National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2024 (No.1)

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

Legislation au C2024G00182 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2024 (No.1)

 

  1. Purpose

 

1)      This Notice exempts eligible 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 specified areas or routes during a period when regular rail and road freight routes are affected by natural disaster.

 

Note: As a class 3 exemption, this Notice applies to any vehicle that complies with the conditions of this 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

 

2)      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 2024 (No.1).

 

4.       Commencement date

 

This Notice commences on 15 March 2024.

 

5.       Expiry date

 

This Notice expires on 29 March 2024.

 


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 class 2 road train that does not exceed 53.5m in length, and that 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 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 section 9 of this Notice.

 

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 areas or routes to which this Notice applies.

 

2)      An eligible vehicle operating on an areas 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.

 

 

Peter Austin

Director (Safety and Productivity)

National Heavy Vehicle Regulator


Schedule 1 Stated areas and routes

  1. Areas or routes

 

1)      Table 1 sets out stated routes pursuant to section 10 of this Notice. 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 – Lincoln Gap to Western Australia Border

Column 1

Column 2

Stated areas or routes

Notes

53.5m Road Train (HML), Port Augusta West – Lincoln Gap

Start Point

Eyre Hwy, Nullarbor

 

SA / WA Border, Eyre Highway, Nullarbor

End Point

 

Note: Regardless of any conditions in Column 2 of Table 1 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 rail owner requirements.

 

 

Overview

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2024 (No.1) was introduced to address the problem of reduced freight capacity during natural disasters by allowing certain Class 3 heavy vehicles to operate with exemptions from specific mass requirements. Enacted under the provisions of the Heavy Vehicle National Law (HVNL), this Notice aims to facilitate the transportation of goods between South Australia and Western Australia when regular freight routes are disrupted. Authorised by Section 117 of the HVNL, the Notice provides exemptions from certain mass limits while imposing alternative conditional mass limits and additional conditions such as certified road-friendly suspension systems and Mass Management Accreditation for drivers of vehicles with tri-axle groups exceeding regulation mass limits. This measure is effective from 15 March 2024 until 29 March 2024, providing temporary relief during periods of emergency.

Scope and Application

This exemption Notice, the National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2024 (No.1), applies to eligible Class 3 heavy vehicles, specifically road trains up to 53.5m in length, that are transporting goods between South Australia and Western Australia. This exemption is in response to disruptions caused by natural disasters on regular rail and road freight routes. The Notice grants exemptions to certain axle mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, provided that the vehicles comply with alternative conditional mass limits and other specified conditions. These conditions include adhering to road and travel conditions as per the Heavy Vehicle National Law, and the fitting of certified road-friendly suspension systems for certain axle groups exceeding regulation mass limits. Additionally, drivers must hold mass management accreditation if the vehicle is fitted with a tri-axle group that exceeds regulation mass limits. The Notice applies only to vehicles operating within the specified routes detailed in Schedule 1 and operates from 15 March 2024 until 29 March 2024. This exemption does not affect the application of any other requirements of the Heavy Vehicle National Law, and all other regulatory conditions remain in effect. The exemption Notice is made under section 117 of the Heavy Vehicle National Law, which allows for the exemption of a category of class 1 or class 3 heavy vehicles. The exemption Notice applies to vehicles that meet all of the requirements outlined, including those transporting goods on the specified routes and those making return journeys after completing a journey under the exemption. The Notice aims to facilitate increased freight capacity during a period when regular routes are disrupted, while still ensuring compliance with safety and operational standards.

Key Provisions

The main operative sections of the National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2024 (No.1) (the Notice) primarily focus on exempting certain Class 3 heavy vehicles from specific mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation) and providing alternative conditional mass limits (sections 7 and 8). The Notice applies to eligible Class 3 heavy vehicles, specifically road trains up to 53.5 meters in length, transporting goods between South Australia and Western Australia under specified conditions (sections 7 and 10). The exemption from certain mass requirements is conditional on adherence to specific mass limits relating to axles (section 9) and compliance with road, travel, and vehicle conditions (section 10). Additionally, vehicles exceeding regulation mass limits must be fitted with certified road-friendly suspension systems and the driver must hold mass management accreditation (sections 11 and 12). The obligations imposed by the Notice on the parties it governs include ensuring that eligible vehicles meet the specified conditions. This includes adhering to the prescribed mass limits for axles, complying with road, travel, and vehicle conditions, and having certified road-friendly suspension systems installed on axle groups exceeding regulation mass limits (sections 9, 10, and 11). Furthermore, drivers of vehicles with tri-axle groups exceeding regulation mass limits must hold mass management accreditation (section 12). The Notice also mandates that vehicles follow the specified routes from start to end point or on a return journey, complying with all official traffic signs and rail owner requirements (section 10). Breaches of the provisions outlined in the Notice may result in various civil or criminal consequences. However, the Notice does not explicitly state any offences, penalties, or specific consequences for non-compliance. It is implied that failure to comply with the conditions of the Notice could result in legal repercussions under the Heavy Vehicle National Law (HVNL) and its regulations. The severity and nature of these penalties would depend on the specific breach and the applicable sections of the HVNL and related regulations.

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Area of Law
Commercial Law
Transportation Law
Instrument
Gazette Notice
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Compliance Obligations
Exemptions & Exclusions
Catchwords
Exemption – Prescribed mass requirements

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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.