National Class 3 Heavy Vehicle 4.6m High by Construction Semitrailer Dimension Exemption (Notice) 2014 (No.1)

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

Legislation au C2014G00235 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

 

NATIONAL CLASS 3 HEAVY VEHICLE 4.6m HIGH BY CONSTRUCTION SEMITRAILER DIMENSION EXEMPTION (NOTICE) 2014 (No. 1)

 

Purpose

  1. The purpose of this notice is to exempt a stated category of class 3 heavy vehicles from the height limit stated in section 8 of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation).

 

Note – The Heavy Vehicle National Law provides that a heavy vehicle is a class 3 heavy vehicle if the vehicle’s height exceeds 4.3 metres and the vehicle is not a double-decker bus, livestock carrier or vehicle carrier.  If the heavy vehicle has a height exceeding 4.3 metres the operator must obtain a mass or dimension exemption from the National Heavy Vehicle Regulator before the vehicle may be used on public roads.  This instrument is an exemption that exempts semitrailers that are constructed up to 4.6 metres high from the dimension requirement that the vehicle only be 4.3 metres high, subject to compliance with certain conditions.   This instrument does NOT exempt these vehicles from other requirements of the Heavy Vehicle National Law including, but not limited to, mass and other dimension requirements.

 

Authorising Provision

2.                   This notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (the HVNL) and section 69(1) (a) of the Heavy Vehicle (General) National Regulation.

 

Title

3.                   This notice may be cited as the National Class 3 Heavy Vehicle 4.6m High by Construction Semitrailer Dimension Exemption (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 or expressions used in this notice have the same meanings as in the HVNL or regulations made under the HVNL.

 

In this notice

 

‘4.6m high semitrailer’

a)      means a semitrailer, used in a combination, that is constructed higher than 4.3m but not constructed higher than 4.6m;

b)      does not include a semitrailer constructed or used to carry livestock or vehicles or baled agricultural commodities or a class 1 heavy vehicle.

 

 

Application

7.                   This notice applies to 4.6m high semitrailers.

8.                   This notice applies in all participating jurisdictions other than Tasmania.

 

Exemption from prescribed mass or dimension requirements

9.                   This notice exempts a 4.6m high semitrailer from the height limit prescribed in section 8(d) of Schedule 6 of the National Regulation.

 

Condition - Areas or routes

10.               This notice applies in the areas or routes stated in the Schedules to this notice.

 

Other conditions

11.               A 4.6m high semitrailer that is constructed higher than 4.3m must comply with the following mass limits

(a)    for a combination consisting of a prime mover and semitrailer, the mass of the combination must not be more than 90% of the prescribed mass requirements;

(b)    for a combination consisting of a B-double or a road train, the mass of the combination must not be more than 90% of the lesser of

  1. the prescribed mass requirements; or
  2. the mass limits specified under the class 2 heavy vehicle authorisation for the B-double or road train, if the relevant class 2 heavy vehicle authorisation specifies a lesser mass limit.

 

Note – For example a 4.6m high semitrailer used as part of a 6 axle prime mover and semitrailer combination that is normally permitted to operate at 42.5t at the general mass limits must not exceed a mass limit of 38.25t.

 

12.               The deck height of a 4.6m high semitrailer that is constructed higher than 4.3m must not exceed 1.2m for at least 50% of its deck length.

13.               A 4.6m high semitrailer that is constructed higher than 4.3m must have an air suspension system with effective dampers fitted to the vehicle.

14.               The driver and operator of a 4.6m high semitrailer 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 4.6m high semitrailer from complying with legislation regulating the use of heavy vehicles, including but not limited to:

(a)      compliance with mass and other 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 exempt a 4.6m high semitrailer from the height limit prescribed in section 8(d) of Schedule 6 of the National Regulation, subject to compliance with the conditions 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 combination consisting of a prime mover and a 4.6m high semitrailer may use the routes as set out in Appendix 1 to this Schedule.

 

2.       A B-double that includes a 4.6m high semitrailer 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 semitrailers and B-doubles.

 

3.       A road train that includes a 4.6m high semitrailer trailer 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 semitrailers and road trains.

 

Other conditions

 

4.       A vehicle to which this Schedule applies must comply with the conditions specified for each area or route in the condition column of the routes stated in Appendix 1 to this Schedule.

 

5.       A B-double that includes a 4.6m high semitrailer must comply with any relevant conditions set out in the National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 1)..

 

6.       A road train that includes a 4-6m high semitrailer trailer must comply with any relevant conditions set out in the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2014 (No. 1).

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 combination consisting of a prime mover and a 4.6m high semitrailer may 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 4.6m high semitrailer 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 B-double that includes a 4.6m high semitrailer 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.

 

Other conditions

 

3.       A B-double that includes a 4.6m high semitrailer must comply with any relevant conditions set out in the B-double notice.

 

4.       A 4.6m high semitrailer cannot be used as a component of a road train.

 

Note A road train includes a B-triple


SCHEDULE 3 - SOUTH AUSTRALIA

 

Application

 

  1. This Schedule does not apply to a 4.6m high semitrailer that is a refrigerated trailer. In this clause, ‘refrigerated trailer’ means a semitrailer designed and built for the positive control of temperature through the use of refrigerated equipment.

 

Stated areas or routes

 

2.       A combination consisting of a prime mover and 4.6m high semitrailer (semitrailer combination) may use all roads in South Australia.

3.       A B-double that includes a 4.6m high semitrailer may only use a route approved in the National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 1) (the B-double notice).

4.       A road train that includes a 4-6m high semitrailer trailer may only use a route approved in the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2014 (No. 1) (the road train notice).

