National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2024 (No.2)

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Legislation au C2024G00201 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2024 (No.2)

 

  1. Purpose

 

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

 

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 Notice may be cited as the National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2024 (No.2).

 

4.       Commencement date

 

This Notice commences on 30 March 2024.

 

5.       Expiry date

 

This Notice expires on 3 April 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.2) was enacted to provide temporary relief for the movement of eligible Class 3 heavy vehicles, specifically road trains up to 53.5 metres in length, between South Australia and Western Australia. This exemption was introduced to address the operational challenges caused by natural disasters affecting regular rail and road freight routes, thereby ensuring continued freight capacity on alternative specified areas or routes. This Notice was made under the authority of the Heavy Vehicle National Law, specifically section 117, which grants the Regulator the power to exempt certain classes of heavy vehicles. The policy objective is to facilitate the movement of critical goods and services by temporarily relaxing certain axle mass requirements and imposing alternative conditional mass limits, while ensuring that all other regulatory requirements are met. The Notice applies to eligible vehicles operating between specified points in South Australia and Western Australia, with strict conditions governing the mass limits of axle groups, the need for certified road-friendly suspension systems, and the requirement for drivers to hold mass management accreditation for tri-axle groups exceeding regulation mass limits. This exemption is designed to be temporary, commencing on 30 March 2024 and expiring on 3 April 2024, ensuring that the flexibility provided is timely and targeted to address the immediate needs arising from the natural disaster.

Scope and Application

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2024 (No.2) applies to Class 3 heavy vehicles, specifically road trains up to 53.5m in length, that are transporting goods between South Australia and Western Australia on specified routes during a period when regular rail and road freight routes are affected by natural disaster. The Notice provides exemptions from certain axle mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, with specific conditional mass limits set out for tandem and tri-axle groups. The exemption is applicable only to vehicles operating on the stated routes, which must adhere to road, travel, and vehicle conditions as outlined in the Heavy Vehicle National Law. The exemption is designed to facilitate increased freight capacity by easing the regulatory burden on eligible vehicles during critical times. The Notice also mandates that vehicles meet certain conditions, such as the installation of certified road-friendly suspension systems and compliance with mass management accreditation for drivers of vehicles with tri-axle groups exceeding regulation mass limits. The Notice is made under the Heavy Vehicle National Law and commenced on 30 March 2024, expiring on 3 April 2024, unless otherwise extended or modified by subordinate instruments.

Key Provisions

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2024 (No. 2) is designed to provide relief to Class 3 heavy vehicles in the form of road trains up to 53.5 metres in length, facilitating movement between South Australia and Western Australia during periods when regular rail and road freight routes are impacted by natural disasters. This Notice, which comes into effect on 30 March 2024 and expires on 3 April 2024, exempts certain axle mass requirements under Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation and sets alternative conditional mass limits to enhance freight capacity on specified routes (sections 1, 4, 5, and 9). The Notice applies to vehicles that meet all outlined requirements, including those transporting goods along specified routes or making return journeys (section 7). Under this Notice, eligible vehicles are required to adhere to specified mass limits for axle groups to ensure road safety and infrastructure integrity. Specifically, tandem axle groups must not exceed 17 tonnes, and tri-axle groups must not exceed 22.5 tonnes (section 9). Furthermore, vehicles must be equipped with certified road-friendly suspension systems when exceeding regulation mass limits, and these systems must be operational at all times (section 11). Additionally, if a vehicle is fitted with a tri-axle group that exceeds regulation mass limits, the driver must hold mass management accreditation (section 12). Vehicles must also comply with road conditions, travel conditions, and vehicle conditions as stipulated in the Heavy Vehicle National Law (section 10). Breaches of the conditions set out in this Notice may lead to legal consequences. While the Notice does not explicitly state penalties, violations of the Heavy Vehicle National Law generally entail a range of penalties. These can include fines, suspension of licenses, and in severe cases, prosecution leading to imprisonment. The specific penalties would depend on the nature and severity of the breach, as outlined in the overarching Heavy Vehicle National Law and its associated regulations.

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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.