Queensland, new restrictions have been added to manage vehicle access and turns on specific highways.
The Notice also outlines the potential consequences of non-compliance with the amendments. Although specific penalties are not detailed in the Notice, breaches of the Heavy Vehicle National Law can result in significant civil or criminal penalties. Under section 173 of the HVNL, unauthorised use of a stated route can lead to fines and potential imprisonment. Furthermore, any actions that result in serious harm to public safety or significant damage to road infrastructure can attract more severe penalties, including higher fines and extended periods of imprisonment. The precise penalties would depend on the specific breach and the courts' discretion.
In summary, the Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.12) aims to enhance public safety and protect road infrastructure by amending specific heavy vehicle routes in South Australia and Queensland. The Notice imposes obligations on relevant departments to implement these changes and provides a mechanism for affected parties to voice their concerns. Non-compliance with the Notice can result in serious civil and criminal penalties under the Heavy Vehicle National Law.