National Class 3 Supplementary Access (South Australia Floods) Exemption Notice 2022 (No.1)

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

Legislation au C2022G01169 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Class 3 Supplementary Access (South Australia Floods) Exemption Notice 2022 (No.1)

 

  1. Purpose

 

This Notice authorises the access heavy vehicles that are road trains up to 36.5m in length to specified networks in South Australia. It provides exemptions from certain axle mass requirements and conditional mass limits. The purpose of this Notice is to allow the transport of goods, equipment, machinery, and other materials along specified routes for the purpose of building or maintaining flood mitigation works.

 

Note: Despite applying to road trains and making reference to the National Class 2 Road Train Authorisation Notice, this is a class 3 mass exemption Notice that provides access to vehicles that comply with the stated conditional mass limits and other conditions of the Notice.

 

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 (South Australia Floods) Exemption Notice 2022 (No.1).

 

4.       Commencement date

 

This Notice commences on the date of its publication.

 

5.       Expiry date

 

This Notice expires 14 days after commencement.

 

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 authorisation Notice applies to a heavy vehicle that meets all of the requirements this section.

 

2)      This authorisation Notice applies to heavy vehicle that is a road train that does not exceed 36.5m in length, and that meets the definition of a Type-1 road train under the current version of the National Class 2 Road Train Authorisation Notice.

 

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

 

a)      transporting goods, equipment, machinery, and other materials on a route specified in section 9 for the purpose of building or maintaining flood mitigation works; or

b)      specified in section 10 for the purpose of building or maintaining flood mitigation works; or

 

c)       making a return journey along a route specified in section 10 after completing a journey under b).

 

4)      This authorisation Notice only applies to a heavy vehicle operating in the stated areas and on stated routes set out in section 10.

 

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

Note: The National Class 2 Road Train Authorisation Notice is a class 2 Notice. To be clear, the use of the definition in that Notice to describe an eligible vehicle under this section does not limit eligible vehicles under this Notice to the prescribed mass requirements in Schedule 1 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation.

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.

 


9.       Conditions – Mass (axle masses)

 

1)      For an eligible vehicle an axle configuration described in column 1 of Table 1 must not exceed the masses specified in Column 2.

Table 1: Axle mass limits

Column 1

Column 2

Axle configuration

Mass limit (t)

Tandem axle groups fitted with 6 tyres

14.0

Tandem axle groups fitted with 8 tyres

17.0

Triaxle group fitted with 12 tyres

22.5

 

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 Caprioli

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator


Schedule 1 Stated Routes and Areas

  1. Condition – Routes

 

1)      This section sets out networks that are routes for the purpose of section 9 of this Notice.

 

2)      An eligible vehicle may operate on the following networks published on the National Heavy Vehicle Regulator’s Route Planner:

 

Route ID 155KO-1 v8

Route ID 155KO-1 v9

Note: the National Heavy Vehicle Regulator’s Route Planner is published on the Regulator’s website.

Overview

The Heavy Vehicle National Law National Class 3 Supplementary Access (South Australia Floods) Exemption Notice 2022 (No.1) was introduced to address the urgent need for heavy vehicle access in South Australia, particularly in the context of flood mitigation efforts. Enacted under the authority of the Heavy Vehicle National Law, this Notice provides specific exemptions from certain axle mass requirements and conditional mass limits, thereby facilitating the movement of essential goods, equipment, machinery, and materials to areas impacted by floods. The Notice is designed to allow road trains up to 36.5 meters in length to operate on specified routes, ensuring that the necessary resources are available to build or maintain flood mitigation works. This exemption Notice was issued by the National Heavy Vehicle Regulator and aims to streamline the transport process in disaster-stricken regions, thereby supporting recovery and resilience efforts.

Scope and Application

The Heavy Vehicle National Law National Class 3 Supplementary Access (South Australia Floods) Exemption Notice 2022 (No. 1) provides an exemption from certain mass requirements for heavy vehicles transporting goods, equipment, machinery, and other materials related to flood mitigation works in South Australia. This Notice applies to road trains that do not exceed 36.5 metres in length and meet the definition of a Type-1 road train as outlined in the National Class 2 Road Train Authorisation Notice. The exemption allows these vehicles to operate on specified networks and routes within South Australia, as detailed in section 10 of the Notice, for the purpose of building or maintaining flood mitigation works, or for return journeys after completing such tasks. The Notice exempts eligible vehicles from specific mass limits outlined in the Heavy Vehicle (Mass Dimension and Loading) National Regulation, subject to conditional mass limits set out in the Notice. The exemption is strictly limited to vehicles operating on the stated routes and areas within South Australia, and it expires 14 days after its commencement. The Notice also imposes specific conditions on axle masses, certified road-friendly suspension systems, and mass management accreditation for drivers of vehicles with tri-axle groups exceeding regulation mass limits.

Key Provisions

The main sections of the National Class 3 Supplementary Access (South Australia Floods) Exemption Notice 2022 (No.1) provide a framework for the exemption of certain heavy vehicles from specific axle mass requirements and conditional mass limits. This exemption applies to road trains up to 36.5m in length, aiming to facilitate the transport of goods, equipment, machinery, and materials for flood mitigation works in specified areas of South Australia (section 7). The Notice is made under Section 117 of the Heavy Vehicle National Law (HVNL), which grants the Regulator the power to exempt a category of class 1 or class 3 heavy vehicles (section 2). The Notice commences on the date of its publication and expires 14 days after that (sections 4 and 5). Eligible vehicles are those that are road trains not exceeding 36.5m in length and meet the definition of a Type-1 road train as per the National Class 2 Road Train Authorisation Notice (section 7). The Notice imposes several obligations on the parties involved. Firstly, eligible vehicles are exempt from certain mass requirements under Schedule 1 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation, but only to the extent provided by the conditional mass limits outlined in this Notice (section 9). Secondly, these vehicles must adhere to specific axle mass limits as detailed in Table 1, with different limits set for tandem axle groups fitted with 6 or 8 tyres and triaxle groups fitted with 12 tyres (section 9). Furthermore, eligible vehicles must comply with road, travel, and vehicle conditions as stipulated in sections 160, 161, and 162 of the HVNL (section 10). Additionally, eligible vehicles must be equipped with certified road-friendly suspension systems for axle groups exceeding regulation mass limits, and any such systems or equipment must be functioning (section 11). Lastly, if an eligible vehicle is fitted with a tri-axle group exceeding regulation mass limits, the driver must hold mass management accreditation (section 12). The Notice also outlines potential consequences for breaches of its provisions. While the Notice itself does not explicitly state penalties for non-compliance, breaches of the conditions set out in the HVNL or the regulations could lead to significant civil or criminal penalties. For example, operating a heavy vehicle in a manner that does not comply with the HVNL or its regulations could result in substantial fines and other enforcement actions. It is important to note that the actual penalties would be determined based on the specific breaches of the HVNL or related regulations, rather than the Notice itself.

Legal classification tags

Area of Law
Commercial Law
Environmental Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Commencement Provisions
Exemptions & Exclusions
Regulatory Standards
Compliance Obligations
Catchwords
Conditions – Mass (axle masses)
Conditions – Certified road-friendly suspension systems
Conditions – Mass Management Accreditation

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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.