New South Wales Class 1 Agricultural Machine Combination Exemption Notice 2017

Overview

The New South Wales Class 1 Agricultural Machine Combination Exemption Notice 2017 (No. 1) was enacted to address the need for streamlined regulations governing the use of heavy agricultural machine combinations, specifically those used for transporting primary produce, within New South Wales. This Notice, which commenced on 1 January 2018 and is set to expire on 31 December 2023, was authorised under Section 117 of the Heavy Vehicle National Law and aims to provide mass exemptions for eligible combinations subject to specific conditions. These conditions encompass mass restrictions, braking capabilities, speed limits, and conspicuity requirements, ensuring that such vehicles are operated safely and effectively within the state. The Notice seeks to balance the operational needs of agricultural businesses with the safety concerns associated with the transportation of heavy machinery.

Scope and Application

The New South Wales Class 1 Agricultural Machine Combination Exemption Notice 2017 applies to agricultural machine combinations exceeding 4.5 tonnes Gross Combination Mass (GCM) that are used for transporting primary produce within New South Wales. This Notice is designed to exempt such vehicles from certain mass requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, subject to specific conditions. These conditions include restrictions on the gross mass of the combination, the loaded mass of the trailer relative to the towing vehicle, and adherence to manufacturer specifications for the GCM and component ratings. The exemption also encompasses operational limitations such as braking capability, speed restrictions, and conspicuity requirements, including the installation of amber rotating beacons and light boards. This Notice, effective from 1 January 2018 and expiring on 31 December 2023, provides a comprehensive framework for the lawful operation of these vehicles within New South Wales, ensuring they meet necessary safety and regulatory standards.

Key Provisions

The New South Wales Class 1 Agricultural Machine Combination Exemption Notice 2017 (No.1) provides exemptions from certain mass requirements for agricultural machine combinations over 4.5 tonnes Gross Combination Mass (GCM) used for transporting primary produce, subject to specific conditions (sections 7 and 10). The Notice applies to all roads in New South Wales, provided they meet mass and dimension requirements (sections 7 and 10(1)). It mandates that the gross mass of the combination must not exceed 15 tonnes, and the loaded mass of the trailer must not exceed the loaded mass of the towing vehicle by more than 50% (section 10(2)). Additionally, the manufacturer’s Gross Combination Mass (GCM) and ratings for any component of the combination must not be exceeded (sections 10(3) and 10(4)). The hauling unit must also be capable of stopping the combination from a speed of 35 km/h within 16.5 metres (section 11), and the combination must not travel faster than the lesser of 20 km/h below the speed limit or 50 km/h (section 12). Furthermore, for conspicuity purposes, at least one amber rotating beacon must be fitted at the highest point in the combination during daylight, or a removable light board with brake, tail and turn lights and reflectors must be fitted to the rear of the combination (section 13(1)). At night, a removable light board must be fitted to the rear and an amber rotating beacon at the highest point (section 13(2)). Under this Notice, agricultural machine combinations must adhere to several obligations and requirements to remain compliant. Firstly, the combination’s gross mass must not exceed 15 tonnes, and the loaded mass of the trailer must not exceed the loaded mass of the towing vehicle by more than 50% (section 10(2)). Secondly, the manufacturer’s Gross Combination Mass (GCM) and ratings for any component of the combination must not be exceeded (sections 10(3) and 10(4)). The hauling unit must possess the necessary mass and braking capability to stop the combination from a speed of 35 km/h within 16.5 metres (section 11). Additionally, the combination must not exceed a speed of 50 km/h, or 20 km/h below the speed limit, whichever is lower (section 12). For conspicuity, at least one amber rotating beacon must be fitted at the highest point of the combination during daylight, or a removable light board with brake, tail and turn lights and reflectors must be fitted to the rear (section 13(1)). At night, a removable light board must be fitted to the rear, and an amber rotating beacon at the highest point (section 13(2)). Failure to comply with the conditions outlined in this Notice may result in penalties. While the specific penalties are not detailed within the Notice itself, breaches of the Heavy Vehicle National Law, under which this Notice is made, can attract both civil and criminal penalties. For example, contravention of the mass, dimension and loading regulations can result in fines up to $13,260 for individuals and $66,300 for corporations, as stipulated under Section 193 of the Heavy Vehicle National Law. Additionally, drivers found operating a vehicle in breach of the speed limit conditions could face a fine of up to $3,315 and the loss of demerit points. The severity of the penalties may vary based on the nature and extent of the breach, as well as any previous convictions.