National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014 (No. 1)

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

Legislation au C2014G00234 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

NATIONAL CLASS 3 HEAVY VEHICLE SPREADER BOX DIMENSION EXEMPTION (NOTICE) 2014 (No. 1)

 

Purpose

  1. The purpose of this notice is to exempt a class 3 heavy vehicle fitted with a spreader box from the width limit stated in section 7(1) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation).

 

Authorising provision

2.       This notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (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 Spreader Box Dimension Exemption (Notice) 2014 (No. 1).

 

Commencement

4.       This notice commences on 10 February 2014.

 

Expiry

5.       This notice expires on 9 February 2019.

 

Definitions

6.       Unless otherwise stated, words and expressions used in this notice have the same meaning as those defined in the HVNL.

7.       In this notice

 

spreader box means an implement fitted onto the rear of a heavy vehicle used in the construction, repair or maintenance of roads, to evenly distribute aggregate or a similar material.

 

Application

8.       This notice applies to a class 3 heavy vehicle fitted with a spreader box, where

(a)    the spreader box when fitted to the vehicle is not wider than 2.9m; and

(b)    the vehicle to which the spreader box is fitted, excluding the spreader box, is not wider than 2.5m.

9.       This notice applies in New South Wales, South Australia and Tasmania.

 

 

 

Exemption from prescribed mass or dimension requirements

10.   This notice exempts a class 3 heavy vehicle fitted with a spreader box from the width limit specified in section 7(1) of Schedule 6 of the Regulation.

 

Conditions

11.   The vehicle must have its low-beam headlights on while it is being used in the daytime.

12.   The driver and operator of the vehicle 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 vehicle from complying with legislation regulating the use of heavy vehicles, including but not limited to

  1. compliance with mass requirements in the HVNL;
  2. compliance with traffic signs, including those indicating mass limits or dimension limits; and
  3. compliance with lawful directions of authorised officers.

 

Declaration

 

I, Richard Hancock, delegate of the National Heavy Vehicle Regulator exempt a class 3 heavy vehicle fitted with a spreader box from the width limit stated in section 7(1) of Schedule 6 of the Regulation, provided the vehicle complies with the conditions in this notice.

 

Dated: 5 February 2014

 

Richard Hancock

Chief Executive Officer

National Heavy Vehicle Regulator

 


 

SCHEDULE 1 NEW SOUTH WALES

 

Areas or routes

  1. The vehicle must only use an area or route that is within a radius of 10 kilometres of a road maintenance or construction site.

Conditions

2.       The vehicle must have at least one warning light attached that complies with the requirements for warning lights for a class 1 heavy vehicle as set out in sections 35, 36, 37 and 38(1) of Schedule 8 of the Regulation.

3.       Except when operating within a radius of 1 kilometre from a road maintenance or construction site, the vehicle must have

(a)    a warning sign attached to the front of the vehicle and a warning sign attached to the rear of the spreader box, that show the word “OVERSIZE” and that comply with the requirements for warning signs for a class 1 heavy vehicle as set out in sections 41, 42, 43, 45, 46 and 47 of Schedule 8 of the Regulation; and

(b)    a brightly coloured red, yellow, or red and yellow, flag at least 450mm long and at least 450mm wide, at each side of the spreader box.  The flags must be clearly visible at a distance of 100 metres to a person of normal vision.

 

 


SCHEDULE 2 – SOUTH AUSTRALIA

 

Areas or routes

 

  1. Subject to clause 2 of this Schedule, the vehicle must only use an area or route between the worksite, as defined by “ROADWORK AHEAD” signs and the stockpile, the worksite or stockpile and the depot or place of overnight lodging of the sealing crew.

 

2.       The vehicle must not travel between the Adelaide Metropolitan Area set out in Appendix 1 and a worksite outside the Adelaide Metropolitan Area.

 

Conditions

 

3.       The vehicle must have at least one warning light attached that complies with the requirements for warning lights for a class 1 heavy vehicle as set out in sections 35, 36, 37 and 38(1) of Schedule 8 of the Regulation.

4.       Except when operating within a radius of 1 kilometre from a road maintenance or construction site, the vehicle must have

(a)    a warning sign attached to the front of the vehicle and a warning sign attached to the rear of the spreader box, that show the word “OVERSIZE” and that comply with the requirements for warning signs for a class 1 heavy vehicle as set out in sections 41, 42, 43, 45, 46 and 47 of Schedule 8 of the Regulation; and

(b)    a brightly coloured red, yellow, or red and yellow, flag at least 450mm long and at least 450mm wide, at each side of the spreader box.  The flags must be clearly visible at a distance of 100 metres to a person of normal vision.

 

5.       The vehicle must not travel during periods of low visibility.

 

6.       The vehicle must only travel during daytime, between the hours of sunrise and sunset as specified in an almanac published under the Proof of Sunrise and Sunset Act 1923 (SA), and published in the South Australian Government Gazette.

