National Heavy Vehicle Law - New South Wales Higher Mass Limits Declaration 2020 (No.1)

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Legislation au C2020G00278 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

New South Wales Higher Mass Limits Declaration 2020 (No.1)

  1. Purpose

 

The purpose of this Declaration is to authorise the use of certain categories of heavy vehicles under higher mass limits on stated areas and routes and to state the intelligent access conditions under which these heavy vehicles may be used.

 

Note: The Heavy Vehicle National Law provides that B-doubles and road trains are class 2 heavy vehicles. This means that these heavy vehicles are restricted access vehicles and the operator of such a vehicle requires an authorisation from the National Heavy Vehicle Regulator before the vehicle may be used on a road.

 

This instrument declares the areas and routes on which stated categories of heavy vehicles including class 2 vehicles (other than a PBS vehicle), can operate at the Higher Mass Limits stated in Schedule 5 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This instrument does not exempt a B-double or road train from compliance with the conditions stated in a class 2 heavy vehicle authorisation (notice) for an area or route to which this declaration applies.

 

This Notice replaces the New South Wales Higher Mass Limits Declaration 2015 upon its expiry. Conditions are unchanged except for updated references to network maps and Intelligent Access Program provisions. 

 

2.       Authorising Provisions

This Declaration is made under section 12 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation).

 

3.       Title

 

This Declaration may be cited as the New South Wales Higher Mass Limits Declaration 2020.

 

4.       Commencement

 

This Declaration commences on 2 April 2020.

 

5.       Expiry

 

This Declaration expires on 1 April 2025.

 

 

 

 

6.       Definitions

 

1)       Unless otherwise stated, words and expressions used in this Declaration have the same meanings as in the Heavy Vehicle National Law.

 

2)       In this Declaration -

 

AB-triple has the same meaning as that term carries in the National Class 2 Road Train Authorisation Notice.

 

B-triple has the same meaning as that term carries in the National Class 2 Road Train Authorisation Notice.

 

HML heavy vehicle has the same meaning as that term carries in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.

 

Modular B-triple has the same meaning as that term carries in the National Class 2 Road Train Authorisation Notice.

 

Self Declaration Input Device (SDID) is a device that allows the transport operator (or person acting on behalf of the operator, including the driver) to enter the total mass of the vehicle or combination and any other required information.

 

Short combination means a three axle prime mover fitted with one steer axle and an eight tyred tandem drive axle group, towing a three axle semitrailer fitted with one twelve tyred triaxle group, that is not longer than 19m.

 

Type 1 road train has the same meaning as that term carries in the National Class 2 Road Train Authorisation Notice.

 

7.       Application

 

This Declaration applies in New South Wales to heavy vehicles that meet its conditions.

 

8.       Conditions - Class 2 vehicles other than PBS vehicles

 

1)       The driver or operator of a category of vehicle mentioned in Column 1 of Table 1 must comply will all conditions, as amended from time to time, listed in Column 2 opposite the entry for that vehicle category.

 

Table 1 - Conditions for class 2 vehicles other than PBS vehicles

Column 1

Column 2

Vehicle category

Conditions

B-double

Any conditions for B-doubles up to 26 metres long as applied by the New South Wales Schedule of the National Class 2 B-Double Authorisation Notice.

 

Type 1 road train

Any conditions for Type 1 road trains up to 36.5 metres long as applied by the New South Wales Schedule of the National Class 2 Road Train Authorisation Notice.

 

B-triple not longer than 36.5m

Any conditions for B-triples up to 36.5 metres long as applied by New South Wales Schedule of the National Class 2 Road Train Authorisation Notice.

 

 

Modular B-triple

Any conditions for Modular B-triples up to 35.0 metres long as applied by the New South Wales Schedule of the National Class 2 Road Train Authorisation Notice.

 

AB-triple not longer than 36.5m

Any conditions for AB-triples up to 36.5 metres long as applied by the New South Wales Schedule of the National Class 2 Road Train Authorisation Notice.

 

 

9.       Conditions - Stated Areas and Routes

 

1)       A HML vehicle of a category stated in Column 1 of Table 2 is authorised to be used on the stated areas or routes set out in Column 2.

 

Table 2-Routes and areas for eligible HML vehicles

Column 1

Column 2

Vehicle category

Routes or areas authorised for HML

Short combination not more than 4.3m high

 

Map and/or list of approved routes and areas as specified under the heading "Interactive HML Restricted Access Vehicle routes" that are approved for HML Short combinations.

Short combination not more than 4.6m high

 

Map and/or list of approved routes and areas as specified under the heading "Interactive HML Restricted Access Vehicle routes" that are approved for HML Short combinations and are also approved for 4.6m high vehicles in the New South Wales Schedules of the -

 

(A) New South Wales and Queensland Class 3 Heavy Vehicle 4.6m High Loaded Semitrailer Dimension Exemption Notice; or

 

(B) National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation Notice; or

 

(C) National Class 3 Heavy Vehicle 4.6m High by Construction Semitrailer Dimension Exemption Notice.

