National Class 2 Performance Based Standards (High Productivity) Authorisation Notice 2021 (No.1)

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Legislation au C2021G00863 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Class 2 Performance Based Standards (High Productivity) Authorisation Notice 2021 (No.1)

 

  1. Purpose

 

This Notice authorises access to specified networks by eligible Performance Based Standards (PBS) vehicles that hold a PBS vehicle approval, and that comply with the other conditions of this Notice and its Schedules. Authorised access to the areas and routes specified in this Notice is limited by conditions including PBS tier ratings or template vehicle requirements. A vehicle will need to comply with both its own PBS vehicle approval and the conditions of this Notice to access a given area or route.

 

Note: This Notice operates in conjunction with the National Class 2 Performance Based Standards (High Productivity) Operators Guide (the Guide).

 

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 Notice may be cited as the National Class 2 Performance Based Standards (High Productivity) Authorisation Notice 2021 (No.1).

 

4.       Commencement date

 

This Notice commences on 15 November 2021

 

5.       Expiry date

 

This Notice expires on 14 November 2026.

 

6.       Definitions

 

1)      Unless otherwise stated, words and expressions used in this Notice have the same meaning as in the HVNL.

 

2)      In this Notice:

 

National Class 2 Performance Based Vehicle (High Productivity) Operators Guide (the Guide) means the document of that name maintained and published by the National Heavy Vehicle Regulator, as amended from time to time.

Note: The Guide may be found on the NHVR website.

 

PBS network means a PBS network with the following specified characteristics:

a)      Level – as per Vehicle performance level under the Standards and Vehicle Assessment Rules; and

b)      Class – as per Network Access by vehicle length class under the PBS Scheme-Network Classification Guidelines.

In this Notice, the level and class of a network may be specified by interpolating these values into the PBS network name. For example, a PBS Network that is level 2 and class A may be identified as PBS 2A network, or a PBS level 2A network.

 

PBS Scheme - Network Classification Guidelines means the document of that name published by the National Transport Commission, as amended from time to time.

 

PBS Scheme - The Standards and Vehicle Assessment Rules means the document of that name published by the National Transport Commission, as amended from time to time.

 

template vehicle means a generic vehicle specified by a set of parameters including mass, dimensions, axle spacing, configuration, or other vehicle characteristics. A template vehicle may be described by way of a diagram, drawing, list, model, or any combination of those things.

 

Template vehicles are used in this Notice to match specific vehicle configurations with access to specific routes or areas.  A network, either in network provision of this Notice or as a condition on the network itself, may specify compliance with a given template vehicle or vehicles.

 

Note: For example, a template vehicle may by way of a diagram prescribe a vehicle’s maximum length and height, the number and spacings of axles, and the number of units that compose the combination. A specific network may then apply that template vehicle either directly from a Schedule to this Notice, or as a vehicle condition maintained on the network map itself.

 

 


7.       Application

 

1)      This Notice applies to a PBS vehicle with a PBS vehicle approval issued under section 23 of Part 1.4 of the HVNL.

 

2)      This Notice applies to a PBS vehicle in participating jurisdictions subject to the conditions provided in the Schedule of this Notice relevant to that jurisdiction.

 

3)      A PBS vehicle to which this section applies is an eligible vehicle.

 

8.       Authorisation

 

Subject to the conditions in this Notice, an eligible vehicle is authorised to operate on the areas and routes specified in section 10.

 

9.       Condition – Compliance with PBS vehicle approval

 

1)      An eligible vehicle must comply with the requirements and conditions of the PBS vehicle approval issued to it.

 

2)      If another condition of this Notice, or a condition of access to a network under this Notice, makes a requirement that is more restrictive than the vehicle’s PBS vehicle approval then the more restrictive condition must be complied with.

 

10.   Conditions – Areas and routes

 

1)      For the purposes of section 142(1)(b) of the HVNL, an area our route specified in a Schedule of this Notice is a stated area or route to which this authorisation Notice applies.

 

2)      An eligible vehicle operating on an area or route specified in this Notice or its Schedules must comply with the following conditions as specified for those routes and areas:

 

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.

 

11.   Conditions – Template vehicle requirements

 

1)      If access to an area or route for an eligible vehicle is conditioned by the requirement to comply with a template vehicle, the eligible vehicle must comply with parameters indicated by the template including, but not limited to, those regarding:

 

a)      number and type of units in a combination; or

b)      mass, length, height, or width; or

c)       axle configuration, axle spacing or axle mass limits; or

d)      draw bar length, overhang, or ground clearance.

 

2)      Distances for the purpose of axle spacings, or relating to axle groups, are measured from the centres of relevant axles.

Note: To be clear, not every network will require compliance with a template vehicle, and not every template vehicle will specify all parameters set out in this section. If a template vehicle exists for a network, then the template vehicle parameters must be complied with.

12.   Conditions – Intelligent access program conditions (IAP conditions)

 

1)      This section only applies in jurisdictions that have an intelligent access program condition in the relevant Schedule.

