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

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2014G00224 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

 

NATIONAL CLASS 2 HEAVY VEHICLE 4.6m HIGH LIVESTOCK CARRIER AUTHORISATION (NOTICE) 2014 (No. 1)

 

Purpose

 

  1. The purpose of this notice is to authorise the use of Livestock Carriers from 4.3 to 4.6 metres in height in stated areas or stated routes, during stated hours of stated days and to state the conditions under which these Livestock Carriers may be used.

 

Note – The Heavy Vehicle National Law provides that Livestock Carriers (as defined in this notice) are class 2 vehicles if the vehicle’s height exceeds 4.3 metres but does not exceed 4.6 metres.  That means that these heavy vehicles are restricted access vehicles and the operator requires an authorisation from the National Heavy Vehicle Regulator before the vehicle may be used on public roads.  This instrument is an authorisation that declares the routes on which Livestock Carriers may be used, subject to compliance with certain conditions.  This instrument does NOT exempt the Livestock Carrier from requirements of the Heavy Vehicle National Law including, but not limited to, mass and dimension requirements.  

 

Authorising Provision

 

2.                   This notice is made under section 138 of the Heavy Vehicle National Law as in force in each participating jurisdiction (HVNL) and section 69(1)(b) of the Heavy Vehicle (General) National Regulation.


Title

 

3.                   This notice may be cited as the National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) 2014 (No. 1).
 

Commencement

 

4.                   This notice commences on 10 February 2014.

 

Expiry

 

5.                   This notice expires on 9 February 2019.

 

Definition

 

6.                   Unless otherwise stated, words and expressions used in this notice have the same meanings as in the HVNL or regulations made under the HVNL.

 

7.                   In this notice—

 

‘Livestock Carrier’  means a heavy vehicle that is a heavy vehicle or combination that is higher than 4.3m but not higher than 4.6m and is built to carry cattle, sheep, pigs or horses.

 

Notes – Section 136(a)(ii)(E) of the HVNL provides that a motor vehicle or combination that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses is a class 2 heavy vehicle if it complies with prescribed mass or dimension requirements.

 

Section 8(a) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation provides that the height limit for such a vehicle must not be higher than 4.6m.  A Livestock Carrier must also comply with the length and other dimension requirements in Schedule 6 of that National Regulation.

 

See Schedule 3 of this Notice for modifications excluding the application of this notice to rigid vehicles, and Schedule 3 and 5 in relation to various categories of animals
 

‘Livestock’ when referring to a load, means cattle, sheep, pigs, horses, goats or other livestock.

‘Stated areas or routes’ means the stated areas or routes set out in the Schedules.

‘Stated hours of stated days’ means the stated hours of stated days set out in the Schedules.
 

Application

 

8.                   This notice applies to a Livestock Carrier.
 

9.                   This notice applies in all participating jurisdictions other than the Australian Capital Territory.

 

Conditions
 

10.               The driver and operator of the Livestock Carrier must comply with all conditions set out in the Schedule for a participating jurisdiction when the vehicle is being used in the jurisdiction to which that Schedule applies.

 

Note—Nothing in this notice exempts the driver or operator of the Livestock Carrier from complying with legislation regulating the use of heavy vehicles, including but not limited to:

(a)     compliance with mass and dimension requirements in the HVNL;

(b)    compliance with official traffic signs, including those indicating mass limits or dimension limits;

(c)     compliance with vehicle standards in the HVNL; and

(d)    compliance with lawful directions of authorised officers.

 

 

Declaration

 

I, Richard Hancock, delegate of the National Heavy Vehicle Regulator authorise the use of Livestock Carriers in the stated areas or routes during the stated hours of stated days and subject to the conditions set out in this notice.

 

Dated: 5 February 2014

Richard Hancock

Chief Executive Officer

National Heavy Vehicle Regulator

SCHEDULE 1 – NEW SOUTH WALES

 

Stated areas or routes

 

  1. A Livestock Carrier that is a motor vehicle, or a combination consisting of a prime mover and semitrailer, may use the areas or routes set out in Appendix 1 to this Schedule.
  2. A Livestock Carrier that is used in a B-double combination may only use a route described in clause 1 if the route is also approved in the National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 1).

 

Note: This means the route must be approved for use by both 4.6m high vehicles and B-doubles.

3.       A Livestock Carrier that is used in a road train combination may only use a route described in clause 1 if the route is also approved in the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2014 (No. 1).

