Heavy Vehicle National Law
Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2023 (No.7)
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.7)
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: 1 September 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 – All B-double Authorisation Notices | Cootamundra-Gundagai Regional Council | Remove the following roads: from Adams Street to Wallendoon Street. from Gundagai Road to Mcconaghy Street. from Victoria Parade to Berthong Street. from Sutton Street to Hovell Street. from Sutton Street to Hovell Street. | Consideration for heavy vehicle access was undertaken, and upon assessment, Council wishes to request the removal of specific roads due to inadequate road infrastructure and concerns for public safety on Parker Street, Berthong Street, Wills Street, Francis Street and Lawrence Street, Cootamundra. The noted roads include busy residential areas with active driveways, commercial car parks and high public activity. These roads are commonly utilised by pedestrians and cyclists in which conditions cannot be applied to mitigate the identified risks of heavy vehicle travel and ensure public safety. |
s173 and s175 HVNL | New South Wales – All B-double Authorisation Notices, route status for 19m, 23m and 25m/26m B-doubles | Wingecarribee Shire Council | Remove the following roads: Innes Road, Moss Vale, between Berrima Road and Lackey Road. | There are two adjoining schools, particularly St Pauls Catholic Primary School which uses Innes Road for afternoon school pick-up, during which time the road parking is completely taken up on either side, narrowing the travel lanes and not allowing for vehicles to pass one another in opposing directions. There are no footpaths in Innes Road. People (including unaccompanied school children) walk on the road carriageway which creates a conflict with vehicles generally. Innes Road has varying widths, ranging from sections that are 10m, 8m and 6m. The 6m section is located on a bend which causes a long vehicle to travel on the wrong side of the road, with limit sight distance of on-coming vehicles. There are currently ten residential properties, with new subdivisions under construction. There are no businesses on Innes Road. All industrial businesses on Lackey Road can be accessed via Douglas Road and do not require Innes Road. The large vehicles will cause unnecessary noise and safety issue to the people living on, and using, Innes Road, with no extra economic benefit to the local community. |
Overview
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.7) was enacted to address the urgent need to amend the stated networks for heavy vehicles, aiming to prevent serious harm to public safety and significant damage to road infrastructure. This Notice was made under the authority of the Heavy Vehicle National Law, specifically sections 173 and 175, by the National Heavy Vehicle Regulator, Jose Arredondo, on 1 September 2023. The Notice immediately suspends or amends certain routes in participating jurisdictions, while others take effect 28 days after publication. This legislative instrument responds to concerns raised by local councils about the inadequate road infrastructure and safety risks posed by heavy vehicles in specific areas, particularly in residential and school zones. The Notice allows for public consultation, requiring any affected parties to make written representations to the Regulator within 14 days of publication if they wish to contest the proposed amendments.
Scope and Application
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.7) applies to heavy vehicles operating within all participating jurisdictions in Australia, as stipulated in section 5. This Notice operates under the authority of the Heavy Vehicle National Law (HVNL) and specifically targets stated routes for vehicles on the Regulators initiative. It has the immediate effect of suspending or amending specified routes to prevent or minimize serious harm to public safety or significant damage to road infrastructure, as per section 175, and cancelling or amending routes on the initiative of the Regulator, as per section 173. The Notice amends the specified networks listed in Schedule 1, which includes detailed changes to the routes in various localities, and is designed to address safety and infrastructure concerns. The changes are effective immediately for suspension or amendment under section 175 and will take effect 28 days after publication for cancellations or amendments under section 173. Any affected parties may submit written representations to the Regulator within 14 days of the publication of the notice if they oppose the proposed amendments.
Key Provisions
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.7) (C2023G01035) primarily serves to suspend or amend heavy vehicle routes in New South Wales, in accordance with sections 175 and 173 of the Heavy Vehicle National Law (HVNL) (paragraph 1). Section 175 is invoked to immediately suspend or amend routes listed in Schedule 1 to prevent or minimize serious harm to public safety or significant damage to road infrastructure. Section 173 is used to cancel or amend routes on the initiative of the Regulator. This Notice becomes effective immediately upon publication for actions taken under Section 175, and 28 days after publication for actions under Section 173 (paragraph 3). The Notice applies to all participating jurisdictions and amends the specified networks as outlined in Schedule 1, with reasons for the changes provided by the Road Manager (paragraphs 4 and 6).
Entities and parties governed by this Notice, such as local councils and heavy vehicle operators, have specific obligations. Local councils are required to consider heavy vehicle access and, if they deem it unsafe, can request route removals or amendments due to inadequate road infrastructure or public safety concerns (paragraph 6). These councils must provide reasoned justifications for any route changes they propose. Operators of heavy vehicles must comply with the amended routes and ensure that their operations do not contravene the provisions of this Notice. Furthermore, any person affected by the amendments can make written representations to the Regulator within 14 days of the Notice's publication, explaining why the amendment should not proceed (paragraph 7).
Breach of the provisions under this Notice can lead to various civil or criminal consequences. While the Notice does not explicitly outline specific penalties, breaches of the Heavy Vehicle National Law generally could result in substantial fines and potential criminal charges. For instance, operating a heavy vehicle on a suspended route could lead to penalties including fines up to several thousand Australian dollars and possible imprisonment for more severe violations. The exact penalties would be determined based on the specific breach and the applicable sections of the HVNL. The primary goal of this Notice is to ensure public safety and protect road infrastructure from significant damage by managing heavy vehicle routes effectively.