National Class 3 Drought Assistance Dimension Exemption Notice 2023 (No.1)

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

Legislation au C2023G01093 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Class 3 Drought Assistance Dimension Exemption Notice 2023 (No.1)

 

  1. Purpose

This notice exempts eligible vehicles from complying with certain dimension requirements when transporting specified commodities for consumption by livestock in declared drought affected areas.

Notes: This notice allows an eligible vehicle to have the same road access that it would have were it not for excess width and height caused by carrying specified commodities to drought affected areas in participating areas.

This notice operates in conjunction with the National Class 3 Drought Relief Dimension Exemption Operators Guide that is maintained and published by the National Heavy Vehicle Regulator. The Guide contains important specified information under this Notice, such as network references and commodity types.

2.      Authorising Provision

This notice is made under Section 117 of the Heavy Vehicle National Law (HVNL).

3.      Commencement

This notice commences on 20 September 2023.

4.      Expiry

This notice expires 19 September 2028.

5.      Title

This notice may be cited as the National Class 3 Drought Assistance Dimension Exemption Notice 2023 (No.1).

6.      Definitions

(1)   Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL.

(2)   In this Notice

Current Notice means a heavy vehicle authorisation made by Gazette notice under the Heavy Vehicle National Law, and that is current at a relevant time.

 

Drought affected area means an area declared as drought affected or drought declared, or similar, under a law of the relevant participating jurisdiction.

Eligible vehicle means a heavy vehicle or heavy vehicle combination to which section 7, 8 and 9 apply.

General access means access to all roads, subject to the operation of the Heavy Vehicle National law and the road rules of the relevant participating jurisdiction.

National Class 3 Drought Relief Dimension Exemption Operators Guide (the Guide) means the document of that name published by the NHVR to operate in conjunction with this Notice.

Participating jurisdiction means the Australian Capital Territory, Queensland, New South Wales, South Australia, Tasmania and Victoria.

Participating Road Manager means a road manager listed in the Participating Road Manager section of the Guide.

Specified Commodity means a commodity specified as such in the Guide.

7.      Application –  Vehicles

(1)   This Notice applies to a heavy vehicle or a heavy vehicle combination vehicle that is:

a)      a heavy rigid vehicle up to 12.5m in length; or

b)      a prime mover and semi-trailer combination up to 19m in length; or

c)      a prime mover and low loader combination up to 19m in length; or

d)      a B-Double; or

e)      a Road Train.

(2)   Further vehicles and vehicle conditions and restrictions specific participating jurisdictions may be found in the Schedules.

8.      Application – Specified Commodities

This Notice applies to an eligible vehicle that is being used to transport a Specified Commodity.

9.      Application – Drought affected area

This notice applies to a vehicle transporting a specified commodity to a drought affected area.

10.  Application – Participating Road Managers

(1)   This notice applies to road networks managed by Road Managers Participating Road Managers as specified in the Guide.

(2)   The road networks accessible under this notice in Participating Road Manager areas are specified in s13 and 14, and in the Schedules of relevant jurisdictions.

(3)   Conditions for operation under this Notice may also be specified by the Participating Road Manager in the Guide.

11.  Exemptions – Dimension

(1)   An eligible vehicle that meets the conditions of this notice is exempt from the following dimension requirements in Part 2 of Schedule 6 to the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation):

a)      Section 7 – Width

b)      Section 8 – Height

c)      Section 13 – Side projection

Note: the exemption in section 11(1)(c) only applies to side projection

(2)   An exemption in this section only applies to the extent that a conditional dimension is provided in section 12.

12.  Conditions – Dimension

(1)   An  eligible vehicle must not exceed either of the following dimensions:

a)      2.83m in width; and/or

b)      4.6m in height.

(2)    In addition to the requirements in 12(1), the load on an eligible vehicle must not project more than 165mm from the outmost part of either side of the vehicle.

13.  Condition - Stated areas and routes (General Access Vehicles)

(1)   The following vehicles and combinations that comply with all conditions of this notice have general access under this Notice:

a)      Heavy rigid vehicles up to 12.5m in length; and

b)      Prime mover and semi-trailer combinations up to 19m in length; and

c)      Prime mover and low loader combinations up to 19m in length.

14.  Conditions - Stated areas and routes (B-Doubles and Road Trains)

(1)   This section applies to B-Doubles and Road Trains that qualify for access under a current notice.

Example: In Queensland, a current notice for a Road Train is the the National Class 2 Road Train Authorisation Notice, providing that the Road Train in question meets all of the requirements of that Notice.

