Heavy Vehicle National Law
New South Wales Class 1 Yacht Trailer Rear Overhang Dimension Exemption Notice 2022 (No.1)
- Purpose
This Notice exempts a heavy combination consisting of a heavy vehicle towing a trailer carrying a small yacht from the rear overhang requirements of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (MDL Regulation).
2. Authorising Provision
This Notice is made under section 117 of the Heavy Vehicle National Law.
3. Commencement
This Notice commences on 1 October 2022.
4. Expiry
This Notice expires on 30 September 2027.
5. Title
This Notice may be cited as the New South Wales Class 1 Yacht Trailer Rear Overhang Dimension Exemption Notice 2022 (No.1).
6. Definitions
1) Unless otherwise stated, words and expressions used in this Notice have the same meanings as those defined in the HVNL.
2) In this Notice:-
Yacht trailer means a trailer designed to carry a yacht.
Yacht means small sized sailboat equipped for cruising.
Forward projection means the load projection in front of the trailer pivot point.
Trailer ROH means the distance between the rear overhang line and the point where the trailer ends.
Yacht ROH means the distance between the rear overhang line and the extreme rear of the yacht, including any of its equipment.
Guide means the New South Wales Class 1 Yacht Trailer Rear Overhang Dimension Exemption Notice 2022 Operators Guide published and maintained on the National Heavy Vehicle Regulator’s (NHVR) website.
7. Application
1) This notice applies to a heavy combination:
a) that is towing a yacht trailer; and
b) does not exceed 19.0m in total length; and
c) at least one component in the combination is a heavy vehicle with a GVM or ATM of more than 4.5t.
2) This Notice applies in New South Wales.
3) This Notice only applies to a heavy vehicle operating in the stated routes set out in section 10.
4) A vehicle that complies with this section is an eligible vehicle.
8. Exemptions - Dimension
1) An eligible vehicle is exempt from the following dimension requirements in Schedule 6 to the MDL National Regulation:
a) Section 5 – Rear Overhang length.
2) The exemption in this section only applies to the extent of the conditional dimensions set out in section 9 of this Notice.
9. Conditions – Length
An eligible vehicle must comply with all dimensional requirements stated in Table 1.
Table 1: Conditional Dimension Limits
Forward Projection (FP) | Trailer Rear Overhang (Trailer ROH) | Rear Overhang (Yacht ROH) | Width limit applying to any part of the yacht extending beyond Trailer ROH(W) |
1.2m | 3.7m | 5.0m | 2.0m |
Note: A diagram of the above table is provided in the Guide for this Notice.
10. Conditions - Areas and Routes
An eligible vehicle is allowed to access all roads in New South Wales.
11. Conditions – Guide Conditions
An eligible vehicle operating under this Notice must comply with any further conditions set out in the Guide.
Peter Caprioli
Executive Director (Freight and Supply Chain Productivity)
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law New South Wales Class 1 Yacht Trailer Rear Overhang Dimension Exemption Notice 2022 (No.1) was enacted to address a specific issue concerning the transportation of small yachts in heavy vehicle combinations within New South Wales. The Notice, made under section 117 of the Heavy Vehicle National Law, was introduced by the Parliament of New South Wales and aims to provide a streamlined process for such combinations while ensuring road safety and compliance with national regulations. The Notice commenced on 1 October 2022 and will expire on 30 September 2027, offering a temporary exemption from certain rear overhang requirements for eligible heavy combinations transporting small yachts. This legislative measure seeks to facilitate the movement of these vehicles within the state while maintaining necessary safety standards.
Scope and Application
The New South Wales Class 1 Yacht Trailer Rear Overhang Dimension Exemption Notice 2022 (No.1) applies specifically to heavy vehicle combinations in New South Wales, where a heavy vehicle is towing a trailer designed to carry a small sailboat, and the total length of the combination does not exceed 19.0 metres. The Notice exempts such vehicles from certain rear overhang dimension requirements outlined in Schedule 6 to the Heavy Vehicle (Mass Dimension and Loading) National Regulation, provided that at least one component of the combination is a heavy vehicle with a Gross Vehicle Mass (GVM) or Actual Total Mass (ATM) of more than 4.5 tonnes. The exemption is valid only if the vehicle complies with the dimensional conditions specified in the Notice, such as the forward projection, trailer rear overhang, and yacht rear overhang dimensions, and width limits for any part of the yacht extending beyond the trailer rear overhang. The exemption applies to all roads in New South Wales and is further governed by additional conditions detailed in the New South Wales Class 1 Yacht Trailer Rear Overhang Dimension Exemption Notice 2022 Operators Guide, which is maintained on the National Heavy Vehicle Regulator's website. The Notice commences on 1 October 2022 and expires on 30 September 2027.
Key Provisions
The New South Wales Class 1 Yacht Trailer Rear Overhang Dimension Exemption Notice 2022 (No. 1) exempts a heavy vehicle towing a trailer carrying a small yacht from the rear overhang requirements of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (MDL Regulation) (section 7). This Notice is made under section 117 of the Heavy Vehicle National Law (section 2) and applies to heavy combinations that do not exceed 19.0m in total length and have at least one component with a GVM or ATM of more than 4.5t (section 7(1)). This Notice applies in New South Wales and only to a heavy vehicle operating in the specified routes set out in section 10 (section 7(2) and (3)). The exemption applies to an eligible vehicle under the specified dimensional conditions (section 8).
The eligible vehicle must comply with all dimensional requirements stated in Table 1 (section 9). The eligible vehicle is allowed to access all roads in New South Wales (section 10). The eligible vehicle must also comply with any further conditions set out in the Guide (section 11). The Notice provides clear guidance and specifications to ensure compliance with the exemption while maintaining safety standards for heavy vehicle operations in New South Wales.
Breach of the provisions of this Notice may result in various civil or criminal consequences. The HVNL outlines the general offences and penalties associated with breaches of the regulations, including fines and potential imprisonment. The maximum penalty for contravening the HVNL is generally aligned with the severity of the offence, with potential fines ranging from minor infringements to significant penalties for serious violations. For instance, driving a heavy vehicle in contravention of the HVNL can result in a fine of up to $22,000 for individuals and $110,000 for corporations. Additionally, the HVNL provides for the imposition of demerit points and disqualification from driving, further emphasising the importance of compliance. Failure to adhere to the conditions specified in this Notice could lead to enforcement actions under the HVNL, including fines, demerit points, and potential disqualification from driving.
In summary, the New South Wales Class 1 Yacht Trailer Rear Overhang Dimension Exemption Notice 2022 (No. 1) provides a clear framework for the exemption of certain heavy vehicle combinations from specific rear overhang requirements, subject to the conditions outlined in the Notice. Compliance with the dimensional requirements and further conditions set out in the Guide is essential to avoid potential penalties and ensure safe operation of heavy vehicles in New South Wales.