New South Wales Class 1 Heavy Vehicle Grain Auger Combination Exemption Notice 2015

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Legislation au C2015G01593 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

 

NEW SOUTH WALES CLASS 1 HEAVY VEHICLE GRAIN AUGER COMBINATION EXEMPTION NOTICE 2015 (No.1)

 

  1. Purpose

 

The purpose of this Notice is to exempt grain auger combinations from the dimensions 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 Grain Auger 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 Grain Auger Combination Exemption Notice 2015.

 

4.      Commencement

 

This Notice commences on 1 October 2015.

 

5.      Expiry

 

This Notice expires on 30 September 2020.

 

6.      Definitions

 

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

 

7.      Application

 

(1)    This Notice applies to a grain auger trailer in combination with a towing motor vehicle.

 

(2)    This Notice applies in New South Wales.

 

 

8.       Exemption from Prescribed Vehicle Standards

 

(1)    A grain auger combination described in Section 7 of this Notice is exempt from the following provisions of Schedule 6, Part 2 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, subject to the conditions in this Notice:

 

(a)    section 3(1)(a);

(b)    section 5 (1) & (2);

(c)     section 6(3); and

(d)    section 7.

 

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 the New South Wales Class 1 Agricultural Vehicles (Notice) 2015, subject to:

 

(a)    The dimension limits applicable to each zone as set out in Section 10(1) of this Notice;

(b)    The pilot vehicle requirements as set out in Part 4 of this Notice; and

(c)     The travel restrictions imposed as set out in Appendix 2 of the New South Wales Class 1 Agricultural Vehicles (Notice) 2015.

 

10.   Special Conditions

 

(1)    A vehicle operating under this Notice must not exceed the dimension limits set out in Table 1, subject to Section 10(2) of this Notice.

 

Table 1 Grain Auger Dimensions

Zone

A

B

C

D

E

F

NSW Urban Zone

(up to)

7.0 m

(up to)

19.0 m

(up to)

23.0 m

(up to)

4.3 m

(up to)

0.5 m

(up to)

3.0 m

NSW Eastern Zone

(up to)

9.0 m

(up to)

19.0 m

(up to)

25.0 m

(up to)

4.3 m

(up to)

0.5 m

(up to)

3.5 m

NSW Western Zone

(up to)

10.0 m

(up to)

19.0 m

(up to)

25.0 m

(up to)

4.3 m

(up to)

0.5 m

(up to)

3.5 m

 

(2)    The auger’s rear overhang (Dimension A) must be the lesser of:

 

(a)    The dimension limit set out in Table 1; and

(b)    53% of the auger’s overall length (Dimension B in diagram 1)

 

 

 

Diagram 1 Grain Auger Dimensions

 


A means the rear overhang of the grain auger as defined in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation

 

B means the length of the grain auger

 

C means the overall length of the grain auger in combination with the towing motor vehicle

 

D means the height of the grain auger

 

E means the width of the grain auger’s tube

 

F means the maximum width of the combination

 

 


PART 4 – ZONAL PILOT VEHICLE REQUIREMENTS

 

11.   Pilot Vehicle Requirements

 

(1)    When a combination, to which this Notice applies, is operating in the NSW Urban Zone and the distance of dimension A exceeds 5.5m, it must be accompanied by at least one pilot vehicle.

 

(2)    A combination operating under this Notice in the NSW Eastern Zone must be accompanied by at least one pilot vehicle if:

 

(a)    The distance of Dimension A exceeds 7.0m; or

(b)    The distance of Dimension F exceeds 3.0m.

 

(3)    A combination operating under this Notice in the NSW Western Zone must be accompanied by at least one pilot vehicle if the distance of Dimension A exceeds 9.0m.

 

 

 

Dated 25 September 2015

 

 

 

 

 

 

 

 

 

 

Geoff Casey

Acting Chief Executive Officer

National Heavy Vehicle Regulator

 

Overview

The New South Wales Class 1 Heavy Vehicle Grain Auger Combination Exemption Notice 2015 (No.1) was enacted by the National Heavy Vehicle Regulator to address the need for specific exemptions for grain auger combinations from the general dimensions prescribed under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This Notice, replacing the previous exemption from 2010, aims to facilitate the operation of grain auger combinations in New South Wales while ensuring safety and compliance with certain conditions. It was authorised under section 117 of the Heavy Vehicle National Law (HVNL) and commenced on 1 October 2015, expiring on 30 September 2020. The primary objective of this legislation is to provide exemptions from specified dimensions for grain auger combinations, subject to outlined conditions and requirements, ensuring that these vehicles can operate within designated zones in New South Wales under certain pilot vehicle and dimensional constraints.

Scope and Application

The New South Wales Class 1 Heavy Vehicle Grain Auger Combination Exemption Notice 2015 provides exemptions from certain dimensions prescribed under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation for grain auger combinations operating within New South Wales. This Notice applies specifically to grain auger trailers when used in combination with a towing motor vehicle and is limited to the urban, eastern, and western zones of New South Wales. It exempts such combinations from specific sections of the National Regulation but imposes certain conditions, including dimensional limits and pilot vehicle requirements, depending on the zone in which the vehicle is operating. The exemptions and conditions are designed to allow for the practical operation of grain auger combinations while maintaining safety standards. This Notice came into effect on 1 October 2015 and will expire on 30 September 2020, unless otherwise amended or extended.

Key Provisions

The New South Wales Class 1 Heavy Vehicle Grain Auger Combination Exemption Notice 2015 (No.1) (the "Notice") exempts certain grain auger combinations from specific dimensions set out in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, subject to conditions (s.8). Specifically, grain auger combinations are exempt from sections 3(1)(a), 5(1) & (2), 6(3), and 7 of Schedule 6, Part 2 of the National Regulation (s.8(1)). The Notice applies to a grain auger trailer in combination with a towing motor vehicle and operates within New South Wales (s.7). The exemption is contingent upon the combination adhering to the dimensional limits and requirements outlined in the Notice. The Notice imposes several obligations on the parties it governs. For example, grain auger combinations must not exceed specified dimension limits (s.10(1)). These limits vary depending on the zone in which the combination is operating: NSW Urban, NSW Eastern, and NSW Western (s.10(1)). Additionally, the auger’s rear overhang (Dimension A) must not exceed the lesser of the specified limit or 53% of the auger’s overall length (Dimension B) (s.10(2)). Furthermore, certain combinations must be accompanied by a pilot vehicle, depending on the zone and the dimensions of the combination (s.11). Failure to comply with the requirements set out in the Notice can result in various consequences. While the Notice does not explicitly state offences, penalties, or consequences for breach, the Heavy Vehicle National Law (HVNL) under which the Notice is made does provide for such provisions. Under the HVNL, breaches can lead to criminal and civil penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties can vary, but typically include fines of up to $16,500 for individuals and $82,500 for bodies corporate, as well as potential imprisonment terms for serious offences.

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