Heavy Vehicle National Law
Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2023 (No.4)
Statutory Instrument Series:
Stated Maps – Network Suspension and Amendment Notice
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.4)
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: 24 May 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 | - New South Wales - National Class 2 B-double Authorisation Notice
| Coffs Harbour City Council | Remove the following roads: Solitary Islands Way - Between Bosworth Rd Woolgoolga & Roundabout at Pacific Hwy overpass Arrawarra Solitary Islands Way Moonee Beach - between Bucca Road and Killara Drive Solitary Islands Way - Gaudrons Road to Moonee Beach Road | These routes were only to be used while the Sapphire Beach to Woolgooga - Pacific Highway bypass was built. The old highway is now a local road, and the location is now being used by b-doubles for parking. |
Overview
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.4) was enacted to address issues related to the use of specific heavy vehicle routes in New South Wales, particularly in Coffs Harbour City Council. This statutory instrument was issued by the National Heavy Vehicle Regulator under the Heavy Vehicle National Law, aiming to amend stated networks for vehicles on the Regulator's initiative. The Notice was introduced to suspend or amend certain routes immediately to prevent serious harm to public safety or significant damage to road infrastructure, as well as to cancel or amend routes on the Regulator's initiative. The Notice became effective immediately upon publication for certain amendments, while others took effect 28 days after publication. This measure applies across all participating jurisdictions, and affected parties 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.
Scope and Application
This Notice, made under the Heavy Vehicle National Law, serves to amend stated routes for heavy vehicles across participating jurisdictions, specifically targeting the suspension and amendment of certain routes listed in Schedule 1. The application of this Notice is immediate for route suspensions or amendments under Section 175 of the Act, which are aimed at preventing serious harm to public safety or significant damage to road infrastructure. Conversely, route cancellations or amendments under Section 173 of the Act take effect 28 days after the publication of this Notice, allowing for regulatory initiative. The changes pertain to the networks in Column 2 of Schedule 1 and are detailed in Column 4, with the reasons for these changes provided by the Road Manager in Column 5. Notably, any person who may be affected by the changes has the opportunity to make written representations to the Regulator within 14 days of the publication of this Notice, providing grounds why the amendment should not proceed. This Notice is pivotal for maintaining the safety and integrity of road infrastructure, ensuring that heavy vehicle routes are adjusted in response to evolving road conditions and usage patterns.
Key Provisions
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.4) primarily serves to adjust and suspend routes for heavy vehicles in participating jurisdictions, as outlined in Schedule 1. Section 175 of the Notice allows for immediate suspension or amendment of routes to prevent serious harm to public safety or significant damage to road infrastructure, while Section 173 enables the cancellation or amendment of routes on the initiative of the Regulator. These provisions ensure that the routes listed in Schedule 1 are altered or suspended as necessary to address current road conditions and usage.
The obligations imposed by the Notice on the parties it governs are straightforward. Road managers and other relevant authorities must ensure that the specified routes are either suspended or amended as per the Notice, which is effective immediately or 28 days after publication, depending on the section under which the amendment is made. Additionally, any individual or entity affected by the changes can make written representations to the Regulator within 14 days of the Notice's publication if they believe the amendment should not proceed. This provides a mechanism for stakeholders to voice concerns and potentially influence the decision-making process.
Failure to comply with the provisions of the Notice may result in various consequences. While the Notice does not explicitly detail specific offences, penalties, or civil/criminal consequences, it is implied that non-compliance could lead to serious harm to public safety and significant damage to road infrastructure. The Notice operates under the authority of the Heavy Vehicle National Law (HVNL), and breaches of this law could lead to enforcement actions by the Regulator, which may include further amendments, fines, or other penalties as stipulated by the overarching legislation. The severity of these consequences underscores the importance of adhering to the Notice’s stipulations.