New South Wales and Victoria class 3 heavy vehicle long livestock semitrailer deck length exemption (Notice) 2014 (No. 1)

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Legislation au C2014G00168 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

NEW SOUTH WALES AND VICTORIA CLASS 3 HEAVY VEHICLE LONG LIVESTOCK SEMITRAILER DECK LENGTH EXEMPTION (NOTICE) 2014 (No. 1)

 

Purpose

  1. The purpose of this Notice is to exempt semitrailers used to carry livestock from the limit on the deck length available for the carriage of animals stated in section 4(6) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation).

 

Note –This instrument is an exemption from the dimension requirement that a trailer built to carry cattle, horses, pigs or sheep on 2 or more partly or completely overlapping decks must not have more than 12.5m of its length available to carry livestock. 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 (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 Victoria Class 3 Heavy Vehicle Long Livestock Semitrailer Deck Length Exemption (Notice) 2014 (No. 1).

 

Commencement

4.       This Notice commences on 10 February 2014.

 

Expiry

5.       This Notice expires on 9 February 2019.

 

Definitions

6.       Unless otherwise stated, words and expressions used in this Notice have the same meanings as those defined in the HVNL.

7.       In this Notice—

 

‘Long livestock semitrailer’ means a semitrailer with a maximum length of 14.6 metres and a distance from the front articulation point to the rear of the semitrailer that does not exceed 13.2m that is used for carrying livestock.

 

Application

8.       This Notice applies to long livestock semitrailers as specified in the Schedules.

9.       This Notice applies in New South Wales and Victoria.

 

Exemption from prescribed dimension requirement

10.   This Notice exempts a long livestock semitrailer from—

(a)    the requirement in section 4(10)(c) of Schedule 6 of the Regulation that a trailer with a distance from the front articulation point to the rear of the semitrailer may be up to 13.2m if the trailer otherwise complies with dimension requirements; and

(b)    the limit on the length of deck available for the carriage of animals specified in subsection 4(6) of Schedule 6 of the Regulation.

 

Conditions

11.   The semitrailer may only be used in a combination consisting of a prime mover towing a single semitrailer.

12.   The semitrailer must not have more than 2 decks.

13.   The semitrailer must not carry cattle on more than one deck.

14.   The deck length available for the carriage of livestock must not exceed the total length of the semitrailer.

15.   The lower deck of the semitrailer must be fully loaded before the upper deck is used.

16.   The driver and operator of the vehicle 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 vehicle from complying with legislation regulating the use of heavy vehicles, including but not limited to:

  1. compliance with mass and  other dimension requirements in the HVNL;
  2. compliance with traffic signs, including those indicating mass limits or dimension limits;
  3. compliance with vehicle standards in the HVNL; and
  4. compliance with lawful directions of authorised officers.

17.   A vehicle operating under this Notice is limited to transporting cattle, pigs, sheep or goats.

 

Declaration

 

I, Richard Hancock, delegate of the National Heavy Vehicle Regulator declare that a long livestock trailer is exempt from the requirements of subsections 4(6) and 4(10)(c) of Schedule 6 of the Regulation, provided the vehicle complies with the conditions in this notice.

 

29th January 2014

Dated

 

 

 

 

 

Richard Hancock

Chief Executive Officer

National Heavy Vehicle Regulator


 

SCHEDULE 1 – NEW SOUTH WALES

 

Application

  1. This Schedule applies to a long livestock trailer where distance from the lowest deck to the top of the trailer does not exceed 2.1m.

 

Areas or routes

  1. A vehicle operating under this Notice may use all roads in NSW.

 

 

SCHEDULE 2 – VICTORIA

 

Application

  1. This Schedule applies to a long livestock trailer that—

(a)    is being towed by a prime mover with 3 axles; and

(b)    has a tri-axle group; and

(c)     has a maximum height of 3.9m.

 

Condition Areas or routes

2.       A vehicle operating under this Notice may use all roads in Victoria.

 

 

 

 

 

 

 

Overview

The Heavy Vehicle (National Law) Amendment (Long Livestock Semitrailers) Notice 2014 (No. 1) was enacted to provide a temporary exemption from certain dimension requirements for long livestock semitrailers in New South Wales and Victoria. This exemption aims to address the specific needs of the livestock transportation industry, allowing for more efficient carriage of livestock by permitting longer deck lengths than those otherwise allowed under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. Made under the authority of section 117 of the Heavy Vehicle National Law and section 69(1)(a) of the Heavy Vehicle (General) National Regulation, the Notice sets out specific conditions for the use of these semitrailers, including restrictions on the number of decks and the types of livestock that can be transported. The exemption is in effect from 10 February 2014 until 9 February 2019, providing a clear and temporary solution to an identified operational need within the heavy vehicle industry.

Scope and Application

The Heavy Vehicle National Law New South Wales and Victoria Class 3 Heavy Vehicle Long Livestock Semitrailer Deck Length Exemption (Notice) 2014 (No. 1) provides an exemption for semitrailers used to carry livestock from certain dimension requirements stipulated in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This Notice applies specifically to long livestock semitrailers that meet the criteria of having a maximum length of 14.6 metres and a distance from the front articulation point to the rear of the semitrailer not exceeding 13.2 metres. The exemption is in effect within the jurisdictions of New South Wales and Victoria, where the semitrailers can be used on all roads under the conditions outlined in the respective schedules. It is essential to note that while this exemption pertains to the deck length available for livestock carriage, it does not exempt the vehicles from other regulatory requirements such as mass, other dimension constraints, traffic signs, vehicle standards, and lawful directions of authorised officers. The exemption is in force from 10 February 2014 and will expire on 9 February 2019, unless otherwise extended or amended.

Key Provisions

The New South Wales and Victoria Class 3 Heavy Vehicle Long Livestock Semitrailer Deck Length Exemption (Notice) 2014 (No. 1) provides specific exemptions and conditions for semitrailers used to transport livestock, particularly focusing on the allowable deck length beyond what is typically permitted under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. Section 10(a) exempts long livestock semitrailers from the usual limit of 13.2 metres from the front articulation point to the rear of the semitrailer, while section 10(b) exempts them from the 12.5-metre limit on the length of deck available for the carriage of animals. This exemption is subject to a number of conditions, outlined in sections 11 through 16. The obligations imposed by the Notice are stringent, ensuring safety and compliance with broader regulatory standards. Section 11 mandates that the semitrailer can only be used in a combination consisting of a prime mover towing a single semitrailer. Section 12 restricts the semitrailer to no more than two decks, while section 13 specifies that cattle can only be carried on one deck. Section 14 ensures that the deck length available for the carriage of livestock must not exceed the total length of the semitrailer. Section 15 requires the lower deck to be fully loaded before the upper deck is used. Additionally, section 16 stipulates that the driver and operator must comply with all conditions set out in the relevant Schedule for the jurisdiction in which the vehicle is being used. Breaching the conditions set out in this Notice may result in serious consequences. Although specific penalties are not detailed in the Notice, violations of the Heavy Vehicle National Law, which governs the use of heavy vehicles, can lead to significant penalties. These can include fines, disqualification from driving, and in severe cases, imprisonment. Compliance with mass and dimension requirements, traffic signs, vehicle standards, and lawful directions of authorised officers remains mandatory, as explicitly stated in the Notice.

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