 

B-double not more than 4.3m high

 

Map and/or list of approved routes and areas as specified under the heading "Interactive HML Restricted Access Vehicle routes" that are approved for 25/26m B-double combinations.

 

B-double not more than 4.6m high

Map and/or list of approved routes and areas as specified under the heading "Interactive HML Restricted Access Vehicle routes" that are approved for 25/26m B-double combinations and are also approved for 4.6m high vehicles in -

 

(A) New South Wales and Queensland Class 3 Heavy Vehicle 4.6m High Loaded Semitrailer Dimension Exemption Notice; or

 

(B) National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation Notice; or

 

(C) National Class 3 Heavy Vehicle 4.6m High by Construction Semitrailer Dimension Exemption Notice.

Type 1 road train not more than 4.3m high

 

Map and/or list of approved routes and areas as specified under the heading "HML Type 1 A-double road train routes"

Type 1 road train not more than 4.6m high

 

Map and/or list of approved routes and areas as specified under the heading "HML Type 1 A-double road train routes " are also approved for 4.6m high vehicles in -

 

(A) New South Wales and Queensland Class 3 Heavy Vehicle 4.6m High Loaded Semitrailer Dimension Exemption Notice; or

 

(B) National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation Notice; or

 

(C) National Class 3 Heavy Vehicle 4.6m High by Construction Semitrailer Dimension Exemption Notice.

 

B-triple not longer than 36.5m and not more than 4.3m high

 

Map and/or list of approved routes and areas as specified under the heading "HML B-triple routes "

 

B-triple not longer than 36.5m  and not more than 4.6m high

 

Map and/or list of approved routes and areas as specified under the heading "HML B-triple routes " that are also approved for 4.6m high vehicles in -

 

(A) New South Wales and Queensland Class 3 Heavy Vehicle 4.6m High Loaded Semitrailer Dimension Exemption Notice; or

 

(B) National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation Notice; or

 

(C) National Class 3 Heavy Vehicle 4.6m High by Construction Semitrailer Dimension Exemption Notice.

 

Modular B-triple not more than 4.3m high

Map and/or list of approved routes and areas as specified under the heading "HML Modular B-triple routes "

 

Modular B-triple not more than 4.6m high

Map and/or list of approved routes and areas as specified under the heading "HML Modular B-triple routes " that are also approved for 4.6m high vehicles in -

 

(A) New South Wales and Queensland Class 3 Heavy Vehicle 4.6m High Loaded Semitrailer Dimension Exemption Notice; or

 

(B) National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation Notice; or

 

(C) National Class 3 Heavy Vehicle 4.6m High by Construction Semitrailer Dimension Exemption Notice.

 

AB-triple not longer than 36.5m and not more than 4.3m high

Map and/or list of approved routes and areas as specified under the heading "HML AB-triple routes "

AB-triple not longer than 36.5m and not more than 4.6m high

 

Map and/or list of approved routes and areas as specified under the heading "HML AB-triple routes " that are also approved for 4.6m high vehicles in -

 

(A) New South Wales and Queensland Class 3 Heavy Vehicle 4.6m High Loaded Semitrailer Dimension Exemption Notice; or

 

(B) National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation Notice; or

 

(C) National Class 3 Heavy Vehicle 4.6m High by Construction Semitrailer Dimension Exemption Notice.

 

 

Note: The networks specified in this section are available on the Transport for New South Wales website.

 

10.    Intelligent Access Conditions

 

1)       A vehicle operating at Higher Mass Limits (HML) under this Notice must be enrolled in one of the following telematics application under the National Telematics Framework:

a)       The Telematics Monitoring Application (TMA) with Transport Certification Australia (TCA); or

b)       The Intelligent Access Program (IAP) with Transport for NSW (TfNSW).

2)       The use of a heavy vehicle enrolled in the IAP to which the Declaration applies is subject to all of the following intelligent access conditions:

a)       The roads on which the HML vehicle is authorised to be used must be monitored by an approved intelligent transport system used by an intelligent access service provider.

b)       The HML heavy vehicle prime mover must be enrolled and monitored in the Intelligent Access Program (IAP) with TfNSW in accordance with Chapter 7 of the Heavy Vehicle National Law.

c)       A current Certificate of Enrolment must be carried in the vehicle which indicates the vehicle is monitored under the relevant IAP scheme/network in NSW.