 

Note: This means the route must be approved for use by both 4.6m high vehicles and road trains.

 

Stated hours of stated days

4.       Except as specified in clauses 5 and 6, a Livestock Carrier may use the stated areas or routes at any time of the day.

5.       A Livestock Carrier that is authorised to use the areas or routes in the National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 1) must do so in accordance with any restrictions on the hours and days of operation specified in this notice.

6.       A Livestock Carrier that is authorised to use the areas or routes in the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2014 (No. 1) must do so in accordance with any restrictions on the hours and days of operation specified in this notice.

 

Conditions

7.       A Livestock Carrier must comply with the conditions specified for each area or route in the condition column in Appendix 1 to this Schedule.

8.       A Livestock Carrier that is used in a B-double combination must comply with any relevant conditions set out in the National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 1).

9.       A Livestock Carrier that is used in a road train combination must comply with any relevant conditions set out in the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2014 (No. 1). 

10.   Livestock must not be carried in an upper deck of a multi-deck livestock carrier unless any lower deck of the livestock carrier is fully laden.

 

 

Appendix 1

4.6 Metre High Vehicle Notice 2013 (NSW)

http://www.nsw.gov.au/sites/default/files/Government-Gazette-21-December-2012_WEB_v01.pdf

 


SCHEDULE 2 – QUEENSLAND

 

Stated areas or routes

 

  1. A Livestock Carrier that is a motor vehicle or a combination use all roads in Queensland except where there is insufficient height clearance for the combination to pass without striking or damaging any road infrastructure.

 

Note: The driver of the Livestock Carrier must assess the suitability of a road prior to operating the vehicle on that road. The roads used must be continually monitored to ensure sufficient clearance for the vehicle exists.

 

2.       A Livestock Carrier that is used in a B-double combination may only use a route described in clause 1 if the route is also approved in the National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 1) (the B-double notice).

Note: This means the route must be approved for use by both 4.6m high semitrailers and B-doubles.

 

3.       A Livestock Carrier that is used in a road train combination may only use a route described in clause 1 if the route is also approved in the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2014 (No. 1) (the road train notice).

 

Note: This means the route must be approved for use by both 4.6m high vehicles and road trains.

 

Stated hours of stated days

 

4.       Except as specified in clauses 5 and 6, a Livestock Carrier may use the stated areas or routes at any time of the day.

5.       A Livestock Carrier that is authorised to use the areas or routes in the B-Double notice must do so in accordance with any restrictions on the hours and days of operation specified in the B-Double notice.

6.       A Livestock Carrier that is authorised to use the areas or routes in the road train notice must do so in accordance with any restrictions on the hours and days of operation specified in the road train notice.

 

Conditions

7.       A Livestock Carrier that is used in a B-double combination must comply with any relevant conditions set out in the B-double notice.

8.       A Livestock Carrier that is used in a road train combination must comply with any relevant conditions set out in the road train notice.

 

 


SCHEDULE 3 – SOUTH AUSTRALIA

 

Stated areas or routes

 

  1. A Livestock Carrier that is a combination consisting of a prime mover and semitrailer may use all roads in South Australia provided it complies with conditions 15 and 16 specified below.
  2. A Livestock Carrier that is used in a B-double combination may only use a route approved in the National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 1) (the B-double notice).
  3. A Livestock Carrier that is used in a road train combination may only use a route approved in the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2014 (No. 1) (the road train notice).

 

Stated hours of stated days

 

4.       Subject to clauses 5 and 6, a Livestock Carrier may use the stated areas or routes at any time of the day.

5.       A Livestock Carrier that is authorised to use the areas or routes in the B-Double notice must do so in accordance with any restrictions on the hours and days of operation specified in the B-Double notice.

6.       A Livestock Carrier that is authorised to use the areas or routes in the road train notice must do so in accordance with any restrictions on the hours and days of operation specified in the road train notice.

 

Conditions

 

Conditions applicable to all Livestock Carriers

 

7.       Only livestock consisting of cattle, sheep, pigs and goats can be carried when operating under this schedule.

8.       A rigid motor vehicle is not permitted to operate under this Schedule.

9.       A Livestock Carrier must not operate at the concessional mass limits or the higher mass limits.

10.   Livestock must not be carried in an upper deck of a multi-deck livestock carrier unless all pens on any lower decks are fully loaded except for pens containing loading ramps.