(2)   An eligible Road Train or a B-Double that has access under a current Notice may access the networks available under that Notice.


(3)   As well as complying with the requirements of this Notice, an eligible vehicle must comply with all of the conditions of the current Notice, except for:

a)      Height and width: eligible vehicles may use the conditional height and width limits specified in s 12; and

b)      Applied conditions from Schedule 8 of the MDL Regulation: eligible vehicles must always comply with the requirements in s15; and

c)      Any special conditions set out in the Schedule of a participating jurisdiction.

 

15.  Conditions – Application of Schedule 8 of the MDL Regulation

(1)   An eligible vehicle operating under this notice that is over 2.6m in width must comply with the requirements of the following sections of Schedule 8 of the MDL Regulation:

a)      Section 2 - Warning Signs and Flags

b)      Section 3 - Warning lights and delineators if load projecting from vehicle

c)      Section 6 - Headlights

d)      Section 8 - No travelling in low visibility

e)      Section 9 - Minimum following distance

f)       Section 11 - Assessing routes

 

David Hourigan

Chief Safety and Productivity

National Heavy Vehicle Regulator


Schedule 1 Australian Capital Territory

  1. Application - General

(1)    This schedule applies to eligible vehicles operating under this notice in the Australian Capital Territory.

(2)    This schedule applies to eligible vehicles operating in the Australian Capital Territory even if part of the journey includes routes and areas in another state or territory.

2.      Application – Vehicles

There are no additional eligible vehicles.

 


Schedule 2 New South Wales

  1. Application – General

(1)    This schedule applies to eligible vehicles operating under this notice in New South Wales

(2)    This schedule applies to eligible vehicles operating in the New South Wales even if part of the journey includes routes and areas in another state or territory.

2.      Application – Vehicles

There are no additional eligible vehicles.

Note: Drought assistance access is also available in New South Wales under the New South Wales Class 3 Drought Assistance Dimension Exemption Notice 2023.


Schedule 3 Queensland

  1. Application - General

(1)    This schedule applies to eligible vehicles operating under this notice in Queensland.

(2)    This schedule applies to eligible vehicles operating in the Queensland even if part of the journey includes routes and areas in another state or territory.

2.      Application – Vehicles (Truck and Dog Combinations)

In addition to the vehicles specified in s7 of the notice, truck and dog combinations may have access under this schedule.

3.      Condition - Stated areas and routes (General Access Truck and Dog Combinations)

Eligible vehicles set out in section 2 of this schedule up to 19m in length have general access.

4.      Conditions - Stated areas and routes (Restricted Access Truck and Dog Combinations)

(1)   Eligible vehicles set out in section 2 of this schedule that are longer than 19m in length must qualify for access under a current notice.

Example: In Queensland, a current notice for a truck and Dog Trailer might be the National Class 2 PBS Level 1 & 2A Truck And Dog Trailer Authorisation Notice, providing that the combination in question meets all of the requirements of that Notice.

(2)   An eligible truck and dog combination that has access under a current notice may access the networks available under that notice.

(3)   As well as complying with the requirements of this notice, an eligible vehicle must comply with all of the conditions of the current notice, except for:

a)      Height and width: eligible vehicles may use the conditional height and width limits specified in s 12; and

b)      Applied conditions from schedule 8 of the MDL Regulation: eligible vehicles must always comply with the requirements in s15; and

c)      Any special conditions set out in the Schedule of a participating jurisdiction.


Schedule 4 South Australia

  1. Application - General

(1)   This schedule applies to eligible vehicles operating under this notice in South Australia.

(2)   This schedule applies to eligible vehicles operating in South Australia even if part of the journey includes routes and areas in another state or territory.

2.      Application – Vehicles

No additional eligible vehicles or conditions other than in the notice.


Schedule 5 Tasmania

  1. Application - General

(1)   This schedule applies to eligible vehicles operating under this notice in Tasmania

(2)   This schedule applies to eligible vehicles operating in Tasmania even if part of the journey includes routes and areas in another state or territory.

2.      Application – Vehicles

No additional eligible vehicles or conditions other than in the notice.

3. Conditions (stated areas or routes)

(1)   An eligible vehicle must not travel on –

a)      The Tasman Bridge on Tasman Highway if the vehicle is higher than 4.3m;

b)      The Bridgewater Bridge on Midland Highway if the vehicle is higher than 4.3m or wider than 2.5m;

c)      Any road where there is insufficient height clearance for the vehicle to pass without striking or damaging any road infrastructure.

