National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No.1)

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

Legislation au C2022G00076 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No.1)

 

  1. Purpose

 

This Notice authorises the access of Class 3 heavy vehicles that are road trains up to 53.5m in length to a specified network between South Australia to West 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 117Regulator’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 (Western Australia Assistance) Exemption Notice 2022 (No.1).

 

4.       Commencement date

 

This Notice commences on the date of its publication.

 

5.       Expiry date

 

This Notice expires 28 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 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 class 2 road train that does not exceed 53.5m in length, and that meets the definition of a Type-2 road train under section 6 of the National Class 2 Road Train Authorisation Notice 2020.

 

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

 

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

 

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

 

4)      This Notice only applies to a heavy vehicle operating in the stated routes 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.   Condition – Areas and Routes

 

1)      For the purposes of section 121(1)(c) of the HVNL, the network set out in Schedule 1 consists of the stated areas and routes 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 – Vehicle conditions

 

1)      The following specified axle groups on eligible vehicles operating under this Notice must be fitted with the following:

 

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, the driver of the vehicle must hold mass management accreditation for the vehicle.

 

13.   Condition Continuity of route

 

1)      An eligible vehicle must follow a route specified in section 10 either:

 

a)      from the route’s start point to its end point; or

b)      on a return journey after a journey under a) from the route’s end point to its start point.

 

2)      The start and end point of the routes are specified in Schedule 1.

 

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator


Schedule 1 Stated Routes and Areas

Table 1 and table 2 set out stated routes authorised under this Notice pursuant to section 10.

Pursuant to section 13 of the Notice, the start and end point of the route are specified in Column 2.

 

Table 1: Stated Route – Port Augusta to Western Australia Border

This network is also identified as Route ID 16ILH-8 v1, as maintained in the records of the National Heavy Vehicle Regulator.

Column 1

Column 2

Stated area or Route

Notes

Approved 53.5m HML Road Train Network, Port Augusta West – Lincoln Gap

Start Point

Eyre Hwy, Lincoln Gap - Nullarbor

 

SA / WA Border, Eyre Highway, Nullarbor

End Point

 

Table 2: Stated Route Whyalla Barson to Western Australia Border

This network is also identified as Route ID 16ILK-4 v2, as maintained in the records of the National Heavy Vehicle Regulator.

Column 1

Column 2

Stated area or Route

Notes

Whyalla Steel Terminal, Lincoln Highway, Whyalla Barson

Start Point

Lincoln Highway, Whyalla Barson – Lincoln Gap

 

Eyre Highway, Lincoln Gap – Nullarbor

 

SA / WA Border, Eyre Highway, Nullarbor

End Point

 

Note: Regardless of any conditions in Column 2 of a table in this Schedule, all official traffic signs must be complied with.

Caution to be taken at the intersection of Eyre Hwy from Lincoln Hwy. A left turn cannot be commenced until intersection is clear.

Rail clearance should be obtained prior to travel pursuant to Australian Rail Track Corporation requirements.

 

Overview

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No.1) was enacted to address a gap in freight transport capacity in Western Australia caused by natural disasters that disrupted regular rail and road freight routes. This Notice was issued by the National Heavy Vehicle Regulator under the authority of the Heavy Vehicle National Law, specifically Section 117, which empowers the Regulator to exempt certain categories of heavy vehicles from specific mass requirements. The primary policy objective of this Notice is to facilitate increased freight capacity through alternative road networks by providing exemptions to axle mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This exemption allows for the movement of Class 3 heavy vehicles, specifically road trains up to 53.5 metres in length, between South Australia and Western Australia under specified conditions. The Notice outlines conditional mass limits, vehicle requirements, and specified routes to ensure safe and compliant transport operations during this critical period.

Scope and Application

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No.1) applies to heavy vehicles specifically designed as Class 2 road trains that do not exceed 53.5 metres in length and meet the definition of a Type-2 road train under section 6 of the National Class 2 Road Train Authorisation Notice 2020. This Notice permits these vehicles to operate on designated routes between South Australia and Western Australia to facilitate increased freight capacity during periods when other rail and road freight routes are disrupted by natural disasters. This exemption notice is applicable to vehicles transporting goods from South Australia to Western Australia and those making return journeys from Western Australia to South Australia after completing a journey in the opposite direction. The exemption applies only to vehicles operating on the specific routes outlined in Section 10 of the Notice. Apart from the exempted mass limits, vehicles must adhere to all other requirements of the Heavy Vehicle National Law. The Notice grants exemptions from certain mass requirements under Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, with specific conditional mass limits applicable as detailed in Section 9.

Key Provisions

The main operative sections of the National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No.1) pertain to the exemptions and conditions that apply to Class 3 heavy vehicles, specifically road trains up to 53.5m in length, travelling between South Australia and Western Australia. The Notice exempts these vehicles from certain axle mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (sections 8 and 9). This exemption is to facilitate increased freight capacity on alternative road networks during a period when regular rail and road freight routes are disrupted by natural disaster. The Notice applies to vehicles meeting specific criteria, such as being a Type-2 road train, operating on specified routes, and complying with certain vehicle conditions (section 7). The obligations imposed on parties or entities governed by this Act include strict compliance with the conditions set forth in the Notice. Eligible vehicles must adhere to specified mass limits for tandem and tri-axle groups, which are 17t and 22.5t respectively (section 9). Additionally, vehicles must be equipped with certified road-friendly suspension systems for tandem and tri-axle groups and any such equipment must be functioning during operation (section 11). Drivers of vehicles fitted with a tri-axle group must hold mass management accreditation (section 12). Furthermore, vehicles must follow the specified routes from the start point to the end point or vice versa as per the Notice (section 13). Breach of any conditions set out in this Notice can lead to civil and criminal consequences. The Notice does not explicitly state the penalties for non-compliance, but breaches of the Heavy Vehicle National Law generally can result in significant fines and potential disqualification from driving. In addition, vehicles that fail to comply with the specified mass limits and other conditions may be subject to enforcement actions by the National Heavy Vehicle Regulator, which could include impoundment of the vehicle or cessation of the vehicle's operation until compliance is achieved.

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National Class 3 Supplementary Access
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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.