National Class 1 and 3 COVID-19 Health Facility Access Exemption Notice 2021 (No.1)

Overview

The National Class 1 and 3 COVID-19 Health Facility Access Exemption Notice 2021 (No. 1), enacted under the Heavy Vehicle National Law (HVNL), was introduced to facilitate access to COVID-19 health facilities for drivers and occupants of Class 1 and Class 3 heavy vehicles. This legislative instrument was issued by the National Heavy Vehicle Regulator and aims to provide exemptions from certain mass and dimension requirements to support the national response to the COVID-19 pandemic, ensuring that essential services such as testing, vaccination, and other health-related services could be accessed without undue restrictions on vehicle operations. The Notice commenced on 24 September 2021 and is set to expire on 23 September 2026, unless otherwise altered by subsequent legislation. This Notice applies to vehicles operating on areas or routes specified in a COVID-19 health facility access map, allowing for mass and dimension exemptions provided that the vehicles adhere to specified conditions, including compliance with road, travel, and vehicle conditions as outlined in the HVNL. Exemptions only apply to the extent that conditional mass and dimension limits are specified on the COVID-19 health facility access map, ensuring that the use of exemptions does not compromise road safety or other regulatory requirements. The Notice also disapplies certain conditions under Schedule 8 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation, contingent on the provisions of the COVID-19 health facility access map.

Scope and Application

The National Class 1 and 3 COVID-19 Health Facility Access Exemption Notice 2021 (No.1) provides temporary mass and dimension exemptions for Class 1 and Class 3 heavy vehicles. This Notice is made under section 117 of the Heavy Vehicle National Law, which allows the Regulator to exempt certain heavy vehicles from mass and dimension requirements. The exemption applies to vehicles operating on routes or in areas specified in a COVID-19 health facility access map to facilitate access to COVID-19 facilities, such as for testing, vaccination, or other services. The exemption is only valid if the specified routes or areas have conditional mass and dimension limits set out in the COVID-19 health facility access map. The Notice applies nationwide and is effective from 24 September 2021 until 23 September 2026, with any conditions and requirements being governed by the map published by the National Heavy Vehicle Regulator. The Notice also disapplies certain conditions of Schedule 8 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation if specified in the COVID-19 health facility access map.

Key Provisions

The main operative sections of this Notice (sections 8 and 10) grant specific exemptions from mass and dimension requirements for Class 1 and 3 heavy vehicles, provided these vehicles are operating on areas or routes specified in a COVID-19 health facility access map. This exemption is intended to facilitate access to COVID-19 health facilities for drivers and occupants of these vehicles, such as for testing, vaccination, or other services (section 7). The exemptions apply to mass limits (Schedule 1) and dimension requirements (Schedule 6) as outlined in the Heavy Vehicle (Mass Dimension and Loading) National Regulation (section 8(1)). However, these exemptions only apply if a specific conditional mass or dimension requirement is specified for a particular area or route in the COVID-19 health facility access map (section 8(2) and (3)). Additionally, any conditions of Schedule 8 specified as disapplied under a COVID-19 health facility access map are also disapplied under this Notice (section 10(1)). This Notice imposes several obligations on the parties it governs. Eligible vehicles, which are Class 1 or 3 heavy vehicles operating in areas or on routes specified in a COVID-19 health facility access map, must comply with road, travel, and vehicle conditions as specified in the map (section 9(4)). These conditions include mass limits and dimension limits relevant to the exemptions provided (section 9(5)). Additionally, any conditions of Schedule 8 specified as disapplied under a COVID-19 health facility access map must be adhered to as per the terms outlined in the map (section 10). Breaches of the conditions set out in this Notice may lead to civil or criminal consequences. The National Heavy Vehicle Regulator is responsible for enforcing the compliance with these conditions. While the Notice does not explicitly state penalties for breaches, violations of the Heavy Vehicle National Law and its regulations can result in significant penalties, including fines and imprisonment. For example, under section 14 of the HVNL, an individual who knowingly or recklessly contravenes a requirement of the HVNL may be liable to a penalty of up to $13,200 for an individual and up to $66,000 for a body corporate. The Notice emphasises the importance of adhering to the specified conditions to ensure safe and lawful operation of heavy vehicles during the COVID-19 pandemic.