National Class 3 Rear Overhang Dimension Exemption Notice 2024 (No.1)

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

Legislation au C2024G00058 In force Gazette

Legislation content

HEAVY VEHICLE NATIONAL LAW

National Class 3 Rear Overhang Dimension Exemption Notice 2024 (No.1)

  1. Purpose

 

This notice grants exemptions from dimension requirements for a class 3 heavy vehicle that has a forklift mounted to its rear.

 

2.       Authorising provision

 

1)      This notice is made under the following provision of the Heavy Vehicle National Law (HVNL):

 

a)      section 117 – Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement.

 

3.       Title

 

This notice may be cited as the National Class 3 Rear Overhang Dimension Exemption Notice 2024 (No.1).

 

4.       Commencement date

 

This notice commences on 10 February 2024.

 

5.       Expiry date

 

This notice expires on 9 February 2029.

 


6.       Definitions

 

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

 

2)      In this notice, definitions from the National Class 2 B-Double Authorisation Notice apply, as amended from time to time.

 

3)      In this notice:

 

Forklift mount means a mechanism that carries a forklift fixed to the rear of the vehicle so that the forklift and forklift mount extend beyond the body of the vehicle.

 

Guide means the New South Wales Class 3 Rear Overhang Dimension Exemption Operator’s Guide published by the National Heavy Vehicle Regulator, and as amended from time to time.

 

7.       Application

 

1)      This notice applies to a class 3 heavy vehicle that meets all the requirements in this section.

 

2)      This notice applies to a heavy vehicle that has a forklift mount attached to the rear of the vehicle. This notice applies whether or not a forklift is actually carried at any given time.

 

3)      This notice applies to a heavy vehicle that is:

 

a)      a rigid truck; or

b)      a prime mover towing a semi-trailer; or

c)       a B-double.

 

4)      In this section, rear of the vehicle means:

 

a)      For a rigid truck, the rear of the truck; or

b)      For a combination consisting of a prime mover or a truck towing a trailer, or a B-double, means the rear of the last trailer in the combination.

 

5)      This notice applies in all participating jurisdictions.

 

6)      A heavy vehicle to which this section applies and that complies with the conditions of this notice is an eligible vehicle.

 


8.       Exemption – Prescribed dimension requirements

 

1)      An eligible vehicle is exempt from the following dimension requirements under Schedule 6 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (MDL Regulation):

 

a)      section 5 – Length (rear overhang)

 

2)      The exemption in 1) only applies to the extent that specific conditional dimension limits are provided in section 9 of this notice.

 

9.       Condition – Dimension limits

 

1)      For a parameter given in column 1 of Table 1, an eligible vehicle must not exceed the dimension given in column 2.

 

Table 1: Maximum dimensions

Column 1

Column 2

Parameter

Maximum Dimension (m)

Length (rear overhang)

4.0m

 

2)      For this section, the width of a heavy vehicle must be measured in the same manner as in section 8 of the Heavy Vehicle (Vehicle Standards) National Regulation.

 

10.   Condition – Minimum length of a truck, or a semitrailer

 

1)      For an eligible vehicle that is a rigid truck, the minimum length of the vehicle, not including a forklift or forklift mount, must be at least 9.5m in length.

 

2)      For a combination consisting of a prime mover towing a semitrailer, the minimum length of the last trailer in the combination, not including a forklift or forklift mount, must be at least 9.5m in length.

 

11.   Condition – maximum length of B-double

 

1)      An eligible vehicle that is a B-double must not exceed the following length:

 

a)      19.0m in length in any participating jurisdiction except Tasmania; or

b)      21.0m in Tasmania.

 


12.   Condition – warning flags

 

1)      When operating during the day an eligible vehicle must have a brightly colored red, red and yellow or yellow flag at least 300mm by 300mm fixed to the extreme back of the load; or

 

2)      When operating during the night an eligible vehicle must have a light showing a clear red light to the back, visible at a distance of at least 200m, is fixed to the extreme back of the load.

 

13.   Condition – stated areas or routes

 

1)      The following eligible vehicles have general access:

 

a)      rigid trucks; and

b)      combinations consisting of a prime mover towing a semitrailer.

 

2)      An eligible vehicle that is a B-double may operate on B-double on routes and areas specified by networks in the National Class 2 B-Double Authorisation Notice providing the eligible vehicle complies with all conditions that apply to that network, including prescribed mass and dimension requirements, but the exemption from rear overhang dimension requirements granted by this notice.

 

3)      For the purposes of section 119(1)(a) of the HVNL, an area or route specified in this section is a stated area or route to which this notice applies.

