Heavy Vehicle National Law
Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2023 (No.8)
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.8)
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: 8 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 | Victoria – PBS Level 1 network | Cardinia Shire Council | Remove the following roads: within Pakenham Centre / Major Peds Activity area. - John St btw Henry St and Drake Place
- Drake Place btw John St and Main St.
- Henry St btw John St and Slattery Place
- Slattery Place btw Henry St and Station St.
- Treloar Lane btw John St and Cook Dr.
- Cook Dr btw Henry St and Station St.
- Station St btw Main St and Slattery Place.
- Railway Ave btw Slattery Pl and Main St.
| 1. The streets listed above are within Pakenham town centre / major pedestrian activity area; 2. LXRP project for Pakenham Station is currently underway and will be completed in 2024; 3. The existing (three) roundabouts within Pakenham town centre cannot sufficiently accommodate heavy vehicle turning; 4. Amenity. Accordingly, these roads are required to be de-gazetted from PBS L1 network. |
s173 and s175 HVNL | South Australia – Class 1 - OSOM 59.5t Low loader | Department for Infrastructure and Transport - DIT | Restrictions are to be applied on the following a route: 3.0m width restriction (within CC Campbelltown and CC Burnside) 1) Right turn from St Bernard’s Road into Magill Road 2) Left turn from Penfold Road into Magill Road 4.6m Height restriction from Newton Rd/Gorge Rd intersection, Newton Rd, St Bernards Rd and Penfold Rd to Kensington/Penfold Road roundabout. | Restrictions are to be applied following a route survey by SA Power Networks and the DIT. This decision was formed in consultation with SAPOL & SAPN as part of a trial outcome identifying the risk of bringing down powerlines and the geometric design of the road poses a significant risk to safety. |
Overview
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.8) was enacted to address the immediate need to suspend or amend heavy vehicle routes within certain localities to prevent serious harm to public safety and to mitigate significant damage to road infrastructure. This Notice, issued under sections 175 and 173 of the Heavy Vehicle National Law, allows for the suspension or amendment of routes listed in Schedule 1, which aims to respond to public safety concerns or significant infrastructure issues. The Notice was enacted by the National Heavy Vehicle Regulator and it applies across all participating jurisdictions. The commencement date for the suspension or amendment of routes under section 175 is immediate upon publication, while the cancellation or amendment of routes under section 173 commences 28 days after publication. The policy objective of this Notice is to ensure that heavy vehicle routes are adjusted promptly to accommodate ongoing infrastructure projects, such as the Pakenham Station project in Victoria, and to address safety concerns related to road geometry and the potential for powerline damage, as identified in South Australia.
Scope and Application
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No. 8) applies across all participating jurisdictions under the Heavy Vehicle National Law. It immediately suspends or amends routes listed in Schedule 1 to prevent or minimise serious harm to public safety or significant damage to road infrastructure. This Notice also cancels or amends routes on the initiative of the Regulator. The Notice takes effect immediately upon publication for suspensions or amendments, and 28 days after publication for cancellations or amendments. The amendment to the specified networks in Column 2 of Schedule 1 is based on the reasons provided by the Road Manager in Column 5, which include factors such as inadequate infrastructure to accommodate heavy vehicles, ongoing projects, and safety concerns. Any affected person has the right to make written representations to the Regulator within 14 days of the notice's publication, explaining why the amendment should not proceed.
Key Provisions
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2023 (No.8) primarily suspends, amends, or cancels heavy vehicle routes listed in Schedule 1 to prevent serious harm to public safety or significant damage to road infrastructure, as well as on the initiative of the Regulator (s1). These amendments are effective immediately for suspensions and amendments under section 175 (s3(1)(a)) and 28 days after publication for cancellations or amendments under section 173 (s3(1)(b)). The Notice applies across all participating jurisdictions (s5) and amends specified networks as detailed in Schedule 1 (s6).
The Notice imposes several obligations on the parties it governs. Firstly, it mandates the immediate suspension or amendment of routes listed in Schedule 1 to ensure public safety and protect road infrastructure (s1(1)(a)). Secondly, it requires the cancellation or amendment of routes on the initiative of the Regulator, which must take effect 28 days after the Notice is published (s1(1)(b)). Additionally, any person affected by the proposed changes has the right to make written representations to the Regulator within 14 days of the Notice's publication, outlining why the amendment should not proceed (s7).
Breaches of the provisions set out in the Notice may result in various civil or criminal consequences. While specific penalties are not detailed within the Notice itself, it is likely that any breaches would be subject to the penalties outlined in the Heavy Vehicle National Law (HVNL). Generally, breaches of the HVNL can result in substantial fines, with maximum penalties varying depending on the specific provision breached. For instance, offences involving dangerous driving or causing harm could attract significant financial penalties and potential imprisonment. The exact penalties would depend on the nature and severity of the breach.
The Notice also allows for public input, providing an opportunity for any affected parties to voice their concerns or objections to the proposed amendments. This ensures that the decisions made are informed and considerate of potential impacts on stakeholders. It is important for all parties governed by the Notice to be aware of their obligations and the potential consequences of non-compliance to ensure adherence to the law and the safety of the public and infrastructure.