New South Wales Class 1 Agricultural Cotton Vehicle Exemption For Permitted Heavy Vehicles (Notice) 2014 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2014G00636 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

 

NEW SOUTH WALES CLASS 1 AGRICULTURAL COTTON VEHICLE EXEMPTION FOR PERMITTED HEAVY VEHICLES (NOTICE) 2014 (No. 1)

 

Purpose

 

  1. The purpose of this notice is to exempt class 1 vehicles transporting Agricultural Cotton Vehicles from stated prescribed mass or dimension requirements of the Heavy Vehicle (Mass, Dimension and  Loading) National Regulation (the National Regulation).  

 

Authorising Provision

 

2.       This notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (HVNL).

 

Title

 

3.       This notice may be cited as the New South Wales Class 1 Agricultural Cotton Vehicle Exemption for Permitted Heavy Vehicles (Notice) 2014 (No. 1).

 

Commencement

 

4.       This notice commences at sunrise on 19th April 2014.

 

Expiry

 

5.       This notice expires at sunset on 20th April 2014.

 

Definition

 

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

 

‘Stated areas or routes’ means the stated areas or routes set out in clause 9.

 

‘Stated hours of stated days’ means the stated hours of stated days set out in clause 10.

 

 ‘Agricultural cotton vehicle’ means a class 1 Agricultural Vehicle or Agricultural Trailer performing tasks associated with the harvesting of cotton.

 

Application

 

7.       This notice applies to a class 1 vehicle transporting an Agricultural Cotton Vehicle.
 

8.       This notice applies in New South Wales.

 

 

Stated areas or routes

 

9.       A vehicle to which this notice applies is authorised to use the following routes —

(a)    the Newell Highway from north of Coonabarabran to Goondiwindi; and

(b)    the Kamilaroi Highway from Narrabri to Gunnedah; and

(c)     the Gwydir Highway from the Newell Highway to Warialda; and

(d)    the Bruxner Highway from Boggabilla to Yetman

 

Stated hours of stated days

 

10.   A class 1 vehicle to which this notice applies is authorised to use the routes specified in clause 9 during daylight hours from sunrise Saturday 19th April 2014 until sunset Sunday 20th April 2014.

 

Exemption from prescribed mass requirements

 

11.   This notice exempts a class 1 vehicle to which it applies from the following requirements specified in Schedule 1 (General mass limits) of the National Regulation —

(a)    Section 2(1)(a)(iv) - Mass limits for a single vehicle or combination; and

(b)    Section 4 - Mass limits for a single axle or axle group; and

(c)     Section 5(1) - Mass limits relating to axle spacing generally.

 

Exemption from prescribed dimension requirements

 

12.   This notice exempts a class 1 vehicle to which it applies from the following requirements specified in Schedule 6 (Dimension requirements) of the National Regulation —

(a)    Section 3 (Length); and

(b)    Section 4 (Length – trailers); and

(c)     Section 7 (Width); and

(d)    Section 8 (Height).

 

Conditions - General

 

13.   The driver and operator of a vehicle to which this notice applies must comply with the conditions set out in—

(a)    the applicable Class 1 permit issued under section 122 of the HVNL; and

(b)    the NSW Class 1 Load Carrying Vehicles Notice 2014, other than the stated routes in clause 9  and for stated period in clause 10 above; and  

(c)     this Notice.

 

Note 1 —  An authorised version of the NSW Class 1 Load Carrying Vehicles Notice 2014 may be obtained at https://www.nhvr.gov.au/files/t014-nsw-class-1-load-carrying-vehicles-notice-2014-main-body-nsw.pdf 

 

Note 2—Any reference in the NSW Class 1 Load Carrying Vehicles Notice 2014 to a provision of the former legislation is to be read as referring to the corresponding provision of this HVNL.

