National Class 3 Rear Overhang Dimension Exemption Notice 2024 (No.2)

HEAVY VEHICLE NATIONAL LAW

National Class 3 Rear Overhang Dimension Exemption Notice 2024 (No.2)

1. Purpose

1)      This notice applies to a heavy vehicle that has a forklift mount attached to the rear of the vehicle.

2)      This notice revokes and replaces the National Class 3 Rear Overhang Dimension Exemption Notice 2024 (No.1).

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.

b)      section 23 of Schedule 1 – Regulator’s power to amend or repeal instrument.

3.       Title

This notice may be cited as the National Class 3 Rear Overhang Dimension Exemption Notice 2024 (No.2).

4.       Commencement date

This notice commences on 21 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 National 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.

3)      This notice applies whether or not a forklift is actually carried at any given time.

4)      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.

5)      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.

6)      This notice applies in all participating jurisdictions.

7)      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

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

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 lengths:

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

b)      21.0m in Tasmania.

12.   Condition – warning signals

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 routes and areas specified 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 for 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