Heavy Vehicle National Law
Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2023 (No.2)
1 Authorising provision
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.
2 Purpose
The purpose of this Notice is to amend stated networks for vehicles on the Regulators initiative.
3 Commencement date
1) Suspension or amendment of the routes in Schedule 1 under s1(1)(a) above commences immediately upon publication of this Notice; and
2) Cancellation or amendment of the routes in Schedule 1 under s1(1)(b) above commences 28 days after publication of this Notice.
4 Title
This Notice may be cited as the Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.2)
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: 10 March 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 - OSOM networks.
- PBS Level 1 network
| Wellington Shire Council | Remove the following Restricted Bridge – Structure: Delta Bridge is located over Freestone Creek on Valencia Creek-Briagolong Road. Restricted Bridge – Structure 149916 Coordinates: -37.823432, 147.075873 Weight Limit – 35 tonnes | Council is planning to undertake remedial works to the asset, we request that the asset be mapped to assist heavy vehicle users in planning their routes accordingly. |
s173 and s175 HVNL | Victoria - All B-Double networks
- HML networks
| Banyule City Council | Remove the following roads: Dora Street and Jika Street Heidelberg VIC | Alternative route through Banksia and Lower Heidelberg Road is on a more appropriate arterial road. Trucks using Jika and Dora Street as a cut-through is a safety risk and has the potential to cause infrastructure damage. In addition Rosanna Road/Burgundy Street Intersection is not a suitable grade for large vehicles to be turning right out of (both from Jika/Burgundy into Rosanna Road and also Rosanna Road into Jika/Burgundy). |
Overview
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No. 2) was enacted to address immediate safety concerns and facilitate infrastructure improvements across the participating jurisdictions in Australia. This Notice was introduced under the authority of Section 175 and Section 173 of the Heavy Vehicle National Law (HVNL) to suspend or amend certain heavy vehicle routes, with the overarching goal of preventing serious harm to public safety and significant damage to road infrastructure. The Notice was initiated by the National Heavy Vehicle Regulator and provides for the immediate suspension or amendment of routes listed in Schedule 1 to prevent or minimize harm, while also allowing for the cancellation or amendment of routes based on the Regulator's initiative. This legislative instrument ensures that the safety and integrity of road networks are maintained by addressing critical issues promptly and efficiently.
Scope and Application
This Notice, made under the Heavy Vehicle National Law, pertains to the suspension and amendment of heavy vehicle routes within participating jurisdictions. The Notice applies to all jurisdictions involved in the network and targets specific routes listed in Schedule 1 to prevent or mitigate serious harm to public safety or significant damage to road infrastructure. The amendments are effective immediately for suspensions and within 28 days for cancellations or further amendments, providing a prompt response to identified risks. Any affected parties can lodge written representations with the Regulator within 14 days of the notice's publication to contest the changes. The Notice allows for the extension or restriction of its application through subordinate instruments, ensuring flexibility in managing heavy vehicle routes and maintaining public safety standards.
Key Provisions
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.2) (the Notice) is made under sections 173 and 175 of the Heavy Vehicle National Law (HVNL) to amend stated networks for heavy vehicles. Specifically, sections 173 and 175 allow the Regulator to cancel or amend routes to prevent serious harm to public safety or significant damage to road infrastructure, and to manage routes on the Regulator's initiative, respectively. The Notice provides for the suspension or amendment of routes listed in Schedule 1 to prevent or minimise harm, and the cancellation or amendment of these routes on the Regulator's initiative. These changes commence immediately upon publication of the Notice for suspensions or amendments under section 1(1)(a), and 28 days after publication for cancellations or amendments under section 1(1)(b).
The Notice imposes obligations on parties affected by the amendments to the stated networks. It mandates that any person affected by the action may make written representations to the Regulator within 14 days of the publication of the Notice if they wish to contest the amendment. The Notice also requires that the specified networks in Column 2 of Schedule 1 are amended as specified in Column 4 for the Road Manager’s reasons outlined in Column 5. The Notice applies in all participating jurisdictions, ensuring a uniform approach to heavy vehicle route management across states.
There are no explicit offences, penalties, or consequences for breach stated in the Notice itself. However, the Heavy Vehicle National Law under which this Notice is made does include provisions for offences and penalties related to non-compliance with heavy vehicle laws. For instance, contravening a declared route can result in civil penalties, including fines, and potentially criminal penalties if the contravention causes serious harm or significant damage. The specific penalties are detailed in the Heavy Vehicle National Law and may vary depending on the nature and severity of the contravention.