HEAVY VEHICLE NATIONAL LAW
National Heavy Vehicle Standards (Truck-Mounted Attenuator) Exemption Notice 2022 (No.1)
- Purpose
The purpose of this notice is to exempt heavy motor vehicles fitted with an attenuator and actively engaged in an approved task from certain prescribed heavy vehicle standards.
2. Authorising Provision
This notice is made under section 61 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction.
3. Commencement
This notice commences on 24 April 2022.
4. Expiry
This notice expires on 23 April 2027.
5. Definitions
1) Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL.
2) In this notice—
Approved task means the attenuator is engaged in a road construction, repair or maintenance, traffic control operations or road incident response task.
Attenuator means an implement fitted to the rear of a heavy motor vehicle intended to absorb the energy of a vehicle crash in order to protect persons carrying out an approved task.
Deployed means the attenuator is in a lowered or extended position so that it may perform the intended function.
MDL Regulation means the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, as amended from time to time.
Warning pattern means a pattern covering an area of at least 0.16m2 and consisting of diagonal stripes at least 100mm wide and alternately coloured—
1) red and white;
2) black and yellow;
3) black and white; or
4) red and yellow.
6. Title
This notice may be cited as the National Heavy Vehicle Standards (Truck-Mounted Attenuator) Exemption Notice 2022 (No. 1).
7. Application
1) This notice applies in all participating jurisdictions.
2) This notice applies to a heavy motor vehicle fitted with an attenuator.
8. Exemption from Prescribed Vehicle Standards
A heavy motor vehicle fitted with an attenuator is exempt from complying with Schedule 2 Section 34(1) of the Heavy Vehicle (Vehicle Standards) National Regulation, in so far as it requires compliance with the following dimension requirements prescribed by the MDL Regulation:
1) Schedule 6 Section 5(1) Length—rear overhang
2) Schedule 6 Section 3(1)(g) Length – general.
9. Conditions
1) When the attenuator is not deployed, the vehicle must comply with the prescribed dimension requirements for rear overhang and overall length.
2) The attenuator must only be deployed when the vehicle is actively engaged in an approved task.
3) When the attenuator is deployed, the vehicle must not exceed the following dimensions:
a) rear overhang — 7.6 metres; and
b) overall length — 15.0 metres.
4) When the attenuator is deployed during the daytime, the vehicle must have its low beam headlights or daytime running lights on.
5) When the attenuator is deployed, both sides and the rear of the attenuator must be fitted with the warning pattern.
6) The vehicle must be fitted with a warning light that is lit when the attenuator is deployed and:
a) be clearly visible at a distance of 500 metres in all directions; or
b) be supplemented by 1 or more additional warning lights so that the light emanating from at least 1 of them is clearly visible at a distance of 500 metres in any direction.
7) When switched on, a warning light mention under 6) must:
a) not be a strobe light; and
b) emit a yellow coloured light of rotating and flashing effect; and
c) flash between 120 and 240 times a minute; and
d) must not be of an intensity that is likely to dazzle another road user.
Peter Austin
Director, Vehicle Safety and Performance
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law (HVNL) was enacted to provide a unified national approach to the regulation of heavy vehicles in Australia. The National Heavy Vehicle Standards (Truck-Mounted Attenuator) Exemption Notice 2022 (No. 1) was introduced under section 61 of the HVNL to address the need for exemptions to certain prescribed heavy vehicle standards for heavy motor vehicles fitted with attenuators when actively engaged in approved tasks such as road construction, repair or maintenance, traffic control operations, or road incident response. This notice was made by the National Heavy Vehicle Regulator, Peter Austin, and aims to balance safety concerns with operational necessities. The notice commenced on 24 April 2022 and will expire on 23 April 2027, providing a temporary framework for these exemptions. It applies across all participating jurisdictions and outlines specific conditions that must be met to ensure the safe deployment of attenuators on heavy vehicles.
Scope and Application
The National Heavy Vehicle Standards (Truck-Mounted Attenuator) Exemption Notice 2022 (No. 1) applies to heavy motor vehicles fitted with an attenuator in all participating jurisdictions, as specified under the Heavy Vehicle National Law. This notice is intended to exempt such vehicles from certain prescribed heavy vehicle standards when the attenuator is actively engaged in an approved task, which includes road construction, repair, maintenance, traffic control operations, or road incident response. The notice provides specific exemptions from certain dimension requirements, while imposing conditions such as compliance with maximum dimensions when the attenuator is deployed, the necessity of having warning lights and patterns visible when the attenuator is in use, and adherence to operational conditions for the deployment of the attenuator. The notice also clarifies that the vehicles must comply with the prescribed dimension requirements when the attenuator is not deployed and stipulates that the attenuator should only be used during approved tasks. The notice operates under the authority of section 61 of the HVNL and is effective from 24 April 2022 until 23 April 2027.
Key Provisions
The National Heavy Vehicle Standards (Truck-Mounted Attenuator) Exemption Notice 2022 (No. 1) exempts heavy motor vehicles equipped with an attenuator, used for specific tasks, from certain vehicle standards (section 8). These vehicles are exempt from compliance with dimension requirements related to rear overhang and overall length, as specified in Schedule 2 Section 34(1) of the Heavy Vehicle (Vehicle Standards) National Regulation (section 8). However, this exemption comes with conditions that must be met to ensure road safety. When the attenuator is not in use, the vehicle must adhere to the prescribed dimension requirements (section 9(1)). The attenuator can only be deployed when the vehicle is actively engaged in an approved task, such as road construction, repair, maintenance, traffic control, or incident response (section 9(2)). When the attenuator is deployed, the vehicle must not exceed specific dimensions: a rear overhang of 7.6 metres and an overall length of 15.0 metres (section 9(3)(a) and (b)). Daylight visibility is ensured by requiring the vehicle’s low beam headlights or daytime running lights to be on when the attenuator is deployed (section 9(4)). Additionally, both sides and the rear of the attenuator must display a warning pattern (section 9(5)), and the vehicle must have a warning light that is clearly visible from 500 metres away (section 9(6)). This warning light must emit a yellow coloured light that flashes between 120 and 240 times per minute and should not dazzle other road users (section 9(7)).
The Act imposes several obligations on the parties it governs. Operators of heavy motor vehicles with attenuators must ensure that their vehicles meet the specified conditions when deploying the attenuator (section 9). This includes adhering to the dimensional limits, ensuring the warning pattern is visible, and having the appropriate warning lights operational and visible at a distance of 500 metres (section 9). These requirements aim to maintain safety and visibility on roads where such vehicles operate. Operators must also ensure that the attenuator is only deployed when the vehicle is actively engaged in an approved task (section 9(2)). Compliance with these obligations is crucial to benefit from the exemption provided by the notice.
Breaching the conditions outlined in the notice may result in serious consequences. While the notice does not explicitly list offences, violations of the conditions could potentially be pursued under the Heavy Vehicle National Law, which includes provisions for enforcement and penalties for non-compliance with vehicle standards. Operators who fail to comply with the dimensional requirements, visibility standards, and operational conditions for the attenuator could face enforcement actions, including fines and potential vehicle impoundment. The specific penalties would be determined under the relevant provisions of the Heavy Vehicle National Law, which may vary between jurisdictions. It is important for operators to strictly adhere to the conditions to avoid any legal repercussions.