National Class 3 Supplementary Access (South Australia Floods) Exemption Notice 2022 (No.2)

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

Legislation au C2022G01246 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Class 3 Supplementary Access (South Australia Floods) Exemption Notice 2022 (No.2)

 

  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.2).

 

4.       Commencement date

 

This Notice commences on 13 December 2022.

 

5.       Expiry date

 

This Notice expires on 13 January 2023.

 

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 National Class 3 Supplementary Access (South Australia Floods) Exemption Notice 2022 (No. 2) was enacted to address the urgent need for transporting goods, equipment, machinery, and other materials for building and maintaining flood mitigation works in South Australia. This legislation was introduced under the authority of the Heavy Vehicle National Law (HVNL), specifically Section 117, which empowers the Regulator to exempt a category of class 1 or class 3 heavy vehicles. The Notice was issued by the National Heavy Vehicle Regulator and aims to facilitate the movement of essential resources to areas affected by floods, thereby aiding in flood mitigation efforts. The Notice provides exemptions from certain axle mass requirements and conditional mass limits for road trains up to 36.5m in length, allowing them to operate on specified routes in South Australia from 13 December 2022 to 13 January 2023. The Notice is limited to vehicles transporting goods and materials directly related to flood mitigation works and requires compliance with specified mass limits, road conditions, travel conditions, and vehicle conditions to ensure safety and efficiency.

Scope and Application

This Notice applies to heavy vehicles that are road trains, which do not exceed 36.5m in length, and that meet the definition of a Type-1 road train as per the National Class 2 Road Train Authorisation Notice. It provides exemptions from certain axle mass requirements and conditional mass limits to these vehicles when transporting goods, equipment, machinery, and other materials along specified routes for the purpose of building or maintaining flood mitigation works. The Notice applies only to heavy vehicles operating in the stated areas and on the specified routes outlined in section 10, and only until the expiry date of 13 January 2023. The Notice also imposes conditions on these vehicles regarding axle mass limits, road and travel conditions, vehicle conditions, and the requirement for certified road-friendly suspension systems and mass management accreditation where applicable. The exemption applies only to the extent provided by the specific conditional mass limits set out in section 9 of this Notice.

Key Provisions

The National Class 3 Supplementary Access (South Australia Floods) Exemption Notice 2022 (No. 2) outlines the provisions under which certain heavy vehicles are authorised for specific operations in South Australia (Section 7). This authorisation applies to road trains that do not exceed 36.5 metres in length and meet the definition of a Type-1 road train as defined in the National Class 2 Road Train Authorisation Notice (Section 7(2)). The vehicles must be engaged in transporting goods, equipment, machinery, and other materials for building or maintaining flood mitigation works or making a return journey after completing such a journey (Section 7(3)). Furthermore, this authorisation is limited to specified areas and routes outlined in section 10 of the Notice (Section 7(4)). Vehicles that meet these criteria are considered eligible vehicles (Section 7(5)). The obligations imposed by this Notice include adherence to certain mass limits for axle groups and the requirement to fit certified road-friendly suspension systems for axle groups exceeding regulation mass limits (Section 9 and Section 11). Additionally, if a tri-axle group exceeds regulation mass limits, the vehicle driver must hold mass management accreditation (Section 12). Eligible vehicles must also comply with road conditions, travel conditions, and vehicle conditions as outlined in sections 160, 161, and 162 of the Heavy Vehicle National Law (HVNL) respectively (Section 10). Failure to comply with the conditions stipulated in this Notice may result in penalties. Although the specific penalties are not detailed in the Notice, breaches of the HVNL can generally result in both civil and criminal penalties, depending on the severity of the breach. Civil penalties can include fines, while criminal penalties can include imprisonment, particularly for serious or repeated offences. The maximum penalties for breaches of the HVNL are set out in the relevant sections of the legislation and can vary widely based on the nature and circumstances of the breach.

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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.