National Heavy Vehicle Law - Australian Capital Territory Class 3 4.6m High Vehicle Dimension Exemption Notice 2019 (No.1)

Overview

The Australian Capital Territory Class 3 4.6m High Vehicle Dimension Exemption Notice 2019 was enacted to address the need for specific exemptions and conditional height limits for vehicles operating in the Australian Capital Territory that have a height greater than 4.3m but not greater than 4.6m. This notice, made under section 117 of the Heavy Vehicle National Law and section 169 of the Heavy Vehicle (General) National Regulation, was introduced to streamline the regulatory environment for such vehicles, ensuring they meet certain conditions while operating on specified networks. This notice replaces the previous Road Transport (Mass, Dimensions and Loading) 4.6m High Vehicle Exemption Notice 2010 (No 1). The policy objective is to provide a regulatory framework that balances the needs of heavy vehicle operators with the requirements for safe and efficient road usage. The notice applies to eligible vehicles that meet the specified requirements and operates within the Australian Capital Territory. It exempts these vehicles from certain mass requirements of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, provided that the vehicles adhere to the conditions set forth in the notice. These conditions include limiting the height of the vehicles to 4.6m and specifying the routes they can use, which must be approved both for 4.6m high semitrailers and B-doubles. The notice ensures that these vehicles are authorised to operate under specific conditions, thereby facilitating compliance and enhancing road safety.

Scope and Application

The Australian Capital Territory Class 3 4.6m High Vehicle Dimension Exemption Notice 2019 applies to heavy vehicles operating in the Australian Capital Territory that have a height greater than 4.3m but not exceeding 4.6m. This Notice serves to exempt eligible vehicles from certain mass requirements specified in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, provided that conditional masses are adhered to under section 9. To qualify as an eligible vehicle, the vehicle must comply with the conditions set out in section 7 of the Notice. One such condition is that eligible vehicles must not exceed 4.6m in height, and B-doubles including a 4.6m high semitrailer must comply with the relevant conditions outlined in the National Class 2 Heavy Vehicle B-double Authorisation Notice. Additionally, such vehicles may only use routes specified in the "4.6m High Network" on the Restricted Access Vehicle Networks as published by Transport Canberra & City Services, provided these routes are also approved for B-doubles according to the National Class 2 Heavy Vehicle B-double Authorisation Notice. This Notice, which comes into effect on 10 February 2019, will expire on 9 February 2024, and is made under section 117 of the Heavy Vehicle National Law and section 169 of the Heavy Vehicle (General) National Regulation.

Key Provisions

The Australian Capital Territory Class 3 4.6m High Vehicle Dimension Exemption Notice 2019 (No.1) (the Notice) offers exemptions from certain mass requirements of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the MDL Regulation) for eligible vehicles (section 7). These exemptions apply to heavy vehicles that are operating within the Australian Capital Territory and have a height greater than 4.3m but not greater than 4.6m (section 8). Eligible vehicles are defined as those that meet the requirements specified in section 7 of the Notice (section 6). The Notice imposes specific conditions on eligible vehicles to ensure compliance with the exemptions. Firstly, an eligible vehicle must not exceed 4.6m in height (section 9). Secondly, B-doubles that include a 4.6m high semitrailer must comply with any relevant conditions set out in the National Class 2 Heavy Vehicle B-double Authorisation Notice (section 10). Thirdly, a combination consisting of a prime mover and a 4.6m high semitrailer may use the map and/or list of routes specified in the “4.6m High Network” on the Restricted Access Vehicle Networks as published by Transport Canberra & City Services (section 11). Additionally, a B-double that includes a 4.6m high semitrailer may only use a route if it is also an approved B-double route as set out in the National Class 2 Heavy Vehicle B-double Authorisation Notice. The Notice does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, breaches of the MDL Regulation, including any exemptions granted under the Notice, may be subject to penalties under the Heavy Vehicle National Law (HVNL). Such penalties could include fines and potential revocation of vehicle authorisations. It is important for parties to adhere to the conditions specified in the Notice to avoid any adverse outcomes under the HVNL.