 

4)      Regardless of any access granted under this section, an eligible vehicle must comply with any conditions or restrictions applied to a stated area or route in the Specified Road Manager Network Requirements in the Guide.

 

5)      In this section, general access means access to all roads except as restricted by the Specified Road Manager Network Requirements in the Guide.

 

6)      An eligible vehicle operating on an area or route specified in this section must comply with any of the following conditions prescribed for that area or route:

 

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.

 

Peter Austin

Director, Policy Implementation

National Heavy Vehicle Regulator

 

 

Overview

The Heavy Vehicle National Law National Class 3 Rear Overhang Dimension Exemption Notice 2024 (No.1) was enacted to address the practical difficulties faced by operators of class 3 heavy vehicles equipped with a rear-mounted forklift. This legislation provides exemptions from certain dimension requirements under the Heavy Vehicle National Law for vehicles meeting specific criteria, thereby facilitating smoother operation and compliance with road safety standards. The notice was issued under section 117 of the Heavy Vehicle National Law, empowering the Regulator to exempt certain categories of vehicles from mass or dimension compliance requirements, with the aim of balancing operational flexibility with safety concerns. The notice commenced on 10 February 2024 and will remain in effect until 9 February 2029, providing a defined period for its implementation and evaluation. This exemption notice applies to class 3 heavy vehicles with a forklift mount attached to the rear, including rigid trucks, prime movers towing semi-trailers, and B-doubles, provided they meet the stipulated conditions. These conditions include maximum and minimum length restrictions, the requirement for warning flags, and access limitations based on specified routes and areas. The notice ensures that while certain dimension restrictions are lifted, other safety measures remain in place to protect road users. The notice applies across all participating jurisdictions, ensuring uniformity in its application and enforcement.

Scope and Application

The National Class 3 Rear Overhang Dimension Exemption Notice 2024 (No.1) applies to class 3 heavy vehicles with a forklift mount attached to their rear, regardless of whether a forklift is currently carried. This includes rigid trucks, prime movers towing semi-trailers, and B-doubles, and applies in all participating jurisdictions across Australia. The exemption from certain rear overhang dimension requirements is conditional upon compliance with specific dimension limits, minimum length requirements, and the display of warning flags. Additionally, while B-doubles have restricted access to certain routes and areas as specified in the National Class 2 B-Double Authorisation Notice, rigid trucks and prime mover-semi-trailer combinations are granted general access, subject to any additional conditions or restrictions specified for particular roads or routes. The exemption notice is made under section 117 of the Heavy Vehicle National Law and commences on 10 February 2024, expiring on 9 February 2029.

Key Provisions

The main operative sections of the National Class 3 Rear Overhang Dimension Exemption Notice 2024 (No.1) include the exemption from certain dimension requirements for a class 3 heavy vehicle that has a forklift mounted to its rear (section 8). This notice specifies that the exemption applies to rigid trucks, prime movers towing a semi-trailer, and B-doubles (section 7). However, the exemption only applies to the extent that specific conditional dimension limits are met, as outlined in section 9. Eligible vehicles must adhere to maximum dimensions, minimum length requirements, and other specified conditions, such as the presence of warning flags and compliance with stated areas or routes (sections 9-13). The notice imposes several obligations on parties or entities it governs. Firstly, eligible vehicles must not exceed certain maximum dimensions as specified in Table 1 of section 9 (e.g., a maximum rear overhang of 4.0 metres). Secondly, for rigid trucks and prime movers towing a semi-trailer, the minimum length must be at least 9.5 metres, excluding the forklift or forklift mount (section 10). Thirdly, B-doubles must adhere to specific length limits depending on the jurisdiction, with a maximum of 19.0 metres outside Tasmania and 21.0 metres within Tasmania (section 11). Furthermore, eligible vehicles must display appropriate warning flags or lights depending on the time of operation (section 12). Finally, vehicles must comply with any additional conditions or restrictions applicable to stated areas or routes, including road and travel conditions, and vehicle conditions (section 13). Breaches of the conditions set out in this notice may lead to various civil or criminal consequences. Although specific penalties are not detailed in the notice, the Heavy Vehicle National Law (HVNL) under which this notice is made may impose penalties for non-compliance. Such penalties could include fines, vehicle impoundment, and potential criminal charges, depending on the severity and frequency of the breach. The maximum penalties would be aligned with those prescribed in the HVNL and associated regulations, which could range from fines to more severe criminal sanctions for repeated or egregious violations.

Legal classification tags

Area of Law
Transport Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Exemptions & Exclusions
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.