New South Wales Class 1 Special Purpose Vehicle and Combination Exemption Notice 2024 (No.2)

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

Legislation au C2024G00439 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

New South Wales Class 1 Special Purpose Vehicle and Combination Exemption Notice 2024 (No.2)  

  1. Purpose

 

(1)    This notice grants exemptions from mass and dimension requirements for a class 1 heavy vehicle that is a special purpose vehicle (SPV) or a SPV combination.

 

(2)    This notice revokes and replaces the New South Wales Class 1 Special Purpose Vehicle and Combination Exemption Notice 2024 (No.1).

 

2.       Authorising provision

 

(1)    This notice is made under the following provision of the HVNL:

 

(a)    section 117 – Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement.

(b)    section 23 of Schedule 1 – Regulator’s power to amend or repeal instrument.

 

3.       Title

 

This notice may be cited as the New South Wales Class 1 Special Purpose Vehicle and Combination Exemption Notice 2024 (No.2).

 

4.       Commencement date

 

This notice commences on 20 July 2024.

 

5.       Expiry date

 

This notice expires on 9 February 2029.

 

6.       Definitions

 

(1)    Unless otherwise stated, words and expressions used in this notice have the same meanings as those in the HVNL and its regulations.

 

(2)    In this notice:

Special purpose vehicle combination means a combination consisting of:

(a)    a special purpose vehicle towing a trailer; or

(b)    a prime mover towing a special purpose trailer; or

(c)     a special purpose vehicle towing a special purpose trailer.

Mobile crane means a heavy motor vehicle that is:

(a)    equipped with a crane or other lifting device; and

(b)    designed primarily for raising, moving and lowering a freely suspended load.

Truck mounted SPV means an SPV built using an ADR compliant heavy vehicle cab chassis.

7.       Application

 

(1)    This notice applies to a class 1 heavy vehicle that meets all the requirements in this section.

 

(2)    This notice applies to a heavy vehicle that is a special purpose vehicle or a special purpose vehicle combination that does not exceed 40t in GVM.

 

(3)    This notice does not apply to a SPV equipped with a triaxle drive group, or SPV trailers with non-drive tri-axle groups.

 

(4)    This notice applies in New South Wales.

 

(5)    A heavy vehicle to which this section applies and that complies with the conditions of this notice is an eligible vehicle.

 

8.       Exemption – Prescribed mass requirements

 

(1)    An eligible vehicle is exempt from the following mass requirements under Schedule 1 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (MDL Regulation):

 

(a)    section 2 – Mass limits for a single vehicle or combination,

(b)    section 4 – Mass limits for a single axle or axle group,

(c)     section 5 – Mass limits relating to axle spacing generally.

 

(2)    An exemption in (1) only applies to an eligible vehicle to the extent that specific conditional mass limits are provided in sections 9, 10 and 11 of this notice.

 

(3)    In relation to a particular vehicle or component, if this notice provides for more than one mass limit to apply in the same circumstances, the more restrictive dimension limit applies.

 

(4)    In any case, any additional or conditional mass allowed under this notice may not exceed manufacturer’s mass limits pursuant to section 8 of the MDL Regulation.

 

9.       Conditions – Mass (total mass of an eligible vehicle)

 

An eligible vehicle must not exceed a GVM of 40t.

 

 

10.   Conditions – Mass (Mass limits for types of axle groups)

 

(1)    For an eligible vehicle, an axle group described in Column 1 of Table 1 must not exceed the mass listed in Column 2.

 

Table 1: Maximum masses for axle groups

Column 1

Column 2

Axle Group

Maximum mass (t)

Single axle or single axle group fitted with:

 

- single tyres

7.0

- dual tyres

10.0

Twinsteer axle group:

 

- without a load-sharing suspension system

10.0

- with a load-sharing suspension system

16.0

Tandem axle group fitted with single tyres

14.0

Tri-axle group fitted with single tyres

18.0

 

(2)    The mass on a tandem axle group fitted with dual tyres, where the centre-lines of the axles are less than 1.35m apart, must not exceed 20.0t:

 

(a)    decreased by 1.0t for each 100mm by which the axle group’s GCW is less than 2.4m, or

(b)    increased by 1.0t for each 100mm by which the axle group’s GCW exceeds 2.5m, but not increased to more than 27.0t.

 

(3)    The mass on a tandem axle group fitted with dual tyres, where the centre-lines of the axles are at least 1.35m apart, must not exceed 23.0t:

 

(a)    decreased by 1.0t for each 100mm by which the axle group’s GCW is less than 2.4m, or

(b)    increased by 1.0t for each 100mm by which the axle group’s GCW exceeds 2.5m, but not increased to more than 27.0t.

 

(4)    The mass on a tri-axle group fitted with dual tyres, where the centre- lines of the axles are less than 1.35m apart, must not exceed 25.0t, decreased by 1.0t for each 100mm by which the axle group’s GCW is less than 2.4m.

 

(5)    The mass on a tri-axle group fitted with dual tyres, where the centre-lines of the axles are at least 1.35m apart, must not exceed 27.0t, decreased by 1.0t for each 100mm by which the axle group’s GCW is less than 2.4m.