11.   The load must consist solely of livestock.

12.   While transporting livestock, the driver and operator of a Livestock Carrier must comply with the requirements of the Australian Model Code of Practice for the Welfare of Animals and the road transport of livestock.

 

Conditions applicable to a Livestock Carrier used in a B-double or road train combination

 

13.   In addition to complying with the requirements of this Schedule, a Livestock Carrier that is used in a B-double combination must comply with the B-double notice.

14.   In addition to complying with the requirements of this Schedule, a Livestock Carrier that is used in a road train must comply with the road train notice.

 

 

 

 

Conditions applicable to a Livestock Carrier that is a prime mover and semitrailer combination, in relation to clause 1 of this Schedule.

 

15.   Before starting the journey, the driver or operator must;

(a)    contact SA Power Networks (ETSA) about height clearances under power lines along the route.

(b)    contact TELSTRA about height clearances under telecommunication lines along the route.

(c)     obtain a high load clearance from OPTUS for travel within the “Optus Clearance Area” specified in the map titled “Optus Clearance Area – Adelaide Area” set out in Appendix 1 to this Schedule

16.   A copy of the OPTUS clearance or clearance number must be kept in the driver’s possession when operating under this Schedule.

 

Note:  Under section 568 of the HVNL an authorised officer may require the driver of the heavy vehicle to produce for inspection a document that the driver is required to keep in the driver’s possession. This includes a copy of the clearance or clearance number required under this clause.

 

 

Appendix 1

 

Optus Clearance Area – Adelaide Area:

www.sa.gov.au/heavyvehicles


SCHEDULE 4 – TASMANIA

 

Stated areas or routes

 

  1. A Livestock Carrier that is a motor vehicle or a combination consisting of two vehicles  may use all roads in Tasmania, except for—

(a)    Tasman Bridge if the vehicle is more than 4.3m high; and

(b)    Bridgewater Bridge if the vehicle is more than 4.3m high.

 

2.       A Livestock Carrier that is used in a B-double combination may only use a route specified in clause 1 if it is also a route approved in the National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 1) (the B-double notice)

Stated hours of stated days

 

3.       Except as specified in clause 4, a Livestock Carrier may use the stated areas or routes at any time of the day.

4.       A Livestock Carrier that is authorised to use the areas or routes in the B-Double notice must do so in accordance with any restrictions on the hours and days of operation specified in the B-Double notice.

 

Conditions

5.       A Livestock Carrier that is used in a B-double combination must comply with the conditions specified in the B-double notice.

 


SCHEDULE 5 – VICTORIA

 

Stated areas or routes

 

  1. A Livestock Carrier that is a motor vehicle or a combination consisting of a prime mover and semitrailer may use all roads in Victoria.
  2. A Livestock Carrier that is used in a B-double combination may only use a route approved in the Victorian Class 2 B-double Route Access Lists set out in Appendix 1 (the B-double notice).
  3. A Livestock Carrier that is used in a road train combination may only use a route described in clause 1 if the route is also approved in the Victorian Class 2 Road Train Route Access List (the road train notice) set out in Appendix 1.

 

Stated hours of stated days

 

4.       Except as specified in clauses 5 and 6, a Livestock Carrier may use the stated areas or routes at any time of the day.

5.       A Livestock Carrier that is authorised to use the areas or routes in the B-double notice must do so in accordance with any restrictions on the hours and days of operation specified in the B-double notice.

6.       A Livestock Carrier that is authorised to use the areas or routes in the road train notice must do so in accordance with any restrictions on the hours and days of operation specified in the road train notice.

 

Conditions

 

7.       A Livestock Carrier is limited to transporting cattle, pigs, sheep or goats.

 

8.       A Livestock Carrier that is used in a B-double combination must comply with any relevant conditions set out in the B-double notice.

9.       A Livestock Carrier that is used in a road train combination must comply with any relevant conditions set out in the road train notice.

10.   The driver of a Livestock Carrier must keep in the driver’s possession a copy of the information bulletin entitled ‘Height Clearance on Roads’ published by VicRoads.

 

Note:  Under section 568 of the HVNL an authorised officer may require the driver of the heavy vehicle to produce for inspection a document that the driver is required to keep in the driver’s possession. This includes a copy of the information bulletin required under this clause.
 