 

 

 

d)       The operator (or person acting on behalf of the operator, including the driver) of the vehicle or combination must meet the mass declaration requirements under the IAP by declaring:

 

  1. The vehicle configuration; and
  2. The number of axles in the configuration; and
  3. The total mass of the vehicle or combination including the mass of the hauling unit, and any attached trailers plus any load onboard the vehicle or combination.

 

3)       The information contained in s10(2)(d)(i) to (iii) must be declared at each of the following times:

 

a)       At the start of the journey; and

b)       Whenever there is a change in the vehicle configuration; and

c)       Whenever there is a change in the total mass of the vehicle or combination including the mass of the hauling unit and any attached trailers   plus any load onboard the vehicle or combination; and

d)       Whenever prompted by the Self Declaration Input Device (SDID), if a SDID is available in the vehicle.

 

4)       Mass declaration requirements under the IAP must be made using one of the following methods:

a)       Through the SDID in the vehicle that is certified by the Transport Certification Australia (TCA) and linked to the IAP service provider; or

b)       Through an alternative method approved and certified by TCA.

 

5)       Enrolment under the IAP or TMA is not transferable.

 

 Peter Caprioli

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator

 

 

 

Overview

The New South Wales Higher Mass Limits Declaration 2020 (No. 1) was enacted to address the need for certain categories of heavy vehicles to operate under higher mass limits on specified areas and routes within New South Wales. This Declaration, made under section 12 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, authorises the use of these vehicles while ensuring compliance with intelligent access conditions. The Declaration specifies the categories of heavy vehicles, including B-doubles and road trains, that are permitted to operate under higher mass limits on designated routes, provided they meet the conditions outlined in the document. It also mandates that these vehicles be enrolled in either the Telematics Monitoring Application or the Intelligent Access Program. The policy objective of this Declaration is to facilitate the efficient movement of goods while maintaining safety and infrastructure integrity, as per the requirements of the Heavy Vehicle National Law. The Declaration is effective from 2 April 2020 and will expire on 1 April 2025 unless otherwise extended.

Scope and Application

The New South Wales Higher Mass Limits Declaration 2020 (No. 1) pertains specifically to heavy vehicles within New South Wales that meet the criteria outlined in the Declaration. This includes certain categories of heavy vehicles such as B-doubles, Type 1 road trains, B-triples, Modular B-triples, and AB-triples, provided they adhere to the stipulated mass and height limits. This Declaration is instrumental in authorising these vehicles to operate at higher mass limits on designated roads and routes in New South Wales. Importantly, it does not exempt B-doubles or road trains from the conditions stipulated in their respective class 2 heavy vehicle authorisations. The Declaration is enacted under section 12 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation and is applicable to heavy vehicles operating within the state of New South Wales, effective from 2 April 2020 until 1 April 2025. The Declaration also mandates that vehicles operating under the higher mass limits must be enrolled in the Telematics Monitoring Application (TMA) or the Intelligent Access Program (IAP) and must comply with the intelligent access conditions, including mass declaration requirements at various stages of the journey. The specific routes and areas where these vehicles can operate are detailed in the Declaration and are available on the Transport for New South Wales website.

Key Provisions

The New South Wales Higher Mass Limits Declaration 2020 (No.1) serves to authorise certain categories of heavy vehicles to operate under higher mass limits on specified routes and areas in New South Wales. Section 8 of the Declaration stipulates that drivers or operators of class 2 heavy vehicles, other than PBS vehicles, must adhere to specific conditions as outlined in Column 2 of Table 1 for their respective vehicle categories. These conditions are directly referenced from the relevant notices under the National Class 2 Road Train Authorisation. Section 9 details the routes and areas where heavy vehicles, meeting the conditions set out in the Declaration, are permitted to operate at Higher Mass Limits (HML). These authorisations are outlined in Table 2, which lists the categories of vehicles alongside their respective routes and areas. Entities governed by this Declaration, such as transport operators, must ensure that their vehicles meet the specified conditions and adhere to the outlined routes and areas. They must also ensure that their vehicles are enrolled in either the Telematics Monitoring Application (TMA) with Transport Certification Australia (TCA) or the Intelligent Access Program (IAP) with Transport for NSW (TfNSW), as stipulated in Section 10. Additionally, the operator must comply with the mass declaration requirements, including declaring the vehicle configuration, the number of axles, and the total mass of the vehicle or combination, at specified times such as the start of the journey, any change in vehicle configuration, any change in total mass, and whenever prompted by a Self Declaration Input Device (SDID) if available. Failure to comply with the provisions of this Declaration may result in various consequences. Specifically, Section 11 of the Heavy Vehicle National Law outlines offences and penalties for non-compliance, including fines and potential imprisonment. The exact penalties are not detailed in the Declaration itself but are governed by the overarching legislation, which may include substantial financial penalties and criminal charges for severe or repeated breaches. It is crucial for operators to familiarise themselves with these provisions to avoid any legal repercussions.

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