National Class 3 Heavy Vehicle Mechanical Tarping and Safety Harness Systems Dimension Exemption (Notice) 2014 (No. 1)

Overview

The Heavy Vehicle (National Class 3 Heavy Vehicle Mechanical Tarping and Safety Harness Systems Dimension Exemption (Notice) 2014 (No. 1) was enacted to address the need for an exemption from the width limit for class 3 heavy vehicles that are fitted with mechanical tarping or safety harness systems, allowing them to operate on public roads under certain conditions. This notice was issued under section 117 of the Heavy Vehicle National Law and regulation 69(1)(a) of the Heavy Vehicle (General) National Regulation by the National Heavy Vehicle Regulator. The policy objective is to facilitate the operation of these specific vehicles while maintaining safety standards by setting clear conditions for their use. The notice exempts class 3 heavy vehicles, registered before 1 July 2006, that are equipped with mechanical tarping or safety harness systems from the width limit of 2.5 metres, provided they adhere to the outlined conditions, such as limiting the protrusion of the systems and ensuring parts wider than 2.5 metres are at least 2 metres from the ground. This exemption applies in New South Wales, Victoria, and Queensland, with specific conditions for Queensland as noted in the notice.

Scope and Application

The National Class 3 Heavy Vehicle Mechanical Tarping and Safety Harness Systems Dimension Exemption (Notice) 2014 (No. 1) applies to class 3 heavy vehicles that were first registered before 1 July 2006 and have been subsequently fitted with either a Mechanical Tarping System or a Safety Harness System. This notice exempts these vehicles from the width limit specified in section 7(1) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, subject to compliance with certain conditions. The notice applies in New South Wales, Victoria, and Queensland, with specific conditions noted for Queensland. Notably, this exemption does not extend to other requirements of the Heavy Vehicle National Law, such as mass and other dimension requirements. The notice, which commenced on 10 February 2014 and will expire on 9 February 2019, stipulates that the relevant heavy vehicles, excluding the mechanical systems, must not exceed 2.5m in width, and including these systems, must not exceed 2.6m in width. The systems themselves must not protrude by more than 50mm on either side of the vehicle, and any part of the vehicle wider than 2.5m must be more than 2m from the ground. This notice is made under section 117 of the Heavy Vehicle National Law and regulation 69(1)(a) of the Heavy Vehicle (General) National Regulation, and it does not exempt these vehicles from other requirements of the Heavy Vehicle National Law.

Key Provisions

The main operative sections of the National Class 3 Heavy Vehicle Mechanical Tarping and Safety Harness Systems Dimension Exemption (Notice) 2014 (No. 1) (the Notice) detail the specific circumstances under which certain class 3 heavy vehicles are exempted from the width limit specified in section 7(1) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation). According to section 10, the Notice exempts relevant heavy vehicles from the width limit, provided they comply with the conditions outlined in the Notice. A "relevant heavy vehicle" is defined in section 8 as a class 3 heavy vehicle that was first registered before 1 July 2006 and has been fitted with a Mechanical Tarping System or Safety Harness System. The Notice applies in New South Wales, Victoria, and Queensland, with certain conditions specified for Queensland in clauses 15 and 16. The Notice imposes several obligations and requirements on the parties or entities it governs. For instance, section 11 allows a relevant heavy vehicle to travel on all areas and routes in the jurisdictions to which this Notice applies, subject to the condition outlined in section 12. Section 12 stipulates that if a relevant heavy vehicle would be a class 2 heavy vehicle but for the need to grant the dimension exemption under this Notice, the vehicle may only use a route authorized by section 11 if that route is also authorized by the other class 2 heavy vehicle authorisation. Other conditions include ensuring that the relevant heavy vehicle, excluding any part of the Mechanical Tarping System or Safety Harness System, must not be wider than 2.5m (section 13), and the relevant heavy vehicle, including any part of the Mechanical Tarping System or Safety Harness System, must not be wider than 2.6m (section 14). Additionally, the Mechanical Tarping System or Safety Harness System must not protrude by more than 50mm on either side of the relevant heavy vehicle (section 15), and any part of the relevant heavy vehicle that is wider than 2.5m must be more than 2m from the ground (section 16). The Notice also outlines the consequences for breach of its provisions, though it does not specify criminal or civil penalties. The primary consequence for non-compliance is the potential loss of the exemption granted by the Notice, meaning the heavy vehicle would be subject to the width limit specified in section 7(1) of Schedule 6 of the National Regulation. This could result in the vehicle being deemed unfit for public roads if it exceeds the specified width without proper authorization. Additionally, if a vehicle is found to be in breach of the conditions outlined in the Notice, it may be subject to further scrutiny or enforcement action by the National Heavy Vehicle Regulator or relevant authorities in the participating jurisdictions.