New South Wales Class 1 Agricultural Cotton Vehicle Exemption (Notice) 2014 (No. 1)

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

Legislation au C2014G00619 In force Gazette

Legislation content

HEAVY VEHICLE NATIONAL LAW

 

NEW SOUTH WALES CLASS 1 AGRICULTURAL COTTON VEHICLE EXEMPTION (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 (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 the Schedule.

 

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

 

 ‘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 Gywdir 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 may use the stated routes 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)    Schedule 8 (Conditions of Mass or Dimension Exemptions Applying to Class 1 heavy vehicles) of the National Regulation and to any conditions specified in this Notice; and

(b)    the NSW Class 1 Load Carrying Vehicles Notice 2014, other than the ‘Newell Highway from Tocumwal to Goondiwindi. mentioned in clause 9 of that notice; 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 Part 4 of the NSW Class 1 Load Carrying Vehicles Notice 2014.

 

 

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 Part 3 of the NSW Class 1 Load Carrying Vehicles Notice 2014.

 

 

Declaration

 

I, Melinda Bailey, delegate of the National Heavy Vehicle Regulator herby 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: 11 April 2014

 

 

 

Melinda Bailey

Chief Financial Officer

National Heavy Vehicle Regulator

 

Overview

The New South Wales Class 1 Agricultural Cotton Vehicle Exemption (Notice) 2014 (No. 1) was enacted to address the need for temporary exemptions for class 1 vehicles transporting Agricultural Cotton Vehicles from certain mass and dimension requirements stipulated in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This notice, made under section 117 of the Heavy Vehicle National Law, allows for flexibility during the cotton harvesting season to mitigate operational disruptions and ensure efficiency in agricultural activities. It specifies that the exemption applies to class 1 vehicles engaged in transporting Agricultural Cotton Vehicles within New South Wales, permitting them to use designated routes and operate within specified hours on 19th and 20th April 2014. The primary policy objective is to facilitate the smooth operation of agricultural tasks associated with cotton harvesting, ensuring that mass and dimension requirements do not impede the timely completion of these activities.

Scope and Application

The Heavy Vehicle National Law New South Wales Class 1 Agricultural Cotton Vehicle Exemption (Notice) 2014 (No. 1) aims to exempt class 1 vehicles transporting agricultural cotton vehicles from certain mass and dimension requirements specified in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This exemption applies to vehicles engaged in tasks related to the harvesting of cotton, such as class 1 Agricultural Vehicles or Agricultural Trailers. The notice is made under section 117 of the Heavy Vehicle National Law and applies specifically within the state of New South Wales, with its geographic scope limited to defined routes and timeframes. Effective from sunrise on April 19, 2014, until sunset on April 20, 2014, it exempts these vehicles from specific mass and dimension requirements, provided they adhere to the conditions outlined in the notice and the NSW Class 1 Load Carrying Vehicles Notice 2014. This exemption is strictly applicable to the specified period and routes, ensuring compliance with regulatory conditions for maximum permissible mass and dimensions.

Key Provisions

The notice exempts class 1 vehicles transporting Agricultural Cotton Vehicles from specific mass and dimension requirements of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (National Regulation). This exemption applies to vehicles engaged in tasks associated with the harvesting of cotton, as defined in the notice (section 6). The notice is limited to certain routes in New South Wales, including sections of the Newell Highway, Kamilaroi Highway, Gwydir Highway, and Bruxner Highway, from sunrise on Saturday, 19th April 2014, until sunset on Sunday, 20th April 2014 (sections 9 and 10). The exemption covers mass limits for single vehicles or combinations, single axles or axle groups, and axle spacing, as well as dimension requirements related to length, width, and height (sections 11 and 12). The notice imposes several obligations on the parties it governs. Firstly, the driver and operator of a class 1 vehicle to which this notice applies must comply with the conditions set out in Schedule 8 of the National Regulation, any conditions specified in this Notice, and the NSW Class 1 Load Carrying Vehicles Notice 2014, excluding certain provisions (section 13). The maximum permissible mass of the vehicle, when used on the specified roads, is governed by Part 4 of the NSW Class 1 Load Carrying Vehicles Notice 2014, while the maximum permissible dimensions are regulated by Part 3 of the same notice (sections 14 and 15). Compliance with these conditions is critical to ensuring that the exemption is exercised within the intended parameters. Failure to comply with the conditions outlined in the notice may result in various consequences. While the notice does not explicitly state penalties, breaches of the Heavy Vehicle National Law generally attract penalties under the law. These penalties may include fines and, in some cases, criminal charges. The specific penalties for breaches of the Heavy Vehicle National Law are not detailed in this notice but can be found in the relevant sections of the law. The notice is a temporary measure, commencing at sunrise on 19th April 2014, and expiring at sunset on 20th April 2014, highlighting the need for strict adherence to its terms during its period of effect (sections 4 and 5).

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