Heavy Vehicle National Law
Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2023 (No.6)
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.6)
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: 4 August 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 | Wagga Wagga City Council | Remove the following roads: Elizabeth Avenue Forest Hill Inglewood road Mitchell road Kyeamba avenue Vincent road | The route area has undergone significant urban development with the construction of new subdivisions. General access by class 2 B double combinations is not compatible with the road and traffic conditions and council is now requiring access be restricted to permit only. |
s173 and s175 HVNL | South Australia - 19m HML 3 Axle Crane 4 Axle Crane 40t SPV Level 1A PBS | Department for Infrastructure and Transport (DIT) | Remove the following roads: The Parade Norwood (between Portrush Rd and Fullarton Rd) | I note that The Parade is a commercial precinct with outdoor dining and high pedestrian activity and the operation of these vehicles raises the following risks: - impose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or
- pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions
I believe there is a more suitable route for these vehicles (Magill Road or Kensington Road). |
Overview
The Heavy Vehicle National Law (HVNL) Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No. 6) was enacted to address the need for immediate adjustments to stated networks for heavy vehicles to prevent serious harm to public safety and significant damage to road infrastructure. This statutory notice, issued under section 175 to suspend or amend routes and section 173 to cancel or amend routes, was published on 4 August 2023 by Jose Arredondo, the Manager of Network Access Policy at the National Heavy Vehicle Regulator. The Notice aims to modify the stated networks for heavy vehicles following the Regulator's initiative, with the amendments taking effect immediately or 28 days after publication, depending on the action. It applies to all participating jurisdictions, allowing for the suspension or amendment of routes to mitigate risks associated with urban development, road infrastructure incompatibility, and public safety concerns. The Notice provides an opportunity for any affected parties to make written representations to the Regulator within 14 days of publication, voicing their objections to the proposed amendments.
Scope and Application
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No. 6) applies in all participating jurisdictions under the Heavy Vehicle National Law, addressing routes for heavy vehicles within the Regulators initiative. This Notice 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 to cancel or amend routes on the initiative of the Regulator. The Notice immediately suspends or amends routes specified in Schedule 1 to prevent or minimize serious harm or damage, while cancellations or amendments under Section 173 will take effect 28 days after the Notice's publication. The Notice provides for public consultation, allowing any affected person to make written representations to the Regulator within 14 days of publication regarding why the amendment should not be made. The Notice specifically targets and alters routes in New South Wales and South Australia, reflecting changes in urban development and public safety considerations.
Key Provisions
The main operative sections of the Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.6) are Sections 175 and 173 of the Heavy Vehicle National Law (HVNL). Section 175 allows for the immediate suspension or amendment of routes to prevent or minimize serious harm to public safety or significant damage to road infrastructure, while Section 173 permits the cancellation or amendment of routes at the Regulator's initiative (sections 1(1)(a) and (b)). The Notice specifies these actions through Schedule 1, detailing which routes are suspended or amended, and the reasons behind such actions. The commencement date for these changes is immediate for suspensions or amendments under Section 175, and 28 days after publication for cancellations or amendments under Section 173.
The obligations imposed by this Act on the parties or entities it governs include adherence to the amended routes as specified in Schedule 1. Road managers and local authorities are required to ensure that the new routes comply with safety standards and public interest considerations. Affected parties have the right to make written representations to the Regulator within 14 days of the publication of the Notice if they believe the amendment should not proceed. This provision allows for a degree of public participation and input in the decision-making process concerning route amendments.
The Notice also outlines the consequences of non-compliance. Although the Notice itself does not specify penalties, breaches of the Heavy Vehicle National Law could lead to enforcement actions under the broader legislative framework. Penalties for breaches may include fines and other civil or criminal sanctions as outlined in the HVNL. For instance, operating a heavy vehicle on a route that has been suspended or amended without authorization could result in fines and potential disqualification from driving. It is important for all parties to be aware of and comply with the amended routes to avoid any legal repercussions.