National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2025 (No.1)

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

Legislation au C2025G00076 In force Gazette

Legislation content

HEAVY VEHICLE NATIONAL LAW

National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2025 (No.1)

 

  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.

 

  1.        Authorising provision

 

  1.       This Notice is made under the following provisions of the Heavy Vehicle National Law (HVNL):

 

  1.       Section 117 – Regulator’s power to exempt a category of class 1 or class 3 heavy vehicles

 

  1.        Title

 

This Notice may be cited as the National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2025 (No.1).

 

  1.        Commencement date

 

This Notice commences on 16 February 2025.

 

  1.        Expiry date

 

This Notice expires on 02 March 2025.

 


  1.        Definitions

 

Unless otherwise stated, words and expression used in this Notice have the same

meanings as those in the HVNL and its regulations.

 

  1.        Application

 

  1.       This Notice applies to a heavy vehicle that meets all of the requirements of this section.

 

  1.       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.

 

  1.       This Notice applies to a heavy vehicle that is:

 

  1.       transporting goods from South Australia to Western Australia along the routes specified in section 10; or

 

  1.       making a return journey along the routes specified in section 10 from Western Australia to South Australia after completing a journey under a).

 

  1.       This Notice only applies to a heavy vehicle operating in the stated routes set out in section 10.

 

  1.       A heavy vehicle to which this section applies is an eligible vehicle.

 

  1.        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):

 

  1.       section 4 – Mass limits for a single axle or axle group

 

  1.       An exemption in 1) only applies to the extent provided by specific conditional mass limits in section 9 of this Notice.

 

  1.        Conditions – Mass (axle masses)

 

  1.       An eligible vehicle operating under this Notice may not exceed the following mass limits relating to axles:

 

  1.       a tandem axle group – 17t
  2.       a tri-axle group – 22.5t.

 


  1.    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.

 

  1.       An eligible vehicle operating on an areas or routes under this section must comply with the following conditions relevant to it:

 

  1.       Road conditions pursuant to section 160 of HVNL; and
  2.       Travel conditions pursuant to section 161 of the HVNL; and
  3.        Vehicle conditions pursuant to section 162 of the HVNL.

 

  1.    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:

 

  1.       for tandem axle groups – a certified road-friendly suspension system
  2.       for tri-axle groups – a certified road-friendly suspension system

 

  1.       Any system or equipment specified in this section must be functioning when an eligible vehicle is operating under this Notice.

 

  1.    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.

 

 

Jose Arredondo

Manager Network Access Policy (Service Delivery)

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.

 

  1.        Condition – Continuity of route

 

  1.       An eligible vehicle must follow the route specified in Table 1 or 2 either:

 

  1.       from the route’s start point to its end point; or
  2.       on a return journey after a journey under a) from the route’s end point to its start point.

 

  1.       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 2025 (No. 1) was enacted to address the urgent need for increased freight capacity between South Australia and Western Australia in the event of disruptions to regular rail and road freight routes caused by natural disasters. This Notice was authorised under Section 117 of the Heavy Vehicle National Law, granting exemptions from certain mass requirements for eligible Class 3 heavy vehicles, specifically road trains up to 53.5m in length, on specified routes between the two states. The exemption is temporary, commencing on 16 February 2025 and expiring on 2 March 2025. It aims to facilitate the movement of goods during critical periods when other transport options are compromised, thereby ensuring continuity in freight operations. The Notice specifies conditional mass limits and requires compliance with various conditions, including road and travel conditions, vehicle conditions, and the fitting of certified road-friendly suspension systems for certain axle groups. The policy objective is to enhance the resilience of the freight transport system by providing alternative routes for heavy vehicles under specific circumstances.

Scope and Application

The National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2025 (No.1) applies to eligible Class 3 heavy vehicles, specifically road trains up to 53.5m in length, operating between South Australia and Western Australia. This exemption notice provides relief from certain mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation to facilitate increased freight capacity during periods when regular rail and road freight routes are impacted by natural disasters. The exemption applies only to vehicles adhering to the conditions set forth in the Notice, particularly those transporting goods along specified routes, and must comply with all other requirements of the Heavy Vehicle National Law. The exemption is geographically limited to the routes specified in Schedule 1, which outlines the allowed areas and routes from Port Augusta West – Lincoln Gap to the SA / WA Border, Eyre Highway, Nullarbor. The Notice will be in effect from 16 February 2025 until 02 March 2025, unless extended or modified by subordinate instruments.

Key Provisions

The key operative sections of the National Class 3 Supplementary Access (Western Australia Assistance) Exemption Notice 2025 (No. 1) provide exemptions from certain axle mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation) for eligible Class 3 heavy vehicles, specifically road trains up to 53.5m in length, operating between South Australia and Western Australia (sections 1, 2, 8, and 10). These vehicles must comply with alternative conditional mass limits and specified conditions regarding areas and routes, road and travel conditions, vehicle conditions, and certified road-friendly suspension systems (sections 9, 12, and 13). The Notice also specifies mass management accreditation requirements for drivers of vehicles with tri-axle groups exceeding regulation mass limits (section 13). This Act imposes several obligations on the parties it governs. Eligible vehicles must not exceed the specified conditional mass limits for tandem and tri-axle groups, which are 17t and 22.5t respectively (section 9). Vehicles must also adhere to road conditions as per section 160, travel conditions as per section 161, and vehicle conditions as per section 162 of the Heavy Vehicle National Law (HVNL) (section 12). Additionally, any tandem or tri-axle groups that exceed regulation mass limits must be fitted with certified road-friendly suspension systems (section 13). If a vehicle is fitted with a tri-axle group that exceeds regulation mass limits, the driver must hold mass management accreditation (section 13). Breach of the conditions set out in this Notice may result in civil and criminal consequences. Although specific penalties are not detailed in the text provided, breaches of the HVNL generally attract penalties that can include fines and imprisonment. For instance, under section 224 of the HVNL, the maximum penalty for an individual found guilty of an offence involving dangerous driving or negligent conduct can be up to $16,500 and/or imprisonment for two years. Additionally, section 238 of the HVNL states that a person who causes a death by dangerous driving can be fined up to $330,000 and/or imprisoned for up to 25 years. As this Notice is made under the HVNL, similar penalties could apply for non-compliance with its provisions.

Legal classification tags

Area of Law
National Transport Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

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.