 

(6)    An axle group that has dual tyres and is described in Table 2 must not exceed the mass listed in columns 2 to 5 for a given GCW listed in column 1.

 


Table 2: Mass limits for tandem and triaxle axle groups fitted with dual tyres

Column 1

Column 2

Column 3

Column 4

Column 5

GCW of axle (m)

Mass for tandem axle group

with axle spacing of less than 1.35m

(t)

Mass for tandem axle group

with axle spacing of at least 1.35m

(t)

Mass for tri-axle group

with axle spacing of less than 1.35m

(t)

Mass for tri-axle group

with axle spacing of at least 1.35m

(t)

2.00

16.0

19.0

21.0

23.0

2.10

17.0

20.0

22.0

24.0

2.20

18.0

21.0

23.0

25.0

2.30

19.0

22.0

24.0

26.0

2.40

20.0

23.0

25.0

27.0

2.50

20.0

23.0

25.0

27.0

2.60

21.0

24.0

25.0

27.0

2.70

22.0

25.0

25.0

27.0

2.80

23.0

26.0

25.0

27.0

2.90

24.0

27.0

25.0

27.0

3.00

25.0

27.0

25.0

27.0

3.10

26.0

27.0

25.0

27.0

3.20

27.0

27.0

25.0

27.0

> 3.20

27.0

27.0

25.0

27.0

 

11.   Conditional - Tyre mass limits and axle group mass limits

 

(1)    In order to travel at the mass limits identified in Table 1 in section 10, the tyre width limits in Table 3 must be met.

 

(2)    The mass on an axle fitted with tyres of a number and width described in Table 3 must not exceed the mass limit specified in the Table for that axle in relation to the narrowest tyre on the axle.

 

Table 3: Mass limits relating to tyre width

Tyre tread section width of the narrowest tyre on the axle (mm)

Mass limit (tonnes) if the axle has

At least

But less than

Two (2) tyres

Four (4) tyres

190

228

4.5

9.0

228

254

5.0

9.5

254

279

6.0

10.0

279

305

6.5

11.0

305

330

7.0

12.0

330

356

7.5

13.0

356

381

8.0

14.0

 


12.   Exemption – Prescribed dimension requirements

 

(1)    An eligible vehicle is exempt from the following dimension requirements under Schedule 6 of the MDL Regulation:

 

(a)    section 3 – Length (combination or single vehicle),

(b)    section 4 – Length (trailers),

(c)     section 5 – Length (rear overhang),

(d)    section 7 – Width,

(e)    section 8 – Height,

(f)     section 13 – Front and side projection of load.

 

(2)    An exemption in (1) only applies to the extent that specific conditional dimension limits are provided in section 13.

 

(3)    In relation to a particular vehicle or component, if this notice provides for more than one dimension limit to apply in the same circumstances, the more restrictive dimension limit applies.

 

13.   Condition – Dimension limits

 

(1)    An eligible vehicle operating under this notice must not exceed the dimension limits set out in Table 4 of this notice.

Table 4: Conditional dimension limits

Vehicle Type

Height

Width

Length

Projection in front of centre of steering wheel

Distance from the rear overhang line to rear of the vehicle (ROH)

Truck mounted SPV

4.6m

2.5m

14.5m

3.5m

Lesser of 4m or 90% of wheel base

Mobile crane

4.6m

3.5m

14.5m

3.5m

Lesser of 4m or 90% of wheel base

Towed Special Purpose Vehicle trailer

4.6m

3.5m

14.5m

-

Lesser of 4m or 90% of wheel base

Towed Special Purpose trailer combination

4.6m

3.5m

25m

-

Lesser of 4m or 90% of wheelbase

 

(2)    For this section, the width of a heavy vehicle must be measured in the same manner as in section 8 of the Heavy Vehicle (Vehicle Standards) National Regulation.

 

14.   Conditions – Intelligent access program conditions (IAP conditions) for certain cranes

 

(1)    An eligible vehicle that is a crane exceeding 2.5m in width must be enrolled in and comply with Intelligent Access Program (IAP) or Telematics Monitoring Application (TMA) as applied in New South Wales and as approved by Transport Certification Australia.

 

(2)    Pursuant to section 402(1)(a) and (b) of Chapter 7 of the HVNL, the following conditions of this notice are intelligent access program conditions:

 

(a)    any condition relating to mass or dimensions; and

(b)    any condition relating to stated areas or routes to which the authority applies, including any relating to speed or time of travel.

 

(3)    Pursuant to section 402(1)(c) of Chapter 7 of the HVNL, an eligible vehicle must be enrolled in and comply with an approved intelligent transport system specified in this section.

 

15.   Disapplication of Schedule 8 of the MDL Regulation

 

(1)    Pursuant to section 39(5) of the MDL Regulation, under this notice the conditions in Schedule 8 of the MDL Regulation relating to class 1 vehicles are disapplied and amended to the extent indicated in this section.

 

(a)    section 7 – Travel restrictions at night is disapplied.