 

2)      Pursuant to s402(a) and (b) of Chapter 7 of the HVNL, the following conditions of this Notice are intelligent access program conditions:

 

a)      any condition relating to mass or dimensions; and

b)      any condition relating to stated areas or routes to which the authority applies, including any relating to speed or time of travel.

 

3)      Pursuant to s402(c) of Chapter 7 of the HVNL, an eligible vehicle must be monitored by an approved intelligent transport system as set out in the intelligent access program conditions of a Schedule to this Notice.

 

Peter Caprioli

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator

 

 

 

 

 

 


Schedule 1 Victoria

 

  1. Application

 

This Schedule applies in Victoria.

 

2.       Definitions

 

1)      In this Schedule:

Quad-Quad B-double means a B-double with quad axle groups on both trailers.

Quad Semi-trailer means a combination consisting of a prime mover and semitrailer fitted with a quad axle group

 

Quad Tri B-double means a B-doubles with a quad axle group on the first trailer and a tri-axle group on the rear trailer.

 

2)      The following terms are used to certain identify networks in section 3, and to prescribe which eligible vehicles may operate on those networks:

 

a Mass – General Freight network means one on which an eligible vehicle carrying goods, excluding one that qualifies as a volumetrically loaded vehicle may operate.

 

a Mass – Volumetric network means one on which an eligible vehicle consisting of a towing unit and one or more trailers that are purpose-built tankers designed to carry liquids or gases in bulk. It does not mean vehicles with loads consisting of gases or liquids contained in separate vessels such as bottles, cylinders, or tanks may operate.

 

Example: A semi-trailer carrying LNG in a single tank that is integral to the trailer is a volumetric vehicle, while a semi-trailer carrying LNG in separately loaded cylinders is not.


3.       Conditions: Stated Areas and Routes (Networks)

 

1)      Pursuant to the authorisation granted in sections 8 of this Notice an eligible vehicle may operate on a network named in Column 2 of Table 1, on condition that it has a PBS Approval that meets the requirements for the PBS network listed in Column 1 and does not exceed the maximum length and mass requirements in column 3 and 4.

 

Table 1: Victorian networks

Column 1

PBS Network

Column 2

Network

Column 3

Maximum Length (m)

Column 4

Maximum Total Mass (t)

Level

Class

(Length)

na

na

PBS Quad Semi-trailer

20

50.5

2

A

PBS Level 2A Cubic

26

68.5

2

A

PBS Level 2A Mass - Volumetric

26

74.5

2

B

PBS Level 2B Cubic

30

68.5

2

B

PBS Level 2B Mass Quad-Tri & Quad-Quad B-Double

Quad-tri

30

73.0

Quad-quad

77.5

2

B

PBS Level 2B Mass General Freight

30

85.5

2

B

PBS Level 2B Mass - Volumetric

30

85.5

3

A

PBS Level 3A

36.5

85.5

 

Note: The networks named in Column 2 of Table 1 are published and maintained by the Victorian Department of Transport and are available on its website.

 

PBS Quad semi-trailers are PBS Level 1 vehicles with regard to safety and geometry, but access is determined by the mass of the combination and not by network level or class.

 

The PBS 2A and 2B Cubic networks are ones are designed to accommodate longer vehicles that, because of the low-mass and high-volume nature of their loads do not reach a total mass of more than 68.5t.

2)      In addition to complying with the requirements in Table 1, an eligible vehicle operating on a network under this section must comply with the dimension limitations and other requirements of a template vehicle specified as a condition of that network.

Note: More than one template vehicle may be provided for a single network, in which case compliance with only one template is required.

3)      The networks named in Column 2 of Table 1 are routes and areas under this authorisation Notice for the purposes of sections 8 and 10.

 

4)      In this section total mass means the mass of the eligible vehicle including its load.

 

 


4.       Conditions – vehicle conditions

 

1)      An eligible vehicle must have:

 

a)      an antilock braking system (ABS) that complies with ADR38/01 on all axles, excluding those on convertor dollies; and

b)      certified road friendly suspension.

 

2)      An eligible vehicle that contains a prime-mover manufactured after 2007 must the meet the ADR80/02 emissions control standard.

 

5.       Conditions - Intelligent access program conditions (Victoria)

 

1)      Pursuant to section 12 of this Notice, an eligible vehicle operating on a network under this Schedule that is a:

 

a)      vehicle with total mass greater than 68.5t; or

b)      a quad semi-trailer exceeding 46t gross combination mass

 

must be enrolled in and comply with one or both of the following approved intelligent transport systems, approved by Transport Certification Australia (TCA):

 

On Board Mass Management Category B (OBM B); or

On Board Mass Management Category C (OBM C)

 

2)      Pursuant to section 12 of this Notice, an eligible vehicle operating on a network under this Schedule must be enrolled in and comply with one or both of the following approved intelligent transport systems, approved by Transport Certification Australia (TCA):

 

Intelligent Access Program (IAP), or

Telematics Monitoring Application (TMA)

 

3)      Any approved intelligent transport system required under this section must be functioning while operating under this Notice.

