Heavy Vehicle National Law
National Heavy Vehicle Regulator – Fee for Victorian Services Notice 2023 (No.1)
Non-Regulated Fees – Victorian Services Notice
1 Purpose
1) The purpose of this Notice is to set fees payable for the provision of services connected to the administration of the Heavy Vehicle National Law (HVNL).
2) The fees specified in this Notice relate to heavy vehicles transporting large indivisible items and operating under an escort requirement made under the HVNL, including the provision of escort services and any vehicle or load inspections related to the escort’s duties.
Note: The fees specified in this Notice are intended to recoup the reasonable costs associated with providing the service.
2 Authorising provision
This Notice is made under section s740 and 740A of the Heavy Vehicle National Law.
3 Commencement Date
The Notice takes effect on the date of its publication.
4 Title
This Notice may be cited as the National Heavy Vehicle Regulator – Fee for Victorian Services Notice 2023 (No.1).
5 Application
This Notice applies in Victoria.
6 Services
1) The Regulator provides the following services for heavy vehicles operating under a pilot or escort requirement under the HVNL. These services include, but are not limited to:
a) Escort service for vehicles carrying large indivisible items; and
b) Inspection services of vehicles and loads related to escort services.
7 Fees
1) The fee for any service specified under this Notice is $248.00 per hour (including GST), with a minimum of 2 hours for weekdays and 3 hours for weekends and public holidays.
2) Liability for a fee specified under this notice starts at the time specified in the booking to attend at the location point of the vehicle until the completion of the service.
3) A cancellation fee applies for notice of cancellation less than 24 hours prior to the service:
a) a minimum charge of two hours will be applied on weekdays; and
b) a minimum charge of three hours will be applied on weekends or public holidays.
DATE: 30 June 2023
Paul Salvati
Chief Operations Officer
National Heavy Vehicle Regulator
Overview
The National Heavy Vehicle Regulator – Fee for Victorian Services Notice 2023 (No.1) was enacted to address the need for fees associated with the administration of the Heavy Vehicle National Law, particularly concerning services for heavy vehicles transporting large indivisible items and operating under an escort requirement. This Notice was issued under section 740 and 740A of the Heavy Vehicle National Law and is intended to recoup the reasonable costs associated with providing escort and inspection services. The Notice sets out a fee of $248.00 per hour, inclusive of GST, with a minimum booking period of 2 hours on weekdays and 3 hours on weekends and public holidays. It also specifies a cancellation fee for notices given less than 24 hours prior to the scheduled service, applying a minimum charge of two hours on weekdays and three hours on weekends or public holidays. The Notice applies in Victoria and came into effect on the date of its publication, 30 June 2023.
Scope and Application
The National Heavy Vehicle Regulator – Fee for Victorian Services Notice 2023 (No.1) applies specifically within Victoria and pertains to services associated with the administration of the Heavy Vehicle National Law (HVNL). The Notice regulates fees for services provided by the National Heavy Vehicle Regulator, such as escort services for heavy vehicles transporting large indivisible items and vehicle or load inspections related to these escort duties. This encompasses heavy vehicles that are operating under an escort requirement stipulated by the HVNL. The Notice aims to cover the reasonable costs associated with the provision of these services. The fees are set at $248.00 per hour, inclusive of GST, with a minimum of 2 hours for weekday services and 3 hours for weekend or public holiday services. Additionally, a cancellation fee applies if notice of cancellation is given less than 24 hours before the service, with minimum charges set at 2 hours for weekdays and 3 hours for weekends or public holidays. This Notice was made under sections 740 and 740A of the Heavy Vehicle National Law and became effective on the date of its publication.
Key Provisions
The National Heavy Vehicle Regulator – Fee for Victorian Services Notice 2023 (No.1) outlines the fees associated with services related to heavy vehicles transporting large indivisible items and operating under an escort requirement under the Heavy Vehicle National Law (HVNL). According to section 6, the services provided include escort services and inspections of vehicles and loads related to these escort services. The fee for any specified service is set at $248.00 per hour, inclusive of GST, with a minimum charge of 2 hours on weekdays and 3 hours on weekends and public holidays (section 7(1)). The liability for these fees begins at the time the service is booked to attend at the vehicle’s location and ends upon the completion of the service (section 7(2)).
The Notice imposes certain obligations on the parties it governs. Specifically, section 7(3) stipulates that if a service is cancelled less than 24 hours prior to the scheduled time, a cancellation fee will apply. This fee includes a minimum charge of two hours on weekdays and three hours on weekends or public holidays (section 7(3)(a) and (b)). These provisions ensure that the Regulator can recoup the reasonable costs associated with providing the services as outlined in section 1.
In terms of consequences for non-compliance, the Notice does not explicitly detail offences, penalties, or civil/criminal consequences for breaches. However, the fees and their enforcement are implicit in the structure of the Notice, suggesting that failure to pay the stipulated fees could lead to disputes or financial liabilities. While the Notice itself does not enumerate specific penalties, breaches of such financial obligations could potentially result in legal action to recover the fees under general principles of contract law or other relevant legislation.