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

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

Legislation au C2024G00220 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

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

 

  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.3).

 

4.       Commencement date

 

This Notice commences on 4 April 2024.

 

5.       Expiry date

 

This Notice expires on 10 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.3) was enacted to address the problem of freight capacity constraints caused by natural disasters affecting regular rail and road freight routes between South Australia and Western Australia. The Notice was issued under the Heavy Vehicle National Law (HVNL) and aims to provide temporary relief by exempting certain heavy vehicles from specific axle mass requirements, facilitating the movement of goods along specified routes. This exemption allows for the operation of road trains up to 53.5 meters in length, provided they adhere to the conditional mass limits and other specified conditions. The Notice was issued by the National Heavy Vehicle Regulator and will be in effect from 4 April 2024 until 10 April 2024, providing a short-term solution to ensure the continuity of essential freight services during the period of disruption. The Notice applies to eligible Class 3 heavy vehicles that meet the criteria outlined, including those transporting goods between the specified areas or on return journeys, provided they comply with the conditions related to road, travel, and vehicle requirements. It also mandates the use of certified road-friendly suspension systems and requires drivers to hold mass management accreditation if the vehicle's tri-axle group exceeds regulation mass limits. The exemption is strictly limited to the specified routes, ensuring that all other regulatory requirements of the HVNL are adhered to.

Scope and Application

This Notice, which commences on 4 April 2024 and expires on 10 April 2024, provides exemptions for Class 3 heavy vehicles, specifically road trains up to 53.5m in length, to certain mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. It applies to eligible Class 2 road trains transporting goods from South Australia to Western Australia or making return journeys along specified routes, as detailed in Schedule 1 of this Notice. The exemptions are conditional, subject to specified mass limits for tandem and tri-axle groups, and require compliance with road, travel, and vehicle conditions. Additionally, eligible vehicles must have 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. This Notice does not affect compliance with other requirements of the Heavy Vehicle National Law. The exemptions outlined in this Notice are limited to the specified routes from Lincoln Gap to the Western Australia Border, as defined in Schedule 1, and require adherence to all relevant traffic signs and rail clearance requirements. The exemption is applicable only to heavy vehicles operating on the routes specified in section 10, with strict adherence to continuity of route from start to end point or vice versa. This Notice is made under the authority provided by the Heavy Vehicle National Law and is intended to facilitate increased freight capacity in response to disruptions in regular rail and road freight routes due to natural disasters.

Key Provisions

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2024 (No.3) provides specific exemptions to Class 3 heavy vehicles, specifically road trains up to 53.5 metres in length, to operate along a specified route from South Australia to Western Australia. This exemption is granted under section 117 of the Heavy Vehicle National Law (HVNL) and is intended to facilitate increased freight capacity during periods when regular routes are disrupted due to natural disasters (section 7). The Notice applies to Class 2 road trains that do not exceed 53.5 metres in length and are transporting goods between South Australia and Western Australia along the routes specified in section 10 (section 7(2)-(4)). Vehicles that meet these criteria are exempt from certain mass requirements under Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, specifically those outlined in section 4, which pertains to mass limits for a single axle or axle group (section 8(1)). However, this exemption is conditional, applying only to the extent provided by specific conditional mass limits outlined in section 9 of the Notice (section 8(2)). The Notice imposes several conditions on eligible vehicles. Firstly, tandem axle groups must not exceed 17 tonnes and tri-axle groups must not exceed 22.5 tonnes (section 9(1)). Vehicles must also comply with road conditions under section 160, travel conditions under section 161, and vehicle conditions under section 162 of the HVNL (section 10). Additionally, certain axle groups must be fitted with certified road-friendly suspension systems if they exceed regulation mass limits (section 11). Drivers of vehicles with tri-axle groups exceeding regulation mass limits must hold mass management accreditation (section 12). Failure to comply with these conditions may result in enforcement actions under the HVNL. The Notice stipulates that any breach of its provisions could lead to penalties under the HVNL. Although specific penalties are not detailed in the Notice, violations under the HVNL can result in fines and other enforcement actions, including vehicle impoundment and suspension of vehicle operation licenses. The maximum penalties for serious breaches can be substantial, depending on the severity and nature of the offence. It is crucial for operators to adhere strictly to the conditions set out in the Notice to avoid such consequences.

Legal classification tags

Area of Law
Commercial Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Offence Provisions
Enforcement Powers
Regulatory Standards
Catchwords
Exemption – Prescribed mass requirements
Conditions – Mass (axle masses)

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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.