 

6.       Condition – Crossing railways and tramways

 

If an eligible vehicle is either longer than 26m before attempting to cross a railway or tramway track the driver or operator of the vehicle must first obtain permission from the Transport Compliance Unit of the Department of Transport’s Over Dimensional Load Team.

Note: The Transport Compliance Unit is a unit of the Victorian Department of Transport’s Over Dimensional Load Team. Contact details for this unit are available In the Guide.

Overview

The National Class 2 Performance Based Standards (High Productivity) Authorisation Notice 2021 (No.1) was enacted to provide a framework for the authorisation of eligible Performance Based Standards (PBS) vehicles to access specified networks, thereby facilitating efficient heavy vehicle operations while ensuring safety and compliance with regulatory standards. This Notice operates under section 138 of the Heavy Vehicle National Law (HVNL), which grants the Regulator the power to authorise the use of class 2 heavy vehicles. Authorised access to the specified areas and routes is contingent upon vehicles meeting the stringent conditions outlined in this Notice and its Schedules, including compliance with PBS tier ratings and template vehicle requirements. The Notice aims to harmonise heavy vehicle regulations across participating jurisdictions, ensuring that vehicles meet the necessary performance standards and conditions to access particular routes and areas. This Notice is issued by the National Heavy Vehicle Regulator and is designed to work in conjunction with the National Class 2 Performance Based Vehicle (High Productivity) Operators Guide. It specifies that eligible vehicles must comply with their PBS vehicle approval and adhere to conditions such as road, travel, and vehicle conditions, as well as any template vehicle requirements or intelligent access program conditions applicable to the network. The Notice also mandates that vehicles must be monitored by an approved intelligent transport system if they are subject to such conditions. The Notice is applicable in participating jurisdictions and is subject to specific conditions and requirements detailed in the Schedules relevant to each jurisdiction.

Scope and Application

The Heavy Vehicle National Law National Class 2 Performance Based Standards (High Productivity) Authorisation Notice 2021 (No. 1) applies to Performance Based Standards (PBS) vehicles that have been approved under section 23 of Part 1.4 of the Heavy Vehicle National Law (HVNL) and are operating in participating jurisdictions. Eligible vehicles, which are PBS vehicles with such approvals, are authorised to operate on specified areas and routes outlined in this Notice, subject to compliance with all relevant conditions. This Notice operates in conjunction with the National Class 2 Performance Based Standards (High Productivity) Operators Guide maintained by the National Heavy Vehicle Regulator. The Notice applies to vehicles operating within the Commonwealth of Australia, specifically in jurisdictions that have adopted the Notice, as detailed in the Schedule relevant to each jurisdiction. The Notice includes provisions for compliance with PBS vehicle approvals, adherence to road, travel, and vehicle conditions, and specific template vehicle requirements for certain routes or areas. Additionally, in jurisdictions with an intelligent access program, vehicles must comply with intelligent access program conditions and be monitored by an approved intelligent transport system. The Notice specifies exclusions and thresholds, such as mass and dimensional limits, and conditions for crossing railways and tramways, which are further detailed in the jurisdictional schedules.

Key Provisions

The National Class 2 Performance Based Standards (High Productivity) Authorisation Notice 2021 (No.1) provides the legal framework for authorising access to specified networks by eligible Performance Based Standards (PBS) vehicles that hold a PBS vehicle approval and comply with the conditions outlined in the Notice and its Schedules. Vehicles are required to comply with both their PBS vehicle approval and the specific conditions of this Notice to access designated areas and routes (sections 7, 8, 9, 10, 11, and 12). The Notice imposes obligations on the parties or entities it governs. Eligible vehicles must comply with their PBS vehicle approval, which includes adhering to any more restrictive conditions specified in this Notice or access conditions of the network (section 9). Furthermore, vehicles must comply with road, travel, and vehicle conditions as stipulated under sections 160, 161, and 162 of the Heavy Vehicle National Law (HVNL) respectively (section 10). If a network requires compliance with a template vehicle, the vehicle must adhere to the specified parameters, such as mass, dimensions, axle configuration, and other vehicle characteristics (section 11). For networks in jurisdictions with an intelligent access program, vehicles must be monitored by an approved intelligent transport system as outlined in the relevant Schedule (section 12). Failure to comply with the conditions set out in the Notice may result in various penalties and consequences. The Notice does not explicitly state the penalties for breaches, but non-compliance with the conditions for access to specific networks could potentially lead to enforcement actions under the HVNL, which might include fines, suspension, or revocation of the vehicle’s PBS approval. Additionally, vehicles that do not comply with the requirements for crossing railways or tramways, such as obtaining permission from the Transport Compliance Unit, could face penalties or be barred from accessing those routes. It is important for operators to ensure strict adherence to all specified conditions to avoid any legal repercussions.

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