National Class 3 Supplementary Access (Diversion Assistance) Exemption Notice 2024 (No.1)

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

Legislation au C2024G00091 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Class 3 Supplementary Access (Diversion Assistance) Exemption Notice 2024 (No.1)

 

  1. Purpose

 

1)      This Notice authorises the access of Class 3 heavy vehicles that are road trains up to 53.5m in length to a specified network from Western Australia to South Australia. This Notice grants exemptions to certain axle mass requirements under Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation) and provides alternative conditional mass limits. The purpose of this access is to allow increased freight capacity on alternative road networks during a period when regular rail and road freight routes are cut by natural disaster.

 

Note: As a class 3 exemption, this Notice applies to any vehicle that complies with the conditions of the Notice, up to the specified conditional masses. Apart from the exempted mass limits, a vehicle must comply with all other requirements of the Heavy Vehicle National Law.

 

2.       Authorising provision

 

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

 

a)      Section 117 – Regulator’s power to exempt a category of class 1 or class 3 heavy vehicles

 

3.       Title

 

This exemption Notice may be cited as the National Class 3 Supplementary Access (Diversion Assistance) Exemption Notice 2024 (No.1).

 

4.       Commencement date

 

This Notice commences on 25 January 2024.

 

5.       Expiry date

 

This Notice expires on 21 February 2024.

 

 

 

 

6.       Definitions

 

Unless otherwise stated, words and expression used in this Notice have the same

meanings as those in the HVNL and its regulations.

 

7.       Application

 

1)      This Notice applies to a heavy vehicle that meets all of the requirements of this section.

 

2)      This Notice applies to a heavy vehicle that is a road train that:

 

a)      does not exceed 53.5m in length; and

b)      does not exceed the mass limits set in section 9; and

c)       apart from the conditions in a) and b), meets the definition of a Type-2 road train under section 6 of the National Class 2 Road Train Authorisation Notice.

 

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

 

a)      transporting goods from Western Australia to South Australia along the routes specified in section 10; or

 

b)      making a return journey along the route specified in section 10 from South Australia to Western Australia after completing a journey under a).

 

4)      This Notice only applies to a heavy vehicle operating in the stated route set out in section 10.

 

5)      A heavy vehicle to which this section applies is an eligible vehicle.

 

8.       Exemption – Prescribed mass requirements

 

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

 

a)      section 4 – Mass limits for a single axle or axle group

 

2)      An exemption in 1) only applies to the extent provided by specific conditional mass limits in sections 9 of this Notice, or in a Schedule.

 

9.       Conditions – Mass (axle masses)

 

1)      An eligible vehicle operating under this Notice may not exceed the following mass limits relating to axles:

 

a)      a tandem axle group – 17t

b)      a tri-axle group – 22.5t.

 

10.   Conditions – Areas and Routes

 

1)      For the purposes of section 121(1)(c) of the HVNL, a network set out in Schedule 1 is a stated area and route to which this authorisation Notice applies.

 

2)      An eligible vehicle operating on an area or routes under this section must comply with the following conditions relevant to it:

 

a)      Road conditions pursuant to section 160 of HVNL; and

b)      Travel conditions pursuant to section 161 of the HVNL; and

c)       Vehicle conditions pursuant to section 162 of the HVNL.

 

11.   Conditions – Certified road-friendly suspension systems

 

1)      The following specified axle groups on eligible vehicles operating under this Notice must be fitted with the following when those axle groups exceed regulation mass limits:

 

a)      for tandem axle groups – a certified road-friendly suspension system

b)      for tri-axle groups – a certified road-friendly suspension system

 

2)      Any system or equipment specified in this section must be functioning when an eligible vehicle is operating under this Notice.

 

12.   Conditions – Mass Management Accreditation

 

If an eligible vehicle operating under this Notice is fitted with a tri-axle group that exceeds regulation mass limits, the driver of the vehicle must hold mass management accreditation for the vehicle.

 

 

 

Peter Austin

Director, Policy Implementation

National Heavy Vehicle Regulator


Schedule 1 Stated Routes and Areas

  1. Condition – Routes

 

Pursuant to section 10 of this Notice, an eligible vehicle may operate on the following network published on the National Heavy Vehicle Regulator’s National Network Map:

 

Supplementary Access (Western Australia)

Note: The National Heavy Vehicle Regulator’s National Network Map is published on the Regulator’s website.

