National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2023 (No.2)

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

Legislation au C2023G00086 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2023 (No.2)

 

  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.

 

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

 

 This Notice references a new map published by the National Heavy Vehicle Regulator that contains road, travel and vehicle conditions that may be updated from time to time.

 

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.2).

 

4.       Commencement date

 

This Notice commences on 23 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 by the National Heavy Vehicle Regulator:

Supplementary Access (Western Australia Assistance)

 

Note: the network above is published on the NHVR’s Portal under the Route Planner Tool.

 

 the network listed above contains road and travel conditions for specified sections of road that are conditions of this Notice for the purpose of section10(2).

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. 2) was enacted to address the immediate need for increased freight capacity on alternative road networks due to disruptions caused by natural disasters. This Notice was authorised under Section 117 of the Heavy Vehicle National Law, granting exemptions to certain axle mass requirements and providing alternative conditional mass limits for Class 3 heavy vehicles, specifically road trains, up to 53.5 metres in length, travelling from Western Australia to South Australia. The Notice comes into effect on 23 January 2023 and expires on 28 February 2023, allowing for temporary adjustments to accommodate urgent logistics needs during periods of infrastructural challenges. The exemption applies to vehicles that meet specified conditions, including the use of certified road-friendly suspension systems and, where applicable, mass management accreditation for drivers.

Scope and Application

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2023 (No.2) applies to Class 3 heavy vehicles, specifically road trains that do not exceed 53.5 meters in length and certain mass limits, which are transporting goods from Western Australia to South Australia or vice versa along the specified routes detailed in section 10 of the Notice. This Notice authorises exemptions from certain mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation) to facilitate increased freight capacity during a period when regular rail and road freight routes are disrupted by natural disasters. The exemption applies to vehicles meeting all the conditions set out in the Notice, but it is important to note that apart from the exempted mass limits, a vehicle must still comply with all other requirements of the Heavy Vehicle National Law. This Notice is in effect from 23 January 2023 and will expire on 28 February 2023. The Notice applies to vehicles operating within the specified routes set out in Schedule 1 of the Notice, which can be accessed via the National Heavy Vehicle Regulator's Route Planner Tool. The Notice exempts eligible vehicles from certain mass requirements under the MDL Regulation, but only to the extent provided by the specific conditional mass limits outlined in section 9 of this Notice. Additionally, eligible vehicles must comply with road, travel, and vehicle conditions as stipulated in sections 160, 161, and 162 of the Heavy Vehicle National Law, and they must be fitted with certified road-friendly suspension systems for tandem and tri-axle groups that exceed regulation mass limits. Furthermore, if a tri-axle group on an eligible vehicle exceeds regulation mass limits, the driver must hold mass management accreditation for the vehicle. This Notice is made under section 117 of the Heavy Vehicle National Law and references a map published by the National Heavy Vehicle Regulator, which contains road, travel, and vehicle conditions that may be updated from time to time.

Key Provisions

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2023 (No.2) provides key exemptions to certain axle mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation) for Class 3 heavy vehicles operating between Western Australia and South Australia. This Notice is designed to allow increased freight capacity on alternative road networks during a period when regular rail and road freight routes are cut by natural disaster. It specifies that eligible vehicles must not exceed certain lengths and mass limits, and must comply with road, travel, and vehicle conditions set out in the Notice (section 8 and 10). Eligible vehicles include road trains not exceeding 53.5m in length, transporting goods between Western Australia and South Australia along specified routes (section 7). The obligations imposed by this Notice on parties include ensuring that vehicles comply with specified mass limits for tandem and tri-axle groups, which are set at 17t and 22.5t respectively (section 9). Vehicles must also be fitted with certified road-friendly suspension systems for axle groups exceeding regulation mass limits, and drivers must hold mass management accreditation if the vehicle is fitted with a tri-axle group exceeding regulation mass limits (sections 11 and 12). Additionally, vehicles must adhere to road, travel, and vehicle conditions as specified in the Notice and comply with all other requirements of the Heavy Vehicle National Law (section 7). Breaches of this Notice may result in serious consequences. Although the Notice itself does not explicitly detail penalties, non-compliance with the Heavy Vehicle National Law can lead to significant penalties. For instance, offences related to vehicle mass and dimension can incur fines of up to $49,500 for corporations and $9,900 for individuals, with additional penalties for repeat offences. Non-compliance with the Notice’s conditions could also lead to vehicle impoundment and other enforcement actions by the relevant authorities. The Notice is very clear that all official traffic signs must be complied with, and failure to adhere to these can result in further penalties under traffic laws.

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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.