Appendix 1

 

Victorian Class 2 B-double Route Access Lists

http://www.vicroads.vic.gov.au/Home/Moreinfoandservices/HeavyVehicles/AccessAndRouteInformation/

Victorian Class 2 Road Train Route Access List

http://www.vicroads.vic.gov.au/Home/Moreinfoandservices/HeavyVehicles/AccessAndRouteInformation/

Overview

The Heavy Vehicle National Law (HVNL) National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) 2014 (No. 1) was introduced to address the need for authorising the use of Livestock Carriers with a height between 4.3 to 4.6 metres in designated areas or on specified routes, during stated hours and days, while complying with certain conditions. This notice was enacted to ensure that these vehicles, which are classified as Class 2 heavy vehicles under the HVNL, can be used on public roads by operators who must obtain authorisation from the National Heavy Vehicle Regulator. The notice clarifies that it does not exempt Livestock Carriers from the requirements of the HVNL, including mass and dimension requirements. This notice was made under section 138 of the HVNL and section 69(1)(b) of the Heavy Vehicle (General) National Regulation and applies to all participating jurisdictions except the Australian Capital Territory. The purpose of this notice is to provide clear guidelines for the use of Livestock Carriers, ensuring they adhere to specified conditions and regulations to maintain safety and compliance on public roads.

Scope and Application

This notice applies to Livestock Carriers, which are defined as heavy vehicles that are higher than 4.3 metres but not higher than 4.6 metres and are built to carry cattle, sheep, pigs or horses. The notice authorises the use of these vehicles in specified areas or routes, during stated hours on stated days, subject to compliance with certain conditions. The notice applies in all participating jurisdictions other than the Australian Capital Territory. It is important to note that this notice does not exempt the Livestock Carrier from the requirements of the Heavy Vehicle National Law, including mass and dimension requirements. The notice outlines the specific areas or routes, hours and days, and conditions applicable to Livestock Carriers in each participating jurisdiction. For instance, in New South Wales, Livestock Carriers may use specified areas or routes at any time of the day, except as specified in the notice, and must comply with the conditions specified for each area or route. In South Australia, Livestock Carriers may use all roads provided they comply with certain conditions, and rigid motor vehicles are not permitted to operate under this schedule. The notice also includes provisions for Livestock Carriers used in B-double or road train combinations, which must comply with relevant conditions set out in the B-double or road train notice. The notice is made under section 138 of the Heavy Vehicle National Law as in force in each participating jurisdiction and section 69(1)(b) of the Heavy Vehicle (General) National Regulation. This notice commences on 10 February 2014 and expires on 9 February 2019.

Key Provisions

The National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) 2014 (No. 1) provides authorisation for the use of Livestock Carriers that are between 4.3 and 4.6 metres in height, as defined in section 6 of the notice, on specified routes and during specified times in participating jurisdictions. This authorisation is issued under section 138 of the Heavy Vehicle National Law (HVNL) and section 69(1)(b) of the Heavy Vehicle (General) National Regulation. The notice applies to Livestock Carriers in participating jurisdictions, excluding the Australian Capital Territory, and it specifies the conditions under which these vehicles may be used. The notice imposes several obligations on the parties it governs. Drivers and operators of Livestock Carriers must comply with all conditions set out in the schedules for the participating jurisdiction where the vehicle is being used (section 10). These conditions include specific requirements for different types of Livestock Carriers, such as combinations involving B-doubles or road trains, which must adhere to additional conditions specified in other authorisation notices. For example, Livestock Carriers used in B-double or road train combinations must comply with conditions outlined in the respective authorisation notices for these combinations. Additionally, drivers must ensure that livestock is not carried in an upper deck of a multi-deck livestock carrier unless any lower deck is fully laden. They must also comply with the Australian Model Code of Practice for the Welfare of Animals and the road transport of livestock. Any breach of the conditions outlined in this notice can result in civil or criminal penalties. While the notice itself does not specify penalties, breaches of the Heavy Vehicle National Law and related regulations can lead to significant consequences. For instance, non-compliance with mass and dimension requirements, failure to comply with official traffic signs, or not adhering to vehicle standards can result in penalties as outlined in the HVNL. Additionally, the failure to comply with lawful directions of authorised officers can also result in penalties. The specific penalties can vary based on the nature and severity of the breach, but they can include fines and potential disqualification from driving heavy vehicles. It is important to note that this notice does not exempt Livestock Carriers from the general requirements of the HVNL, including mass and dimension requirements. Therefore, operators must ensure that their vehicles meet all regulatory standards before using them on public roads. Authorised officers have the power to inspect documents and require drivers to produce necessary clearances or permits as needed.

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