HEAVY VEHICLE NATIONAL LAW
NEW ENGLAND HIGHWAY DIVERSION CLASS 2 HEAVY VEHICLE AUTHORISATION AND CLASS 3 HEAVY VEHICLE MASS OR DIMENSION EXEMPTION (NOTICE) 2014 (NO. 1)
Purpose
- The purpose of this notice is to—
(a) authorise the use of stated categories of class 2 vehicles, on stated routes during stated hours of stated days; and
(b) exempt stated categories of class 3 heavy vehicles from prescribed mass and dimension requirements of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation).
Authorising Provision
2. This Notice is made under sections 117and 138 of the Heavy Vehicle National Law (HVNL) as in force in each state and territory.
Title
3. This Notice may be cited as the New England Highway Diversion Class 2 Heavy Vehicle Authorisation and Class 3 Heavy Vehicle Mass or Dimension Exemption (Notice) 2014 (No. 1)
Commencement
4. This notice commences on 29 April 2014.
Expiry
5. This notice expires on 1 May 2014.
Definitions
6. Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL.
‘4.6m high loaded semitrailer’ means a semitrailer used in a combination that, together with its load, is higher than 4.3m but not higher than 4.6m, but does not include a semitrailer constructed or used to carry livestock or vehicles, or a class 1 heavy vehicle.
‘B-double vehicle carrier’ means a heavy vehicle that —
(a) Is a B-double; and
(b) Is a combination designed and built to carry vehicles on more than one deck that is higher than 4.3m but not higher than 4.6m; and
(c) together with its load is longer than 25m but not longer than 26m; and
(d) complies with section 3(3) of Schedule 6 of the National Regulation.
Note 1 – The HVNL defines a B-double in section 5 as “a combination consisting of a prime mover towing 2 semitrailers, the first semitrailer being attached directly to the prime mover by a fifth wheel coupling and the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer”. A B-double may be up to 25m long without special equipment. A B-double may be up to 26m long if the distance from the front articulation point of the forward semitrailer to the rear of the B-double is not more than 20.6m long and the prime mover is not carrying or built to carry goods and it has a cab and front underrun protective device as required by Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.
‘Livestock’ when referring to a load, means cattle, sheep, pigs, horses, goats or other
livestock.
‘Livestock Carrier’ means a heavy vehicle that is a heavy vehicle or combination that is higher than 4.3m but not higher than 4.6m, and is built to carry cattle, sheep, pigs or horses.
Note 3—Section 136(a)(ii)(E) of the HVNL provides that a motor vehicle or combination that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses is a class 2 heavy vehicle if it complies with prescribed mass or dimension requirements. Section 8(a) of Schedule 6 of the National Regulation provides that the height limit for such a vehicle must not be higher than 4.6m. A Livestock Carrier must also comply with the length and other dimension requirements in Schedule 6 of that National Regulation.
‘Primary notice’ means the following notices made or transitioned under the HVNL—
- 4.6 Metre High Vehicle Notice 2013* and 4.6 Metre High Vehicle Amendment Notice 2014;*
- New South Wales and Queensland Class 3 Heavy Vehicle 4.6m High Loaded Semitrailer Dimensions Exemption (Notice) 2014 (No. 1);
- National Class 2 Heavy Vehicle 4.6m High and/or 25m Long Vehicle Carrier Authorisation (Notice) No. 1, 2014; National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) No. 1, 2014;
- National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 2);
- National Class 3 Heavy Vehicle 4.6m High by Construction Semitrailer Dimension Exemption (Notice) 2014 (No.1)
Note 4— Notices marked with the symbol ‘*’ have been transitioned under s 748 of the HVNL.
Note 5 – Authorised versions of each of the above notices may be obtained from—
a) https://www.nhvr.gov.au/resources/notices-and-permit-based-schemes/transitional-notices, in the case of a notice which has been transitioned under the National Law; and
b) https://www.nhvr.gov.au/resources/notices-and-permit-based-schemes/national-notices or https://www.nhvr.gov.au/resources/notices-and-permit-based-schemes/state-hvnl-notices in the case of a notice which has been made under the National Law.
‘Vehicle Carrier’ means a heavy vehicle that is a combination designed and built to carry vehicles on more than one deck that, together with its load is longer than 19m but not longer than 25m, or higher than 4.3m but not higher than 4.6m, or both.
Application
7. This notice applies to—
(a) a B-double that is not higher than 4.3m; and
(b) a vehicle or combination, including a B-Double, that is higher than 4.3m but is not higher than 4.6m; and
(c) a B-double that is—
(i) a B-double vehicle carrier; or
(ii) a livestock Carrier; and
(d) a Vehicle Carrier.
8. This notice applies in New South Wales.
Stated areas or routes
9. A vehicle to which this notice applies may use Guernsey Street from the New England Highway to Liverpool Street, and Liverpool Street from Guernsey Street to the New England Highway, Scone 2337.
Conditions
10. The driver and operator of a vehicle to which this notice applies must comply with—
(a) a condition contained in a primary notice applying to the vehicle; and
(b) the directions of any authorised traffic controllers or traffic control devices.
Exemption from prescribed mass or dimension requirements
11. This notice exempts—
(a) a 4.6m high loaded semitrailer from the height limit prescribed in section 8(d) of Schedule 6 of the National Regulation; and
(b) a B-double vehicle carrier from the dimension limit prescribed in section 3(1)(d) of Schedule 6 of the National Regulation
Declaration
I, Angus Draheim, delegate of the National Heavy Vehicle Regulator—
(a) authorise the use of the stated categories of class 2 vehicles in the stated areas or routes during the stated hours of stated days and subject to the conditions set out in this notice; and
(b) exempt the stated categories of class 3 vehicles to which this notice applies from the stated prescribed mass and dimension requirements to the extent and on the conditions stated in this notice.
Dated: Friday, 25 February 2022
Angus Draheim
General Manager (Operations)
National Heavy Vehicle Regulator