Heavy Vehicle National Law
Heavy Vehicle Stated Maps – Network Suspension and Amendment Notice 2024 (No.2)
- Purpose
The purpose of this Notice is to amend stated networks for vehicles on the Regulators initiative.
2. Commencement date
1) Suspension or amendment of the routes in Schedule 1 under s4(1)(a) below commences immediately upon publication of this Notice; and
2) Cancellation or amendment of the routes in Schedule 1 under s4(1)(b) below commences 28 days after publication of this Notice.
3. Title
This Notice may be cited as the Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2024 (No.2).
4. Authorising provision
1) 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.
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: 31/01/2024
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 | South Australia – Multiple Networks – B-Double and Road Train Commodity Routes: Grain • Fertiliser• Grain and Bulk Stock Feed • Livestock • Wool | District Council Of Lower Eyre Peninsula | Remove the following approval routes: Part of Broccabruna Drive needs to be removed: Broccabruna Drive (section from Mena Road to the Flinders Highway) Broccabruna Drive (section from Farm Beach Road southwards) | Broccabruna Drive (section from Mena Road to the Flinders Highway) The road is not all-weather, very narrow, windy in places and weaves through very large gum trees. The road therefore does not meet geometrical standards for a Commodity Route in terms of road width and horizontal alignment and does not meet pavement standards. As a consequence, the road is not maintained as a freight route. Any agriculture land in the area has frontage to other gazetted Commodity Routes. Broccabruna Drive (section from Farm Beach Road southwards) This road serves a holiday shack area with narrow roads and no footpaths. It would be difficult and unsafe for a Class 2 RAV to manoeuvre in the shack area. Any agriculture land in the area has frontage to other gazetted Commodity Routes. |
Overview
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2024 (No.2), issued under the Heavy Vehicle National Law, addresses the need to amend stated networks for heavy vehicles, particularly focusing on routes within participating jurisdictions to enhance public safety and protect road infrastructure. This Notice was enacted to respond to issues identified on specific routes that either do not meet the necessary safety and maintenance standards or pose risks due to their narrow widths and unsuitable conditions for heavy vehicles. The Notice was authorised by sections 175 and 173 of the Heavy Vehicle National Law, providing the legal basis for immediate suspension or amendment of routes to prevent serious harm or significant damage. It mandates the amendment of routes in South Australia, specifically targeting sections of Broccabruna Drive, to address concerns about road conditions, alignment, and safety for heavy vehicles. This legislative action is a direct response to the identified need to ensure that heavy vehicle routes comply with the necessary standards for safe operation and to prevent potential hazards to the public and infrastructure.
Scope and Application
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2024 (No.2) pertains to all jurisdictions participating in the Regulators initiative, targeting the amendment of specific heavy vehicle routes to ensure public safety and protect road infrastructure. This Notice is invoked under Sections 175 and 173 of the Heavy Vehicle National Law (HVNL), which allows for immediate suspension or amendment of routes to prevent serious harm or damage, as well as the cancellation or amendment of routes under the Regulators initiative. The Notice mandates that any person or entity directly affected by the proposed changes must submit written objections to the Regulator within 14 days of the Notice’s publication if they believe the amendment should not proceed. The Notice’s scope extends to amending specified networks listed in Schedule 1, detailing the changes, localities, and reasons for alterations, such as inadequate road width, horizontal alignment, and pavement standards. The Notice aims to ensure that the routes meet the necessary geometrical and pavement standards, thereby enhancing road safety and infrastructure integrity across the participating jurisdictions.
Key Provisions
The Heavy Vehicle Stated Maps – Suspension and Amendment Notice 2024 (No.2) amends the stated networks for heavy vehicles within participating jurisdictions, as per section 4(1). This Notice suspends or amends routes immediately under section 4(1)(a) and cancels or amends routes 28 days after publication under section 4(1)(b). It is made under sections 173 and 175 of the Heavy Vehicle National Law (HVNL), as stated in section 4. The Notice applies in all participating jurisdictions, as outlined in section 5, and the specific networks in Column 2 of Schedule 1 are amended as specified in Column 4, with the reasons for changes provided in Column 5. Section 6 details these amendments, while section 7 allows for any person affected by the Notice to make written representations to the Regulator within 14 days of publication, expressing why the amendment should not proceed.
Under this Notice, certain routes in South Australia, specifically for B-Double and Road Train Commodity Routes related to grain, fertiliser, grain and bulk stock feed, livestock, and wool, are amended. The localities affected include the District Council of Lower Eyre Peninsula. The changes involve removing specific sections of Broccabruna Drive, as these roads do not meet the required geometrical and pavement standards for a Commodity Route. The reasons provided by the Road Manager include the road's unsuitability due to its narrowness, poor weather conditions, windy sections, and weaving through large gum trees, rendering it unsafe for heavy vehicles.
The obligations imposed by this Notice include ensuring that heavy vehicles comply with the amended routes specified in Schedule 1. Road managers and operators must adhere to the new route designations to prevent serious harm to public safety and significant damage to road infrastructure. This compliance is critical for maintaining safety standards and ensuring that heavy vehicles use appropriate routes that meet the required specifications for width, alignment, and pavement conditions.
Any breach of the provisions of this Notice may lead to civil or criminal consequences. While specific penalties are not detailed in the Notice, breaches of the Heavy Vehicle National Law typically carry significant fines. For example, offences under section 173 may result in fines up to $100,000 for individuals and $500,000 for bodies corporate, while section 175 offences could incur similar penalties. Additionally, continued operation of heavy vehicles on non-compliant routes may lead to further enforcement actions, including vehicle impoundment and potential prosecution. Compliance with the Notice is therefore essential to avoid these legal repercussions.