HEAVY VEHICLE NATIONAL LAW
National Class 2 COVID-19 Health Facility Access Authorisation Notice 2021 (No.1)
- Purpose
This Notice authorises access to Class 2 heavy vehicles for the purpose of allowing the vehicle’s drivers and occupants to attend specified COVID-19 health facilities.
2. Authorising provision
1) This Notice is made under the following provision of the Heavy Vehicle National Law (HVNL):
a) section 138 – Regulator’s power to authorise use of all or stated categories of class 2 heavy vehicles
3. Title
This authorisation Notice may be cited as the National Class 2 COVID-19 Health Facility Access Authorisation Notice 2021 (No.1).
4. Commencement date
This Notice commences on 24 September 2021.
5. Expiry date
This Notice expires on 23 September 2026.
6. Definitions
1) Unless otherwise stated, words and expressions used in this Notice have the same meanings as those in the HVNL and its regulations.
2) In this Notice:
COVID-19 health facility means a facility, site or location specified on a COVID 19 health facility access map.
COVID-19 health facility access map means a map published by the National Heavy Vehicle Regulator (NHVR) that refers to this Notice.
7. Application
1) This authorisation Notice applies to a Class 2 heavy vehicle that is operating on a stated COVID-19 facility access map for the purpose of attending a COVID-19 facility so that the driver or occupants may:
a) undergo testing for COVID-19; or
b) undergo vaccination for COVID-19; or
c) or access other service delivered at the COVID-19 facility.
2) This authorisation Notice only applies to a heavy vehicle operating in stated areas or on routes specified in a COVID-19 health facility access map pursuant to section 9 of this Notice.
3) A heavy vehicle to which this section applies is an eligible vehicle.
8. Authorisation
1) Subject to the conditions in this Notice, an eligible vehicle is authorised to operate on the areas and routes specified in section 9.
2) Only stated categories of class 2 vehicles specified on a COVID-19 health facility access map are authorised to access areas and routes specified on that map.
9. Condition – Areas and routes (COVID-19 Health Facility Access Maps)
1) An eligible vehicle operating under this authorisation Notice may operate in areas or on routes set out in a COVID-19 health facility access map, as published by the NHVR.
2) Only maps published by the Regulator that refer to this Notice are COVID-19 health facility access maps.
3) For the purposes of section 142(1)(b) of the HVNL, a COVID-19 health facility access map is a stated area or route to which this authorisation Notice applies.
4) An eligible vehicle operating on an area or route on a COVID-19 health facility access map must comply with the following conditions as specified for routes and areas set out on that map:
a) Road conditions pursuant to section 160 of the HVNL; and
b) Travel conditions pursuant to section 161 of the HVNL; and
c) Vehicle conditions pursuant to section 162 of the HVNL.
Peter Caprioli
Executive Director (Freight and Supply Chain Productivity)
National Heavy Vehicle Regulator
Overview
The National Class 2 COVID-19 Health Facility Access Authorisation Notice 2021 (No.1) was enacted to address the urgent need for facilitating access to COVID-19 health facilities by Class 2 heavy vehicles. This legislation was introduced to ensure that drivers and occupants of these vehicles could attend specified COVID-19 health facilities, whether for testing, vaccination, or other related services. The Notice was made under the Heavy Vehicle National Law (HVNL) by the National Heavy Vehicle Regulator (NHVR), with the aim of providing a clear legal framework for such operations. The authorisation Notice applies to Class 2 heavy vehicles operating on designated routes and areas specified on COVID-19 health facility access maps published by the NHVR, subject to the conditions outlined in the Notice. It authorises eligible vehicles to operate in these specified areas and on routes, ensuring compliance with road, travel, and vehicle conditions as set out in the HVNL.
Scope and Application
The National Class 2 COVID-19 Health Facility Access Authorisation Notice 2021 (No. 1) applies to Class 2 heavy vehicles used for transporting drivers and occupants to and from specified COVID-19 health facilities. This authorisation Notice is made under section 138 of the Heavy Vehicle National Law (HVNL) and is applicable to vehicles operating in specific areas or on routes outlined in a COVID-19 health facility access map published by the National Heavy Vehicle Regulator (NHVR). The Notice authorises such vehicles to operate under certain conditions, including compliance with road, travel, and vehicle conditions as stipulated by the HVNL. The Notice is geographically effective in areas specified by the COVID-19 health facility access maps, and it only applies to stated categories of Class 2 vehicles outlined on those maps.
The Notice commenced on 24 September 2021 and will expire on 23 September 2026, unless otherwise amended. It is important to note that this authorisation Notice is limited to Class 2 heavy vehicles and does not extend to other classes of vehicles or to individuals. The Notice’s application is further restricted to the specific areas and routes delineated in the COVID-19 health facility access maps published by the NHVR. This Notice, in essence, aims to facilitate the movement of necessary personnel to and from COVID-19 health facilities, ensuring that such operations are conducted within the legal framework provided by the HVNL and its associated regulations.
Key Provisions
The National Class 2 COVID-19 Health Facility Access Authorisation Notice 2021 (No.1) (sections 1-9) provides authorisation for the operation of certain Class 2 heavy vehicles for the purpose of facilitating access to COVID-19 health facilities. This authorisation is made under section 138 of the Heavy Vehicle National Law (HVNL) and applies to vehicles operating on routes and areas specified in a COVID-19 health facility access map, published by the National Heavy Vehicle Regulator (NHVR). The Notice permits these vehicles to transport drivers and occupants who need to undergo COVID-19 testing, vaccination, or access other services at specified COVID-19 health facilities.
Parties and entities governed by this Notice, primarily Class 2 heavy vehicle operators, must comply with the conditions set forth in the Notice and the COVID-19 health facility access map. This includes adhering to the specified routes and areas, as well as complying with road, travel, and vehicle conditions as outlined in sections 160, 161, and 162 of the HVNL respectively. Operators must ensure that their vehicles meet the eligibility criteria specified in the Notice and on the COVID-19 health facility access map to be considered for authorisation.
Failure to comply with the requirements of this Notice may result in various legal consequences. Under the HVNL, breaches can lead to enforcement actions, fines, and other penalties. Although the Notice itself does not specify maximum penalties, the HVNL provides for a range of sanctions, including financial penalties and potential disqualification of vehicle operators. Compliance with the conditions set out in the Notice is crucial to avoid such legal repercussions.