HEAVY VEHICLE NATIONAL LAW
New South Wales Class 1 Load Carrying Vehicles Notice Amendment Notice 2015 (No. 1)
1 Purpose
(1) The purpose of this notice is to make minor amendments to the Class 1 Load Carrying Vehicles Notice 2014 published in the New South Wales Government Gazette No 15 of 7 February 2014 at pages 348 to 386.
2 Authorising Provision
(1) This notice is made under Section 117, and Section 23 of Schedule 1, of the Heavy Vehicle National Law.
3 Period of operation
(1) Subject to Subsection (2), this notice commences on the date of its publication in the Commonwealth Gazette and is in force until 9 February 2019.
(2) Paragraphs 4(1)(c),(e) and (f) comes into force 28 days after this notice is published in the Commonwealth Gazette.
4 Amendment of 2014 Notice
(1) The Class 1 Load Carrying Vehicles Notice 2014 is amended as follows—
(a) In Table 1 (Maximum dimension limits) of Part 3 of the Schedule, omit the second row and insert—
Loaded combination consisting of a prime mover and a semi-trailer | 4.6m | 3.5m | 25.0m | Lesser of 5.5m or 25% of total vehicle combination length |
(b) In Appendix 2 omit the map at clause 1.2.5 and insert –
(c) In Appendix 2 after the final row of the table under clause 2.1.1 (Week day and peak hour travel restrictions ), insert—
Between the M1 Pacific Motorway (6003) near Seahampton and the New England Highway (HW9) near Branxton. | Hunter Expressway | If wider than 3.2m – Monday to Friday 7.00 am to 9.00 am; and Monday to Friday 4 pm to 6 pm (except on Statewide public holidays). |
(d) In Appendix 2 after the final row of the table under clause 2.1.2(b), insert—
Hunter Expressway (6011) | Between the M1 Pacific Motorway (6003) near Seahampton and the New England Highway (HW9) near Branxton. |
(e) In Appendix 2 after the final row of the table under clause 2.1.4(b), insert—
Hunter Expressway between the M1 Pacific Motorway (6003) near Seahampton and the New England Highway |
(f) In Appendix 2 omit the final row of Table 2.2.1 (Northern Ranges and North Coast NSW), and insert—
New England Highway southbound at Moonbi Range (defined from South of Bendemer to Moonbi) | N/A | N/A | N/A | Police escort required when width exceeds 3.5 metres. See Part 3.1 for Police contact details. |
New England Highway – Bolivia to Peberdy's Creek Deepwater | N/A | N/A | N/A | Police escort required when width exceeds 3.5 metres. See Part 3.1 for Police contact details. |
(g) In Appendix 2 table 2.3.1 (Hunter Region), omit—
BN3379 Fitzgerald Bridge | Over Hunter River, southbound New England Highway Aberdeen |
(h) In Appendix 2 table 2.3.4 (Southern Region), omit—
BN6396 James Park Bridge | Over Crookwell River, Binda Road north west of Crookwell |
(i) In Appendix 2 table 2.3.5 (South Western Region), omit—
BN5184 | Murray River approach , Bridge No.3 at Robinvale |
5 No requirement to carry
(1) Notwithstanding clause 5.1.1 of the Class 1 Load Carrying Vehicles Notice 2014, this notice need not be carried in a heavy vehicle or combination operating under this notice.
Dated: 25 February 2022
Sal Petroccitto
Chief Executive Officer
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law New South Wales Class 1 Load Carrying Vehicles Notice Amendment Notice 2015 (No. 1) was enacted to make minor amendments to the Class 1 Load Carrying Vehicles Notice 2014, addressing issues related to the maximum dimension limits of loaded combinations consisting of a prime mover and a semi-trailer, as well as travel restrictions on specific roads in New South Wales. This notice was made under Sections 117 and 23 of Schedule 1 of the Heavy Vehicle National Law, and it was authorised by the New South Wales Parliament. The policy objective of this amendment notice is to improve safety and efficiency in the transportation of heavy vehicles by updating regulations to reflect current road conditions and traffic management strategies.
This notice came into effect on the date of its publication in the Commonwealth Gazette, with certain provisions taking effect 28 days after publication, and remained in force until 9 February 2019. It amended the 2014 Notice by modifying maximum dimension limits and travel restrictions, including the removal and addition of specific road segments where heavy vehicles are subject to certain restrictions. Notably, the notice also included provisions for police escort requirements in certain areas where the width of the vehicle exceeds specified limits. The notice does not require the amended 2014 Notice to be carried in the vehicle, a departure from previous requirements under clause 5.1.1 of the Class 1 Load Carrying Vehicles Notice 2014.
Scope and Application
The Heavy Vehicle National Law New South Wales Class 1 Load Carrying Vehicles Notice Amendment Notice 2015 (No. 1) applies to the regulation of Class 1 Load Carrying Vehicles within New South Wales. This includes vehicles such as prime movers and semi-trailers operating within the state. The Notice is designed to make minor amendments to the Class 1 Load Carrying Vehicles Notice 2014, including changes to maximum dimension limits and travel restrictions. The Notice is applicable until 9 February 2019, with certain sections coming into effect 28 days after publication in the Commonwealth Gazette. It does not need to be carried in a heavy vehicle or combination operating under this notice. The Notice is made under Section 117, and Section 23 of Schedule 1, of the Heavy Vehicle National Law, and may be extended or restricted through subordinate instruments.
Key Provisions
This notice primarily amends the Class 1 Load Carrying Vehicles Notice 2014, which regulates the operation of heavy vehicles in New South Wales. Section 4(1) amends the maximum dimension limits for loaded combinations, specifying that the lesser of 5.5 meters or 25% of the total vehicle combination length is permitted, rather than the previously stated 4.6 meters. The notice also revises travel restrictions and police escort requirements for specific routes and bridges, enhancing safety and compliance measures (section 4(2)-(4)). Additionally, it removes certain bridges from the list of those requiring police escorts when the vehicle's width exceeds 3.5 meters (section 4(5)-(7)).
The obligations imposed by this notice include adherence to the new maximum dimension limits for vehicle combinations and compliance with travel restrictions on specified routes during peak hours. Drivers must also ensure that any required police escorts are arranged when crossing certain bridges where the vehicle width exceeds 3.5 meters. These obligations are designed to enhance safety and efficiency in the operation of heavy vehicles in New South Wales (section 4(1)-(7)).
Failure to comply with the provisions of this notice can result in significant legal consequences. Although the notice itself does not explicitly state penalties, breaches of the Heavy Vehicle National Law, under which this notice is made, can lead to both civil and criminal penalties. Civil penalties may include fines up to a specified maximum amount, while criminal offences can result in more severe penalties, including imprisonment, depending on the severity and frequency of the breach (sections 117 and 23 of the Heavy Vehicle National Law).
This notice also specifies that it does not need to be carried on board the heavy vehicle or combination operating under it (section 5(1)). Despite this, drivers must still be aware of and comply with the amended provisions, as enforcement can still occur even without the notice being physically carried on the vehicle. The focus of the notice is on ensuring compliance through updated regulations rather than through the physical presence of documentation (section 5(1)).