HEAVY VEHICLE NATIONAL LAW
NEW SOUTH WALES CLASS 1 HEAVY VEHICLE COMBINE HARVESTER COMBINATION EXEMPTION NOTICE 2015 (No.1)
- Purpose
The purpose of this Notice is to exempt combine harvester combinations from the dimension limits in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, subject to the conditions and requirements set out in this Notice.
Note- This Notice replaces the New South Wales Class 1 Combine Harvester Combination Exemption Notice 2010, previously in force to 30 September 2015.
2. Authorising Provision
This Notice is made under section 117 of the Heavy Vehicle National Law (HVNL).
3. Title
This Notice may be cited as the New South Wales Class 1 Heavy Vehicle Combine Harvester Combination Exemption Notice 2015.
4. Commencement
This Notice commences on 1 October 2015.
5. Expiry
This Notice expires on 30 September 2020.
6. Definitions
(1) Unless otherwise stated, words and expressions used in this Notice have the same meaning as those defined in the HVNL.
(2) In this Notice –
air compressor means a trailer fitted with an apparatus that is designed to compress air, which is then used to clean surplus grain and chaff from the machinery and other parts of the combine harvester combination.
comb trailer means a trailer which is specially designed and constructed for transporting the comb (the reaping implement) of a combine harvester.
combine harvester means an agricultural machine which simultaneously combines the operations of reaping, threshing and winnowing grain crops.
7. Application
(1) This Notice applies to a combine harvester towing a comb trailer and an air compressor trailer (coupled in that order only).
(2) This Notice applies in New South Wales.
8. Exemption from prescribed dimension requirements
(1) A vehicle operating under this Notice is exempt from the following provisions of Part 2 of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, subject to the conditions in this Notice:
(a) Section 3(1)(a) as far as it applies to a vehicle operating under this Notice.
(b) Section 7(1).
PART 3- CONDITIONS
9. Travel Conditions
(1) Combinations operating under this Notice may operate in the NSW Urban, NSW Eastern and NSW Western zones as defined in New South Wales Class 1 Agricultural Vehicles (Notice) 2015, subject to:
(a) the dimension limits applicable to each zone as set out in Table 1 of this Notice; and
(b) the speed restrictions as set out in section 11 of this Notice.
(2) A combination operating under this Notice must also operate in accordance with the New South Wales Class 1 Agricultural Vehicles (Notice) 2015.
10. Dimension Conditions
A combination operating under this Notice must not exceed the dimension limits set out in Table 1.
Table 1 Combine Harvester Combination Dimension Limits
Zone | Length of Combination | Length of agricultural machine | Width | Height |
NSW Urban Zone or Eastern | (up to) 25.0 m | (up to) 12.5 m | (up to) 5.0 m | (up to) 4.3 m |
NSW Western Zone | (up to) 25.0 m | (up to) 12.5 m | (up to) 6.0 m | (up to) 4.3 m |
11. Speed Conditions
A combine harvester combination to which this Notice applies must not be driven on a road or a road related area, at a speed exceeding 30 km/h.
Dated 25 September 2015
Geoff Casey
Acting Chief Executive Officer
National Heavy Vehicle Regulator
Overview
The New South Wales Class 1 Heavy Vehicle Combine Harvester Combination Exemption Notice 2015 was introduced to address the need for specific exemptions to the dimension limits for combine harvester combinations in New South Wales. This Notice was enacted to allow for the efficient movement of these agricultural machines, which are critical for crop harvesting, while ensuring road safety and compliance with relevant regulations. The Notice was made under section 117 of the Heavy Vehicle National Law (HVNL) and serves to exempt combine harvester combinations from certain dimension requirements of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, subject to the conditions and limitations set out within the Notice. The primary policy objective is to balance the operational needs of the agricultural sector with the safety considerations for road users by imposing specific conditions on the dimensions, travel zones, and speed limits for these heavy vehicles.
Scope and Application
The New South Wales Class 1 Heavy Vehicle Combine Harvester Combination Exemption Notice 2015 applies to a specific type of vehicle combination, namely a combine harvester towing a comb trailer and an air compressor trailer in that order, and is applicable within the jurisdiction of New South Wales. This Notice, made under section 117 of the Heavy Vehicle National Law, exempts such combinations from certain dimension limits prescribed by the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, provided the conditions and requirements of the Notice are adhered to. It is important to note that this Notice replaces the previous New South Wales Class 1 Combine Harvester Combination Exemption Notice 2010, which was in force until 30 September 2015, and this current Notice will expire on 30 September 2020. The exemption and conditions apply to vehicles operating within the NSW Urban, NSW Eastern, and NSW Western zones, as defined in the New South Wales Class 1 Agricultural Vehicles (Notice) 2015, with specific dimension and speed restrictions detailed within the Notice itself.
Key Provisions
The New South Wales Class 1 Heavy Vehicle Combine Harvester Combination Exemption Notice 2015 (No.1) provides exemptions from certain dimension limits for combine harvester combinations in New South Wales. This Notice applies to a combine harvester towing a comb trailer and an air compressor trailer (section 7). The exemptions from the prescribed dimension requirements are subject to the conditions outlined in the Notice (section 8).
The Notice imposes several obligations on parties governed by it. These include operating the combine harvester combination within specified dimension limits, adhering to speed restrictions, and complying with the New South Wales Class 1 Agricultural Vehicles (Notice) 2015 (sections 9, 10, and 11). The combination must not exceed certain length, width, and height limits depending on the zone in which it is operating (Table 1). Furthermore, the combination must not be driven at speeds exceeding 30 km/h (section 11).
There are potential civil and criminal consequences for breaches of the Notice. Although specific penalties are not detailed within the text of the Notice, breaches of the Heavy Vehicle National Law (HVNL) can lead to penalties, including fines and potential disqualification from driving. The maximum penalties for breaches of the HVNL can vary but generally include substantial fines and imprisonment terms, depending on the severity and frequency of the offence.