 

16.   Condition – Stated areas or routes

 

(1)    An eligible vehicle may operate on routes and areas specified in the New South Wales Class 1 Special Purpose Vehicle and Combination Vehicle Operator’s Guide, as amended from time to time.

 

(2)    For the purposes of section 119(1)(a) of the HVNL, an area or route specified in this section is a stated area or route to which this notice applies.

 

(3)    An eligible vehicle operating on an area or route specified in this section must comply with the following conditions as specified for that route or area:

 

(a)    road conditions pursuant to section 160 of the HVNL; and

(b)    travel conditions pursuant to section 161 of the HVNL; and

(c)     vehicle conditions pursuant to section 162 of the HVNL.

 

Peter Austin

Director, Policy Implementation

National Heavy Vehicle Regulator

Overview

The Heavy Vehicle National Law (HVNL) was enacted to standardise the regulation of heavy vehicles across Australia. It addresses the need for a cohesive regulatory framework to ensure safety, efficiency, and consistency in the operation of heavy vehicles. This legislative instrument, the New South Wales Class 1 Special Purpose Vehicle and Combination Exemption Notice 2024 (No.2), was introduced by the New South Wales Government and made under the authority of the HVNL. It aims to provide specific exemptions from mass and dimension requirements for certain class 1 heavy vehicles operating within the state, ensuring they meet the necessary conditions for safe operation while allowing flexibility for special purpose vehicles. The notice revokes and replaces the previous exemption notice, reflecting updated requirements and policy objectives. This notice applies to eligible vehicles that comply with the conditions specified, including mass and dimension limits, intelligent access program requirements, and stated areas or routes for operation.

Scope and Application

The New South Wales Class 1 Special Purpose Vehicle and Combination Exemption Notice 2024 (No.2) applies to class 1 heavy vehicles that are special purpose vehicles (SPV) or SPV combinations in New South Wales. Specifically, this notice pertains to vehicles that do not exceed 40 tonnes in Gross Vehicle Mass (GVM). It does not apply to SPVs equipped with a triaxle drive group or SPV trailers with non-drive tri-axle groups. The notice exempts eligible vehicles from certain mass and dimension requirements outlined in the Heavy Vehicle (Mass Dimension and Loading) National Regulation (MDL Regulation), subject to specific conditions. Eligible vehicles are exempt from prescribed mass requirements for single vehicles, single axles, axle groups, and axle spacing, as well as dimension requirements for vehicle length, trailer length, rear overhang, width, height, and front and side projection of load. To qualify for these exemptions, vehicles must adhere to the conditional mass and dimension limits specified in the notice. Additionally, SPVs exceeding 2.5 meters in width must comply with the Intelligent Access Program (IAP) or Telematics Monitoring Application (TMA) conditions. The notice also disapplies certain travel restrictions at night and specifies areas and routes where eligible vehicles can operate, subject to compliance with road, travel, and vehicle conditions.

Key Provisions

The New South Wales Class 1 Special Purpose Vehicle and Combination Exemption Notice 2024 (No.2) sets out specific exemptions and conditions for certain heavy vehicles in New South Wales. The notice applies to Class 1 heavy vehicles that are special purpose vehicles (SPVs) or special purpose vehicle combinations, provided they do not exceed a Gross Vehicle Mass (GVM) of 40 tonnes (sections 4 and 7). However, it does not apply to SPVs equipped with triaxle drive groups or SPV trailers with non-drive tri-axle groups (section 4(3)). The notice exempts these eligible vehicles from certain mass and dimension requirements under the Heavy Vehicle (Mass Dimension and Loading) National Regulation, subject to specific conditions (sections 8 and 12). These conditions include mass limits for different types of axle groups (section 10) and dimension limits (section 13). Additionally, eligible vehicles must comply with tyre width limits (section 11) and, if they are cranes over 2.5 metres in width, they must be enrolled in and comply with the Intelligent Access Program (IAP) (section 14). The notice also disapplies certain travel restrictions at night and allows eligible vehicles to operate on specified routes and areas, subject to compliance with road, travel, and vehicle conditions (sections 15 and 16). The obligations imposed by the notice on the parties it governs are primarily concerned with ensuring that eligible vehicles comply with the specified mass, dimension, and tyre width limits, as well as any requirements related to the IAP. Owners and operators of eligible vehicles must ensure their vehicles meet the specified mass limits for different types of axle groups (section 10) and dimension limits (section 13). They must also ensure that their vehicles meet the tyre width limits (section 11) and, if applicable, are enrolled in and comply with the IAP (section 14). Additionally, if operating on specified routes and areas, they must comply with road, travel, and vehicle conditions as outlined in the New South Wales Class 1 Special Purpose Vehicle and Combination Vehicle Operator’s Guide (section 16). Breach of the conditions set out in the notice may result in legal consequences. While the notice itself does not explicitly outline penalties, any breach of the conditions may be considered a breach of the Heavy Vehicle National Law and Regulations, which could result in fines, prosecution, or other legal actions. The penalties for such breaches can be significant, depending on the severity and circumstances of the offence, and could include substantial fines and potential disqualification from operating heavy vehicles. It is essential for vehicle owners and operators to fully understand and comply with the conditions of the notice to avoid any legal repercussions.

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