National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No.4)

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

Legislation au C2022G01137 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No.4)

 

  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 between South Australia to Western 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.

 

2)      This Notice replaces the National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No.3).

 

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.

This version of the Notice provides additional access for A-doubles towing a converter dolly on prescribed roads.

2.       Authorising provision

 

3)      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 (Western Australia Assistance) Exemption Notice 2022 (No.4).

 

4.       Commencement date

 

This Notice commences on 18 November 2022.

 

 

 

5.       Expiry date

 

This Notice expires on 1 December 2022.

 

 

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 2020.

 

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

 

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

 

b)      making a return journey along the routes specified in section 10 from Western 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.   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.

 

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.

 

Peter Caprioli

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator


Schedule 1 Stated Routes and Areas

  1. Routes and Areas - Road trains that do not exceed 53.5m in length

 

1)      Tables 1 and 2 set out stated routes pursuant to section 10. An eligible vehicle may operate on the route set out in column 1 under the conditions noted in column 2 or each table.

 

2.       Condition – Continuity of route

 

1)      An eligible vehicle must follow the route specified in Table 1 or 2 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 route are specified in Column 2 of each table.

 

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.

 

3.       Routes and Areas - Class 2 road train that is a compliant A-double towing a converter dolly

 

1)      Table 3 sets out a stated route pursuant to section 10 of the Notice.

 

2)      An eligible vehicle that is an A-double towing a converter dolly may operate on a prescribed roads listed in Table 3.

 

3)      In this section, A-Double has the same meaning as under section 6 of the National Class 2 Road Train Authorisation Notice 2020.

Table 3: Stated Routes – Eligible vehicle that is an A-double towing a converter dolly

Prescribed Roads

Victoria Road,  North Haven – Port Adelaide

Semaphore Rd, Port Adelaide - Glanville

Causeway Rd, Glanville – Port Adelaide

Bower Rd, Port Adelaide

Francis St, Port Adelaide

Port River Expressway, Port Adelaide - Wingfield

Hanson Rd, Wingfield

Cormack Rd, Wingfield

Grand Junction Rd, Port Adelaide – Gepps Cross

Cavan Rd, Dry Creek

South Rd, Regency Park - Wingfield

Salisbury Highway, Wingfield – Dry Creek

Port Wakefield Rd, Gepps Cross – Virginia

Waterloo Corner Rd, Waterloo Corner

Hodgson Rd, Bolivar

North – South Motorway / Northern Connector, Regency Park – Waterloo Corner (including on and off ramps)

Port Wakefield Hwy, Virginia – Port Wakefield

Augusta Hwy, Port Wakefield to Port Augusta West

 

Note: The access provided on the prescribed roads in Table 3 is intended to allow the transport converter dollies to and from the start point of the network in Table 1.

 

Overview

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No. 4) was introduced to address the issue of natural disasters disrupting regular rail and road freight routes between South Australia and Western Australia, which necessitated increased freight capacity on alternative road networks. Enacted by the National Heavy Vehicle Regulator under the Heavy Vehicle National Law, the primary policy objective of this exemption notice is to facilitate the transportation of goods during such emergencies by allowing specified heavy vehicles to bypass certain axle mass requirements. The notice provides exemptions for Class 3 heavy vehicles, specifically road trains up to 53.5 meters in length, and outlines conditional mass limits and other requirements for these vehicles to operate on designated routes during the period of the exemption. This notice aims to ensure that essential freight services can continue despite the challenges posed by natural disasters.

Scope and Application

This Notice authorises the exemption of certain mass requirements for Class 3 heavy vehicles, specifically road trains up to 53.5 meters in length, facilitating their access between South Australia and Western Australia. This exemption is in place to accommodate increased freight capacity on alternative road networks during a period when regular rail and road freight routes are disrupted by natural disasters. The Notice applies to heavy vehicles that meet specific conditions, including a maximum length of 53.5 meters, specified mass limits, and compliance with the definition of a Type-2 road train. The exemption applies to vehicles transporting goods from South Australia to Western Australia or vice versa along the prescribed routes and areas outlined in the Notice. The exemption applies to the extent provided by specific conditional mass limits and is subject to other regulatory conditions, such as road and travel conditions, vehicle conditions, and requirements for certified road-friendly suspension systems and mass management accreditation. The Notice is in force from 18 November 2022 until 1 December 2022 and is made under the Heavy Vehicle National Law.

Key Provisions

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No.4) outlines specific exemptions for Class 3 heavy vehicles, particularly road trains, facilitating their access between South Australia and Western Australia. This Notice allows road trains up to 53.5 meters in length to bypass certain axle mass requirements under Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation) (section 8). The Notice is made under Section 117 of the Heavy Vehicle National Law (HVNL), which grants the Regulator the power to exempt certain heavy vehicles (section 3). The Notice imposes several obligations on the parties involved. Eligible vehicles must adhere to specific mass limits for axles, not exceeding 17 tonnes for a tandem axle group and 22.5 tonnes for a tri-axle group (section 9). These vehicles must also be fitted with certified road-friendly suspension systems if they exceed regulation mass limits and must comply with road, travel, and vehicle conditions specified in the HVNL (sections 10, 11, and 12). If a vehicle has a tri-axle group that exceeds regulation mass limits, the driver must hold mass management accreditation (section 12). Furthermore, eligible vehicles must follow specified routes from start to end points as detailed in Schedule 1 (section 10). Breaching the conditions set out in this Notice can result in significant consequences. Although the Notice does not explicitly state penalties for violations, under the HVNL, breaches may incur civil or criminal penalties. For example, operating a heavy vehicle in a manner that contravenes the HVNL can result in fines and imprisonment. The exact penalties depend on the nature and severity of the breach but can include substantial fines and terms of imprisonment for serious offences. It is crucial for operators and drivers to comply strictly with the Notice to avoid these potential penalties.

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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.