 

Other Conditions

 

Conditions applicable to a B-double or road train combination

 

5.       In addition to complying with the requirements of this Schedule, a B-double that includes a 4.6m high semitrailer must comply with the B-double notice.

6.       In addition to complying with the mass requirements specified in clause 11 of this notice, if a 4.6m high semitrailer is used in a B-double combination, the mass on the axle group of the second semitrailer in the B-double must not exceed 90% of the axle mass limits stated in Table 1 of Part 2 of Schedule 1 of the National Regulation.

7.       In addition to complying with the requirements of this Schedule, a road train that includes a 4-6m high semitrailer trailer must comply with the road train notice.

8.       In addition to complying with the mass requirements specified in clause 11 of this notice, if a 4.6m high semitrailer is used in a road train combination, the mass on the axle groups of any converter dolly and second and third semitrailers in the road train must not exceed 90% of the axle mass limits stated in Table 1 of Part 2 of Schedule 1 of the National Regulation.

9.       A B-double or a road train operating under this notice is not permitted to operate under the concessional mass limits.

 

Conditions applicable to a semitrailer combination

 

10.   A semitrailer combination operating under this notice is not permitted to operate under the concessional mass limits.

11.   Before starting the journey, the driver or operator must

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

(b)    contact Telstra about height clearances under telecommunications lines along the route; and

(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.

12.   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 – VICTORIA

 

Stated areas or routes

 

  1. A combination consisting of a prime mover and a 4.6m high semitrailer may use all roads in Victoria.

 

2.       A B-double that includes a 4.6m high semitrailer 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 road train that includes a 4.6m high semitrailer trailer may only use a route approved in Victorian Class 2 Road Train Route Access List  set out in Appendix 1 (the road train notice).

 

Other conditions

4.       A B-double that includes a 4.6m high semitrailer must comply with any relevant conditions set out in the B-double notice.

 

5.       A road train that includes a 4-6m high semitrailer trailer must comply with any relevant conditions set out in the road train notice.

 

6.       The driver of a combination to which this Schedule applies must carry in the driving compartment 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

Victorian Class 2 Road Train Route Access List

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

Overview

The Heavy Vehicle National Law National Class 3 Heavy Vehicle 4.6m High by Construction Semitrailer Dimension Exemption (Notice) 2014 (No. 1) was enacted to provide a temporary exemption for certain class 3 heavy vehicles, specifically semitrailers constructed up to 4.6 metres high, from the height limit set forth in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This exemption was introduced to address the need for increased flexibility in the transportation sector, allowing for the use of slightly taller semitrailers under specific conditions, while ensuring safety and compliance with other regulatory requirements. The notice was enacted by the National Heavy Vehicle Regulator under section 117 of the Heavy Vehicle National Law and section 69(1) (a) of the Heavy Vehicle (General) National Regulation. The primary policy objective of this notice is to facilitate the movement of goods by providing a temporary exemption that balances operational needs with safety considerations. This exemption is intended to support economic activities by allowing for more efficient transportation solutions, subject to the specified conditions and limitations.

Scope and Application

The National Class 3 Heavy Vehicle 4.6m High by Construction Semitrailer Dimension Exemption (Notice) 2014 (No. 1) applies to semitrailers that are constructed up to 4.6 metres high, which fall under the classification of class 3 heavy vehicles. These vehicles are eligible for exemption from the height limit specified in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, provided they adhere to certain conditions. This notice operates under the Heavy Vehicle National Law, which encompasses all participating jurisdictions except Tasmania. The exemption does not extend to vehicles used for carrying livestock, vehicles, baled agricultural commodities, or class 1 heavy vehicles. Operators of these semitrailers must ensure compliance with mass limits, deck height restrictions, and the installation of an air suspension system with effective dampers. Additionally, drivers and operators must abide by any specific conditions outlined in the schedules for the respective jurisdictions. The exemption does not relieve operators from other regulatory requirements under the Heavy Vehicle National Law, such as adherence to mass, dimension, and traffic regulations. The notice came into effect on 10 February 2014 and will expire on 9 February 2019.

Key Provisions

The main operative sections of this legislation provide an exemption for 4.6-metre high semitrailers from the height limit prescribed in section 8(d) of Schedule 6 of the National Regulation (sections 9 and 10). This exemption applies to semitrailers that are constructed higher than 4.3 metres but not higher than 4.6 metres, provided that certain conditions are met (section 6). The exemption is applicable in all participating jurisdictions except Tasmania (section 8). The legislation specifies that the 4.6-metre high semitrailer must comply with mass limits and deck height requirements, and must have an air suspension system with effective dampers (sections 11 and 12). Furthermore, the driver and operator must comply with all conditions set out in the Schedule for a participating jurisdiction (section 14). The obligations and requirements imposed by this Act include compliance with mass limits, deck height requirements, and air suspension system specifications for 4.6-metre high semitrailers (sections 11 and 12). Additionally, the driver and operator must comply with conditions set out in the Schedule for the participating jurisdiction (section 14). It is important to note that this exemption does not exempt the driver or operator from complying with other legislation regulating the use of heavy vehicles, such as mass and dimension requirements, vehicle standards, and lawful directions of authorised officers (section 14, Note). There are no specific offences, penalties, or civil/criminal consequences mentioned in this legislation for breach of its provisions. However, it is worth noting that failure to comply with other legislation regulating the use of heavy vehicles, such as mass and dimension requirements, vehicle standards, and lawful directions of authorised officers, may result in penalties as prescribed under the respective legislation. It is essential to comply with all applicable laws and regulations to avoid any potential legal consequences.

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