National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2023 (No.1)

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

Legislation au C2023G00017 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2023 (No.1)

 

  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 from Western Australia to South 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 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 2023 (No.1).

 

4.       Commencement date

 

This Notice commences on 5 January 2023.

 

5.       Expiry date

 

This Notice expires on 28 February 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 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.

 

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

 

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

 

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

 

4)      This Notice only applies to a heavy vehicle operating in the stated route 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.

 

 

Brayden Soo

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator


Schedule 1 Stated Routes and Areas

  1. Condition – Routes

 

Pursuant to section 10 of this Notice, an eligible vehicle may operate on the following network published on the National Heavy Vehicle Regulator’s Route Planner:

 

Route ID - 1BGJU-1

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

2.       Condition – Continuity of route

 

An eligible vehicle must follow the route specified in section 1 of this Schedule from the route’s start point to its end point.

 

Note: Regardless of any conditions of this Notice or a route published 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 Heavy Vehicle National Law National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2023 (No.1) was enacted to address the logistical challenges faced by freight transport between Western Australia and South Australia due to natural disasters disrupting conventional routes. This Notice, issued by the National Heavy Vehicle Regulator under the authority granted by the Heavy Vehicle National Law, aims to facilitate the temporary access of certain heavy vehicles to alternative routes, thus enhancing freight capacity during critical periods. This exemption applies specifically to Class 3 heavy vehicles, specifically road trains up to 53.5m in length, allowing them to operate under conditional mass limits that deviate from the standard regulations. The Notice specifies particular mass limits for axles and mandates the use of certified road-friendly suspension systems and compliance with road conditions to ensure safety and infrastructure preservation. The exemption is effective from 5 January 2023 until 28 February 2023, providing a temporary solution to bridge the gap caused by the disruption to regular freight services.

Scope and Application

The Heavy Vehicle National Law National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2023 (No.1) pertains to Class 3 heavy vehicles, specifically road trains up to 53.5m in length, that are authorised to access a specified network from Western Australia to South Australia. This exemption notice provides relief from certain axle mass requirements under Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation) and establishes alternative conditional mass limits. The exemption is intended to enhance freight capacity on alternative road networks during times when regular rail and road freight routes are disrupted by natural disasters. This Notice applies to heavy vehicles that meet the specified conditions, including the defined mass limits and operational routes, and it is designed to allow eligible vehicles to operate under certain exemptions while ensuring compliance with other requirements of the Heavy Vehicle National Law. The Notice applies to heavy vehicles that are road trains not exceeding 53.5m in length and must adhere to the specified mass limits outlined in section 9 of the Notice. The exemption applies to vehicles transporting goods from Western Australia to South Australia and vice versa along the routes detailed in section 10. It is important to note that while certain mass requirements are exempted, vehicles must still comply with all other regulatory provisions of the Heavy Vehicle National Law. The Notice also mandates that eligible vehicles be fitted with certified road-friendly suspension systems for specific axle groups exceeding regulation mass limits and that drivers hold mass management accreditation for vehicles equipped with tri-axle groups exceeding regulation mass limits. The exemption is effective from 5 January 2023 and will expire on 28 February 2023, providing a temporary solution to facilitate freight transport during a period of natural disaster-induced disruption.

Key Provisions

The main operative sections of this Notice (sections 7 to 12) detail the conditions under which Class 3 heavy vehicles, specifically road trains, can be exempted from certain mass requirements when transporting goods between Western Australia and South Australia. Section 7 specifies that the Notice applies to road trains up to 53.5m in length, provided they meet certain mass limits and other conditions. Section 8 exempts eligible vehicles from specific mass requirements outlined in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation), subject to conditional mass limits set out in section 9. Section 9 outlines the mass limits for tandem and tri-axle groups, which must not exceed 17t and 22.5t respectively. Section 10 details the specific routes and areas where these vehicles can operate, while sections 11 and 12 outline the requirements for certified road-friendly suspension systems and mass management accreditation. The Notice imposes several obligations on parties involved. Vehicles must comply with the specified mass limits and conditions to be eligible for the exemptions granted. They must also ensure that any specified axle groups are fitted with certified road-friendly suspension systems if they exceed regulation mass limits, and that any such systems are functioning. Additionally, drivers of vehicles with tri-axle groups that exceed regulation mass limits must hold mass management accreditation. Vehicles must also adhere to road, travel, and vehicle conditions as outlined in the Heavy Vehicle National Law (HVNL). Breaches of the conditions set out in this Notice may result in various consequences. While the Notice does not specify detailed penalties, breaches of the HVNL generally can lead to both civil and criminal consequences. For instance, operating a vehicle that does not comply with the specified conditions can result in fines and penalties. In more serious cases, such as causing damage to infrastructure or harm to persons due to non-compliance, criminal charges may apply, potentially leading to imprisonment. The exact penalties would depend on the specific breach and the provisions of the HVNL and related regulations.

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Commercial Law
Instrument
Gazette Notice
Concepts
Commencement Provisions
Exemptions & Exclusions
Regulatory Standards
Reporting & Disclosure Obligations
Conditions & Restrictions
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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.