2.       Condition – Continuity of route

 

An eligible vehicle must follow the route specified in section 1 of this Schedule from the route’s start point to its end point.

 

Note: Regardless of any conditions of this Notice or a route published in this Schedule, all official traffic signs must be complied with.

Rail clearance must be obtained prior to travel pursuant to Australian Rail Track Corporation and Aurizon Bulk Central requirements.

Overview

The National Class 3 Supplementary Access (Diversion Assistance) Exemption Notice 2024 (No. 1) was enacted to address the urgent need for increased freight capacity on alternative road networks due to disruptions in regular rail and road freight routes caused by natural disasters. This Notice, made under the Heavy Vehicle National Law, authorises the access of Class 3 heavy vehicles, specifically road trains up to 53.5 meters in length, from Western Australia to South Australia. It provides exemptions to certain axle mass requirements and prescribes alternative conditional mass limits to facilitate this temporary diversion of freight transport. This exemption aims to ensure that necessary goods can still be transported efficiently and safely during critical times of disruption. The Notice applies to eligible vehicles that comply with specified conditions, including mass limits, suspension systems, and mass management accreditation, and it comes into effect on 25 January 2024, expiring on 21 February 2024.

Scope and Application

The National Class 3 Supplementary Access (Diversion Assistance) Exemption Notice 2024 (No.1) applies to Class 3 heavy vehicles, specifically road trains up to 53.5 metres in length, that are operating between Western Australia and South Australia. This Notice grants exemptions to certain axle mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation and provides alternative conditional mass limits to facilitate increased freight capacity on alternative road networks during a period of natural disaster disruption to regular rail and road freight routes. The Notice applies to any vehicle that meets the conditions specified, including the requirement that the vehicle must adhere to the stated route and comply with all other provisions of the Heavy Vehicle National Law, aside from the exempted mass limits. This exemption Notice only applies to heavy vehicles operating within the specified network and routes, and it expires on 21 February 2024. This Notice extends the application of the Heavy Vehicle National Law through subordinate instruments by providing specific exemptions and conditional mass limits for eligible vehicles.

Key Provisions

The main operative sections of the National Class 3 Supplementary Access (Diversion Assistance) Exemption Notice 2024 (No.1) provide authorisation for Class 3 heavy vehicles, specifically road trains up to 53.5m in length, to access a specified network from Western Australia to South Australia. This exemption Notice is made under section 117 of the Heavy Vehicle National Law (HVNL), granting relief from certain axle mass requirements stipulated in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation) and offering alternative conditional mass limits. These provisions aim to facilitate increased freight capacity on alternative road networks when regular routes are disrupted by natural disasters. The Notice specifically applies to eligible vehicles that meet the defined conditions and operates within the stated routes and areas outlined in Schedule 1. This Act imposes several obligations and requirements on the parties it governs. Eligible vehicles must adhere to the conditional mass limits set out in section 9, which includes specific mass restrictions for tandem and tri-axle groups, namely 17t and 22.5t respectively. Vehicles must also comply with road conditions as per section 160, travel conditions under section 161, and vehicle conditions according to section 162 of the HVNL. Additionally, if any specified axle groups exceed the regulation mass limits, they must be fitted with certified road-friendly suspension systems. Drivers of vehicles with tri-axle groups exceeding regulation mass limits must hold mass management accreditation. Compliance with these conditions ensures that the vehicles operate safely and effectively within the specified network. The Notice outlines the civil and criminal consequences for breach of its provisions. Although specific penalties are not detailed within the Notice itself, breaches of the Heavy Vehicle National Law or its regulations could lead to severe penalties. Generally, these may include fines, disqualification from holding a driver licence, and potential imprisonment. The maximum penalties can vary depending on the severity and frequency of the offence but could reach up to $55,000 in fines and two years in prison for serious breaches. Such stringent measures underscore the importance of adhering to the Notice’s conditions and the broader regulatory framework governing heavy vehicle operations.

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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.