 

Condition - Maximum permissible mass

 

14.   The maximum permissible mass of a heavy vehicle, a heavy vehicle together with its load, or a component of a heavy vehicle, being used on a road to which this notice applies is as provided in a Class 1 permit applying to a vehicle transporting an Agricultural Cotton Vehicle issued under section 122 of the HVNL.

 

Condition - Maximum permissible dimensions

 

15.   The maximum permissible dimensions of a heavy vehicle (including its equipment), or a component or load of a heavy vehicle, being used on a road to which this notice applies is as provided in a Class 1 permit applying to a vehicle transporting an Agricultural Cotton Vehicle issued under section 122 of the HVNL.

 

Declaration

 

I, Melinda Bailey, delegate of the National Heavy Vehicle Regulator hereby exempt the stated category of class 1 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: 17 April 2014

 

 

 

Melinda Bailey

Chief Financial Officer

National Heavy Vehicle Regulator

 

Overview

The New South Wales Class 1 Agricultural Cotton Vehicle Exemption for Permitted Heavy Vehicles (Notice) 2014 (No. 1) was enacted to provide a temporary exemption for class 1 vehicles transporting Agricultural Cotton Vehicles from specific mass and dimension requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This notice, made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction, aims to facilitate the efficient and safe transportation of Agricultural Cotton Vehicles during the cotton harvesting season in designated areas of New South Wales. The notice was issued by Melinda Bailey, a delegate of the National Heavy Vehicle Regulator, and it commenced on 19 April 2014 and expired on 20 April 2014, covering the period when the exemption was necessary. The exemption applies to certain routes and hours, ensuring that the vehicles can operate without the constraints of the National Regulation during the specified period, while still adhering to other relevant conditions and permits.

Scope and Application

The New South Wales Class 1 Agricultural Cotton Vehicle Exemption for Permitted Heavy Vehicles (Notice) 2014 (No. 1) is designed to exempt certain vehicles from specific mass and dimension requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This notice applies to Class 1 vehicles transporting Agricultural Cotton Vehicles, which are defined as vehicles performing tasks associated with the harvesting of cotton, within the jurisdiction of New South Wales. It authorises these vehicles to use specified routes during particular hours, exempting them from certain prescribed mass and dimension requirements. However, these vehicles must comply with the conditions outlined in applicable Class 1 permits and the NSW Class 1 Load Carrying Vehicles Notice 2014, except where this notice specifies otherwise. The notice operates within the legal framework of the Heavy Vehicle National Law and is effective from sunrise on 19th April 2014 until sunset on 20th April 2014, after which it expires.

Key Provisions

The New South Wales Class 1 Agricultural Cotton Vehicle Exemption for Permitted Heavy Vehicles (Notice) 2014 (No. 1) primarily serves to exempt class 1 vehicles that are transporting Agricultural Cotton Vehicles from certain prescribed mass and dimension requirements outlined in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (sections 11 and 12). This exemption is specifically applicable to vehicles engaged in tasks related to the harvesting of cotton. The notice applies to designated routes and during specified hours, from sunrise on Saturday 19 April 2014 to sunset on Sunday 20 April 2014 (clauses 9 and 10). This notice imposes certain obligations on the drivers and operators of class 1 vehicles that fall under its purview. Firstly, these vehicles must comply with the conditions outlined in a Class 1 permit issued under section 122 of the Heavy Vehicle National Law (HVNL) (clause 13(a)). Additionally, they must adhere to the requirements of the NSW Class 1 Load Carrying Vehicles Notice 2014, except for the specific routes and time periods outlined in this notice. The maximum permissible mass and dimensions of these vehicles, as well as their loads, must also be in accordance with the Class 1 permit issued under section 122 of the HVNL (clauses 13(b), 14, and 15). While the notice does not explicitly detail offences, penalties, or consequences for breaches, any violations of the Heavy Vehicle National Law or associated regulations could result in significant legal repercussions. Penalties for breaches of the HVNL can vary widely, from fines to potential disqualification from driving. The specifics of penalties and enforcement mechanisms are generally found in the HVNL itself, rather than in this notice.

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