Note-  The driver of an eligible vehicle that is higher than 4.3m must assess the suitability of a road prior to operating the vehicle on that road.  One source of information which maybe used is The Height Clearance Under Overhead Structures Map which is maintained by the Tasmanian Department of State Growth and is published on its website.

Schedule 6 Victoria

  1. Application - General

(1)   This schedule applies to eligible vehicles operating under this notice in Victoria.

(2)   This schedule applies to eligible vehicles operating in Victoria even if part of the journey includes routes and areas in another state or territory.

2.      Application – Vehicles

No additional eligible vehicles or conditions other than in the notice.

 

Overview

The Heavy Vehicle National Law (HVNL) was enacted to provide a uniform national scheme for the regulation of heavy vehicles, with the aim of improving safety, efficiency, and productivity in the industry. The National Class 3 Drought Assistance Dimension Exemption Notice 2023 (No.1) was introduced to address the problem of restricted road access for vehicles transporting essential commodities to drought-affected areas. This notice allows eligible vehicles to temporarily bypass certain dimension restrictions, facilitating the delivery of vital supplies to livestock in areas experiencing drought conditions. The notice is made under Section 117 of the HVNL and is overseen by the National Heavy Vehicle Regulator. It aims to ensure that drought-affected regions receive the necessary resources without being unduly hampered by dimensional regulations. The notice is effective from 20 September 2023 and will expire on 19 September 2028, providing a time-limited solution to a recurring issue in the agricultural sector.

Scope and Application

The National Class 3 Drought Assistance Dimension Exemption Notice 2023 (No.1) aims to provide relief to heavy vehicles transporting specified commodities for livestock consumption in drought-affected areas. This Notice, made under Section 117 of the Heavy Vehicle National Law (HVNL), applies to heavy vehicles or combinations such as heavy rigid vehicles up to 12.5m in length, prime mover and semi-trailer combinations up to 19m in length, prime mover and low loader combinations up to 19m in length, B-Doubles, and Road Trains. These vehicles must transport specified commodities to drought-affected areas in participating jurisdictions, namely the Australian Capital Territory, New South Wales, Queensland, South Australia, Tasmania, and Victoria. The Notice exempts these vehicles from certain dimension requirements, such as width, height, and side projection, provided they adhere to specific conditions. The exemption applies to road networks managed by participating road managers as outlined in the National Class 3 Drought Relief Dimension Exemption Operators Guide, which is maintained by the National Heavy Vehicle Regulator. Certain exclusions and conditions apply, such as height and width restrictions and additional requirements for vehicles over 2.6m in width. The Notice commences on 20 September 2023 and expires on 19 September 2028, and it operates in conjunction with state-specific schedules that may impose additional conditions or restrictions.

Key Provisions

The National Class 3 Drought Assistance Dimension Exemption Notice 2023 (No. 1) (Notice) provides exemptions from certain dimension requirements for eligible vehicles transporting specified commodities to drought-affected areas. Under Section 7, the Notice applies to a range of heavy vehicles, including heavy rigid vehicles up to 12.5m in length, prime mover and semi-trailer combinations up to 19m in length, prime mover and low loader combinations up to 19m in length, B-Doubles, and Road Trains. Section 8 clarifies that the Notice applies to these eligible vehicles when they are being used to transport a specified commodity. Section 9 applies the Notice to vehicles transporting specified commodities to drought-affected areas. Eligible vehicles must not exceed 2.83m in width and 4.6m in height, and their load must not project more than 165mm from the outmost part of either side of the vehicle, as set out in Section 12. The Notice imposes various obligations on the parties it governs. For instance, eligible vehicles must comply with the dimensional limits specified in Section 12 and any additional conditions set out in the National Class 3 Drought Relief Dimension Exemption Operators Guide, such as the requirement to display warning signs and flags, warning lights and delineators, headlights, and so on. Furthermore, eligible vehicles must adhere to the conditions specified in the Schedules of participating jurisdictions, such as not travelling on certain bridges if they are too high or wide. The Notice also requires eligible vehicles to assess the suitability of roads prior to operating on them if they are higher than 4.3m. Breaching the conditions of the Notice may result in civil or criminal penalties. For instance, Section 15 of the MDL Regulation imposes penalties for breaches such as failure to display warning signs and flags, failure to comply with warning lights and delineators, and failure to comply with minimum following distance requirements. The maximum penalty for each of these offences is a fine of up to $1,650 for an individual and up to $8,250 for a body corporate. Additionally, drivers who fail to assess the suitability of roads prior to operating on them may be liable for damages caused by striking or damaging any road infrastructure. The Notice also provides for the cancellation or suspension of heavy vehicle authorisations for serious breaches.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.