HEAVY VEHICLE NATIONAL LAW
NEW SOUTH WALES AND QUEENSLAND CLASS 3 HEAVY VEHICLE 4.6m HIGH LOADED SEMITRAILER DIMENSION EXEMPTION (NOTICE) 2014 (No. 1)
Purpose
- The purpose of this notice is to exempt a stated category of class 3 heavy vehicles from the height limit stated in section 8 of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation)
Note – The Heavy Vehicle National Law provides that a heavy vehicle is a class 3 heavy vehicle if the vehicle’s height exceeds 4.3 metres and the vehicle is not a double-decker bus, livestock carrier or vehicle carrier. If the heavy vehicle has a height exceeding 4.3 metres the operator must obtain a mass or dimension exemption from the National Heavy Vehicle Regulator before the vehicle may be used on public roads. This instrument is an exemption that exempts semitrailers that are up to 4.6 metres high when loaded from the dimension requirement that the vehicle only be 4.3 metres high, subject to compliance with certain conditions. This instrument does NOT exempt these vehicles from other requirements of the Heavy Vehicle National Law including, but not limited to, mass and other dimension requirements.
Authorising Provision
2. This notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (the HVNL) and section 69(1)(a) of the Heavy Vehicle (General) National Regulation.
Title
3. This notice may be cited as the New South Wales and Queensland Class 3 Heavy Vehicle 4.6m High Loaded Semitrailer Dimension Exemption (Notice) 2014 (No. 1).
Commencement
4. This notice commences on 10 February 2014.
Expiry
5. This notice expires on 9 February 2019.
Definition
6. Unless otherwise stated, words or expressions used in this notice have the same meanings as in the HVNL or regulations made under the HVNL.
7. In this notice‘4.6m high loaded semitrailer’—
(a) means a semitrailer used in a combination that, together with its load, is higher than 4.3m but not higher than 4.6m; but
(b) does not include a semitrailer constructed or used to carry livestock or vehicles, or a class 1 heavy vehicle.
Application
8. This Notice applies to 4.6m high loaded semitrailers, as specified in Schedules 1 and 2 to this Notice.
9. This notice applies in New South Wales and Queensland.
Exemption from prescribed mass or dimension requirements
10. This notice exempts a 4.6m high loaded semitrailer from the height limit prescribed in section 8(d) of Schedule 6 of the National Regulation.
Condition - Areas or routes
11. This notice applies in the areas or routes stated in the Schedules to this notice.
Conditions
12. The driver and operator of a 4.6m high loaded semitrailer must comply with all conditions set out in the Schedule for a participating jurisdiction when the vehicle is being used in the jurisdiction to which that Schedule applies.
Note – Nothing in this notice exempts the driver or operator of the 4.6m high semitrailer from complying with legislation regulating the use of heavy vehicles, including but not limited to:
(a) compliance with mass and other dimension requirements in the HVNL;
(b) compliance with official traffic signs, including those indicating mass limits or dimension limits;
(c) compliance with vehicle standards in the HVNL; and
(d) compliance with lawful directions of authorised officers.
Declaration
I, Richard Hancock, delegate of the National Heavy Vehicle Regulator exempt a 4.6m high loaded semitrailer from the height limit prescribed in section 8(d) of Schedule 6 of the National Regulation, subject to compliance with the conditions in this notice.
Dated: 5 February 2014
Richard Hancock
Chief Executive Officer
National Heavy Vehicle Regulator
SCHEDULE 1 - NEW SOUTH WALES
Stated areas or routes
- A combination consisting of a prime mover and a 4.6m high loaded semitrailer may use the routes set out in Appendix 1 to this Schedule.
2. A B-double that includes a 4.6m high loaded semitrailer may only use a route described in clause 1 if the route is also approved in the National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 1).
Note: This means the route must be approved for use by both 4.6m high semitrailers and B-doubles.
3. A road train that includes a 4.6m high loaded semitrailer trailer may only use a route described in clause 1 if the route is also approved in the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2014 (No. 1).
Note: This means the route must be approved for use by both 4.6m high semitrailers and road trains.
Other conditions
4. A vehicle to which this Schedule applies must comply with the conditions specified for each area or route in the conditions set out in Appendix 1 to this Schedule..
5. A B-double that includes a 4.6m high loaded semitrailer must comply with any relevant conditions set out in the National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 1).
6. A road train that includes a 4.6m high loaded semitrailer trailer must comply with any relevant conditions set out in the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2014 (No. 1).
7. Freight containers must not be carried under this notice unless securely fastened to the carrying vehicle by twist locks. This condition applies whether the container is laden or unladen and whether certified for marine use or not.
Appendix 1
4.6 Metre High Vehicle Notice 2013
http://www.nsw.gov.au/sites/default/files/Government-Gazette-21-December-2012_WEB_v01.pdf
SCHEDULE 2 – QUEENSLAND
Stated areas or routes
- A combination consisting of a prime mover and a 4.6m high loaded semitrailer may use all roads in Queensland except where there is insufficient height clearance for the combination to pass without striking or damaging any road infrastructure.
Note: The driver of the combination shall assess the suitability of a road prior to operating a combination on that road. The roads used must be continually monitored to ensure sufficient clearance for the combination exists.
2. A B-double that includes a 4.6m high loaded semitrailer may only use a route described in clause 1 if the route is also approved in the National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 1).
Note: This means the route must be approved for use by both 4.6m high semitrailers and B-doubles.
Other conditions
3. A B-double that includes a 4.6m high loaded semitrailer must comply with any relevant conditions set out in the National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 1).
4. A 4.6m high loaded semitrailer cannot be used as a component of a road train.
5. A 4.6m high loaded semitrailer must comply with the following mass limits—
(a) for a combination consisting of a prime mover and semitrailer, the mass of the combination must not be more than 90% of the prescribed mass requirements in Schedule 1 of the National Regulation;
(b) for a combination consisting of a B-double the mass of the combination must not be more than 90% of the lesser of—
- the prescribed mass requirements in Schedule 1 of the National Regulation; or
- the mass limits specified under the class 2 heavy vehicle authorisation for the B-double or road train, if the relevant class 2 heavy vehicle authorisation specifies a lesser mass limit.
Note – For example a 4.6m high semitrailer used as part of a 6 axle prime mover and semitrailer combination that is normally permitted to operate at 42.5t at the general mass limits must not exceed a mass limit of 38.25t.
6. The deck height of a 4.6m high loaded semitrailer must not exceed 1.2m for at least 50% of its deck length.
7. A 4.6m high loaded semitrailer must have an air suspension system with effective dampers fitted to the vehicle.