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

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

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HEAVY VEHICLE NATIONAL LAW

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

 

  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.2) upon its expiry. All exemptions, conditions and access are the same as the expiring Notice.

 

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.3).

 

4.       Commencement date

 

This Notice commences on 1 March 2023.


5.       Expiry date

 

This Notice expires on 30 June 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.3) was enacted to address the problem of increased freight capacity on alternative road networks during periods when regular rail and road freight routes are disrupted by natural disasters. This exemption notice was issued by the National Heavy Vehicle Regulator and aims to facilitate the movement of Class 3 heavy vehicles, specifically road trains up to 53.5 metres in length, from Western Australia to South Australia. The Notice allows these vehicles to bypass certain axle mass requirements under Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation and provides alternative conditional mass limits, thus enabling a more efficient movement of goods during critical times. The Notice comes into effect on 1 March 2023 and will expire on 30 June 2023, replacing the National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2023 (No.2).

Scope and Application

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2023 (No.3) pertains to Class 3 heavy vehicles, specifically road trains up to 53.5m in length, facilitating their access from Western Australia to South Australia. This Notice exempts certain axle mass requirements under Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, offering alternative conditional mass limits. It applies to eligible vehicles transporting goods on specified routes or making return journeys, with compliance required for road, travel, and vehicle conditions as per the Heavy Vehicle National Law. The Notice mandates that specified axle groups must be fitted with certified road-friendly suspension systems and that drivers of vehicles with tri-axle groups exceeding regulation mass limits must hold mass management accreditation. This exemption is in effect from 1 March 2023 to 30 June 2023, replacing the previous exemption notice and applying to vehicles meeting the Notice’s conditions and specified mass limits. The exemption does not extend beyond these conditions, and all other requirements of the Heavy Vehicle National Law must be adhered to.

Key Provisions

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2023 (No.3) (the Notice) allows certain Class 3 heavy vehicles, specifically road trains up to 53.5m in length, to travel from Western Australia to South Australia via a specified network. This exemption is intended to facilitate increased freight capacity when regular transport routes are disrupted by natural disasters (section 1). The Notice is made under the Heavy Vehicle National Law (HVNL) and specifically references Section 117, which allows the Regulator to exempt certain categories of heavy vehicles (section 2). The Notice commences on 1 March 2023 and expires on 30 June 2023 (sections 4 and 5). This Notice applies to eligible heavy vehicles that meet the defined criteria, such as not exceeding 53.5m in length and adhering to the specified mass limits (section 7). Eligible vehicles must be transporting goods from Western Australia to South Australia or making a return journey after completing such a trip. The Notice also specifies that the vehicles must operate on the routes outlined in section 10 of Schedule 1, which includes supplementary access routes published by the National Heavy Vehicle Regulator (sections 7 and 10). Vehicles that meet these criteria are considered eligible and can operate under the conditions set out in the Notice. Vehicles eligible under the Notice are exempt from certain mass requirements outlined in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (section 8). However, these exemptions come with specific conditions, such as mass limits for tandem and tri-axle groups, which must not exceed 17t and 22.5t respectively (section 9). Additionally, vehicles must comply with road conditions, travel conditions, and vehicle conditions as stipulated in sections 160, 161, and 162 of the HVNL (section 10). If axle groups exceed regulation mass limits, they must be fitted with certified road-friendly suspension systems, and the driver must hold mass management accreditation for tri-axle groups exceeding regulation mass limits (sections 11 and 12). Failure to comply with the conditions of this Notice may result in civil or criminal penalties as prescribed under the HVNL and its regulations. The exact penalties are not specified in the Notice but generally include fines and potential disqualification from driving. It is important for operators and drivers to adhere strictly to all conditions to avoid any legal repercussions.

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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.