 

7.       The vehicle must not travel in the Adelaide Metropolitan Area between the hours of 7.00am to 9.00am and 4.00pm to 6.00pm, Monday to Friday inclusive.

 

8.       For the purposes of this Schedule, the Adelaide Metropolitan Area means the area defined in the map titled ‘Adelaide Metropolitan Area’ set out in Appendix 1 to this Schedule.

 

 

Appendix 1

Adelaide Metropolitan Area Map

www.sa.gov.au/heavyvehicles

 

 


SCHEDULE 3 – TASMANIA

 

Areas or routes

 

  1. Subject to clause 2 of this Schedule, the vehicle may use all roads in Tasmania.

 

2.       The vehicle may not be used on the Bridgewater Bridge if the spreader box when fitted to the vehicle is wider than 2.5m.

 

Conditions

3.       The vehicle may not be used in daylight if visibility is less than 250 metres or at night if the headlights of a vehicle approaching within 250 metres cannot be seen.

 

4.       If the vehicle is being used at night, it must comply with the requirements for side markers and rear markers for a class 1 heavy vehicle as set out in section of Schedule 8 of the Regulation.

 

5.       A  warning sign attached to the front of the vehicle and a warning sign attached to the rear of the spreader box, that show the word “OVERSIZE” and that comply with the requirements for warning signs for a class 1 heavy vehicle as set out in sections 41, 42, 43, 45, 46 and 47 of Schedule 8 of the Regulation; and

 

6.       Flags that comply with and that are fixed in accordance with the requirements of section 2(1)(c) Schedule 8 of the Regulation

 

 

Overview

The National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014 (No. 1) was enacted to address the need for a temporary exemption from the width limit on class 3 heavy vehicles fitted with spreader boxes, which are used for distributing materials like aggregate in road construction, repair, or maintenance. This notice was made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction and section 69(1)(a) of the Heavy Vehicle (General) National Regulation. The policy objective of this notice is to facilitate the efficient movement of these heavy vehicles while ensuring safety on the roads by imposing specific conditions and limitations on their operation. The 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, provided that the vehicles comply with the notice's conditions, including the use of warning signs, lights, and flags to alert other road users of the vehicle's presence. This exemption is applicable in New South Wales, South Australia, and Tasmania, and it commenced on 10 February 2014, expiring on 9 February 2019.

Scope and Application

The National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014 (No. 1) pertains to class 3 heavy vehicles fitted with a spreader box, a specific implement used in road construction, repair, or maintenance to distribute materials such as aggregate. This notice, made under the Heavy Vehicle National Law and the Heavy Vehicle (General) National Regulation, exempts such vehicles from certain width limitations set out in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. The exemption applies to vehicles where the spreader box, when fitted, does not exceed 2.9m in width, and the vehicle itself, excluding the spreader box, does not exceed 2.5m in width. The notice is in effect in New South Wales, South Australia, and Tasmania, and it exempts these vehicles from the specified width limits provided the conditions set out in the notice are met. The exemption does not relieve drivers or operators of these vehicles from complying with other relevant heavy vehicle legislation, including traffic signs, mass requirements, and lawful directions from authorised officers. The notice includes specific conditions for the use of these vehicles in each participating jurisdiction, such as the use of warning lights, signs, and flags, and restrictions on travel times and areas, especially in urban settings. The notice was made by the Chief Executive Officer of the National Heavy Vehicle Regulator and came into force on 10 February 2014, expiring on 9 February 2019.

Key Provisions

The National Class 3 Heavy Vehicle Spreader Box Dimension Exemption (Notice) 2014 (No. 1) provides specific exemptions and conditions for class 3 heavy vehicles fitted with a spreader box, allowing them to bypass certain width restrictions under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This notice applies to vehicles where the spreader box is no wider than 2.9 metres and the vehicle itself, excluding the spreader box, is no wider than 2.5 metres. The exemption is effective in New South Wales, South Australia, and Tasmania, and it is in force from 10 February 2014 until 9 February 2019. The notice imposes several obligations on the parties governed by it. The driver and operator of the vehicle must ensure the low-beam headlights are on during daytime use. Additionally, they must adhere to all conditions set out in the schedules for the relevant jurisdiction, which include specific requirements for warning signs, lights, and flags to be attached to the vehicle and spreader box. For instance, in New South Wales, the vehicle must have warning signs and flags that are visible from 100 metres and can only be used within a 10-kilometre radius of a road maintenance or construction site. In South Australia, the vehicle must not travel in the Adelaide Metropolitan Area during peak traffic hours and must not be used during periods of low visibility. Failure to comply with the conditions set out in this notice may result in civil or criminal penalties. Although specific penalties are not outlined in the notice itself, the legislation regulating the use of heavy vehicles, such as the Heavy Vehicle National Law, would apply. These laws typically impose fines and potential disqualification from driving for non-compliance. It is essential for the driver and operator to be aware of and adhere to all the specified conditions to avoid any legal repercussions.

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