National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) 2014 (No. 1) Amendment Notice (No. 1)

Overview

The Heavy Vehicle National Law National Class 2 4.6m High Livestock Carrier Authorisation (Notice) 2014 (No. 1) Amendment Notice (No. 1) was enacted in 2014 to address a gap in the existing regulatory framework concerning the categories of vehicles allowed under the National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation in Victoria. This legislation was introduced by the Australian Government through the National Heavy Vehicle Regulator, as per the authorising provision under Section 173 of the Heavy Vehicle National Law. The policy objective of this amendment is to ensure that the authorisation aligns with current transportation needs and regulatory standards in Victoria. This notice was published in the Commonwealth Gazette and came into effect on 28 days after its publication, remaining in force until 9 February 2019.

Scope and Application

This Amendment Notice pertains to the amendment of Schedule 5 of the National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) 2014 (No. 1) in Victoria. It is designed to update the categories of vehicles that the Notice applies to within that state. The Notice operates under Section 173 of the Heavy Vehicle National Law, which underscores its authority and regulatory scope. This Amendment Notice is effective from 28 days after its publication in the Commonwealth Gazette and remains in force until 9 February 2019. It applies specifically to the State of Victoria, thereby targeting entities and individuals operating within this jurisdiction. The Notice modifies the Primary Notice by omitting certain clauses and updating others to reflect current legislative requirements and route access information, which can be found in the updated Appendix 1 referencing VicRoads' website. This Notice does not explicitly state any exclusions or exemptions, but its amendments focus on enhancing the regulatory framework for specific heavy vehicles in Victoria.

Key Provisions

The primary operative sections of this Notice amend Schedule 5 of the National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) 2014 (No. 1) for Victoria, specifically altering the categories of vehicles it applies to. The Notice also replaces certain clauses with new text and updates Appendix 1 with a reference to the Victorian Class 2 B-double Route Access Lists on the VicRoads website (section 6). The Notice operates for a defined period, commencing 28 days after its publication in the Commonwealth Gazette and remaining in effect until 9 February 2019 (section 4). This Notice imposes obligations on parties and entities governed by the Heavy Vehicle National Law, particularly in relation to the authorisation of certain vehicles in Victoria. The updated Schedule 5 now explicitly details which vehicles are covered, providing a clear framework for compliance. Additionally, by directing to the VicRoads website for further information, the Notice ensures that stakeholders have access to the most current route access lists, thereby facilitating adherence to the law. In terms of enforcement, breaches of the Heavy Vehicle National Law can lead to both civil and criminal consequences. The specific offences, penalties, or consequences for non-compliance with this Notice are not detailed within the Notice itself, but they are likely to align with the provisions of the Heavy Vehicle National Law. Under this overarching legislation, penalties for breaches can include substantial fines and potential imprisonment, with maximum penalties varying according to the severity of the offence. The exact penalties would be determined by the courts based on the specifics of the case and the relevant provisions of the Heavy Vehicle National Law.