National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No.5)

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

Legislation au C2022G01140 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No.5)

 

  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.4).

 

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

 

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 (Western Australia Assistance) Exemption Notice 2022 (No.5).

 

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 sets 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.

 

2.       Condition – Continuity of route

 

1)      An eligible vehicle must follow the route specified in Table 1:

 

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 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

 

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. 5) was enacted to address the logistical challenges arising from natural disasters that disrupt regular rail and road freight routes between South Australia and Western Australia. This exemption notice, made under the Heavy Vehicle National Law (HVNL), aims to facilitate the increased freight capacity by permitting certain Class 3 heavy vehicles, specifically road trains up to 53.5 meters in length, to operate on designated routes. The notice replaces its predecessor, the National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No. 4), and includes additional access for A-doubles towing a converter dolly on prescribed roads. This Notice is designed to provide temporary relief during periods of infrastructural disruption, ensuring that critical freight can still be transported efficiently. The notice came into effect on 18 November 2022 and will expire on 1 December 2022, unless extended by further notice.

Scope and Application

This Notice, which commences on 18 November 2022 and expires on 1 December 2022, applies to road trains that do not exceed 53.5 metres in length, transporting goods between South Australia and Western Australia along specified routes. The Notice applies to eligible vehicles that meet the definition of a Type-2 road train under the National Class 2 Road Train Authorisation Notice 2020 and comply with all other requirements of the Heavy Vehicle National Law. The Notice provides exemptions from certain mass requirements under Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, subject to specified conditional mass limits and other conditions, such as the installation of certified road-friendly suspension systems and compliance with road, travel, and vehicle conditions. The Notice also requires drivers of vehicles with tri-axle groups exceeding regulation mass limits to hold mass management accreditation. This Notice extends to the specified network between South Australia and Western Australia and applies only to vehicles operating within the stated routes outlined in Schedule 1. Exemptions and conditions are subject to the specific provisions of this Notice and the Heavy Vehicle National Law, and do not exempt vehicles from other regulatory requirements.

Key Provisions

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No. 5) (the "Notice") is a piece of legislation that grants specific exemptions to certain axle mass requirements for Class 3 heavy vehicles, namely road trains up to 53.5 meters in length, travelling between South Australia and Western Australia. The Notice allows for the increased freight capacity on alternative road networks during periods when regular rail and road freight routes are disrupted by natural disasters (s 1). This version of the Notice provides additional access for A-doubles towing a converter dolly on prescribed roads (s 2). The Notice is made under section 117 of the Heavy Vehicle National Law, which allows the Regulator to exempt a category of class 1 or class 3 heavy vehicles (s 2(a)). The Notice applies to eligible vehicles, which are heavy vehicles meeting the criteria outlined in section 8. An eligible vehicle is exempt from certain mass requirements under Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (s 8(1)). These vehicles must adhere to the conditional mass limits set in section 9, the conditions set in section 10, and the requirements of sections 11, 12, and 13. The vehicles must also comply with the road, travel, and vehicle conditions outlined in sections 160, 161, and 162 of the Heavy Vehicle National Law, respectively. A breach of any provision of the Notice or failure to comply with the conditions may result in criminal or civil penalties. The Notice does not specify the exact penalties for breach, but it is likely that they would be in line with the penalties outlined in the Heavy Vehicle National Law and its regulations. It is important to note that, apart from the exempted mass limits, an eligible vehicle must still comply with all other requirements of the Heavy Vehicle National Law. The Notice is effective from 18 November 2022 and will expire on 1 December 2022. This version of the Notice replaces the National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2022 (No. 4). The Notice applies to eligible vehicles operating on the specified routes and areas set out in Schedule 1. It is crucial for parties and entities governed by the Notice to adhere to the conditions and requirements set forth to avoid potential penalties or consequences.

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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.