New South Wales Class 2 Heavy Vehicle Authorisation And Class 3 Heavy Vehicle Exemption (Notice) - Hunter Expressway And Other Roads - 2014 (No. 1)

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Legislation au C2014G00638 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

 

NEW SOUTH WALES CLASS 2 HEAVY VEHICLE AUTHORISATION AND CLASS 3 HEAVY VEHICLE EXEMPTION (NOTICE) – HUNTER EXPRESSWAY AND OTHER ROADS - 2014 (NO. 1)

 

Purpose

 

  1. The purpose of this notice is to—

(a)    authorise the use of stated categories of class 2 vehicles, on stated routes during stated hours of stated days; and

(b)    exempt stated categories of class 3 heavy vehicles from prescribed mass and dimension requirements of the Heavy Vehicle (Mass, Dimension and  Loading) National Regulation (the National Regulation).

 

Note 1— This notice also exempts a B-double or another vehicle to which it applies from the dimension requirements of the HVNL where the vehicle exceeds a dimension requirement mentioned in this notice.

 

Authorising Provision

 

2.       This Notice is made under section 117 and 138 of the Heavy Vehicle National Law (HVNL) as in force in each state and territory.

 

Title

 

3.       This Notice may be cited as the New South Wales Class 2 Heavy Vehicle Authorisation and Class 3 Heavy Vehicle RoutExemption (Notice) – Hunter Expressway and Other Roads - 2014 (No. 1)

 

Commencement

 

4.       This notice commences on 23 April 2014.

 

Expiry

 

5.       This notice expires on 23 October 2014

 

Definition

 

6.       Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL.

 

‘4.6m high loaded semitrailer’ means a semitrailer used in a combination that, together with its load, is higher than 4.3m but not higher than 4.6m, but does not include a semitrailer constructed or used to carry livestock or vehicles, or a class 1 heavy vehicle.

 

 

 

 

‘B-double vehicle carrier’ means a heavy vehicle that —

(a)    Is a B-double; and

(b)    Is a combination designed and built to carry vehicles on more than one deck that is higher than 4.3m but not higher than 4.6m; and

(c)     together with its load is longer than 25m but not longer than 26m; and

(d)    complies with section 3(3) of Schedule 6 of the National Regulation.

 

Note 4 – The HVNL defines a B-double in section 5 as “a combination consisting of a prime mover towing 2 semitrailers, the first semitrailer being attached directly to the prime mover by a fifth wheel coupling and the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer”. A B-double may be up to 25m long without special equipment. A B-double may be up to 26m long if the distance from the front articulation point of the forward semitrailer to the rear of the B-double is not more than 20.6m long and the prime mover is not carrying or built to carry goods and it has a cab and front underrun protective device as required by Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.

‘Livestock’ when referring to a load, means cattle, sheep, pigs, horses, goats or other

livestock.

 

‘Livestock Carrier’ means a heavy vehicle that is a heavy vehicle or combination that is higher than 4.3m but not higher than 4.6m, and is built to carry cattle, sheep, pigs or horses.

 

Note 3—Section 136(a)(ii)(E) of the HVNL provides that a motor vehicle or combination that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses is a class 2 heavy vehicle if it complies with prescribed mass or dimension requirements. Section 8(a) of Schedule 6 of the National Regulation provides that the height limit for such a vehicle must not be higher than 4.6m. A Livestock Carrier must also comply with the length and other dimension requirements in Schedule 6 of that National Regulation.

‘Stated areas or routes’ means the stated areas or routes set out in the Schedules.

‘Stated hours of stated days’ means the stated hours of stated days set out in the Schedules.

 

‘Vehicle Carrier’ means a heavy vehicle that is a combination designed and built to carry vehicles on more than one deck that, together with its load is longer than 19m but not longer than 25m, or higher than 4.3m but not higher than 4.6m, or both.

 

Application

 

7.       This notice applies to—

(a)    a vehicle or combination that is higher than 4.3m but is not higher than 4.6m

(b)    a B-double that is—

(i)      a B-double vehicle carrier; or

(ii)      a livestock Carrier; and

(c)     a Vehicle Carrier.
 

8.       This notice applies in New South Wales.

 

 

 

 

Conditions

 

9.       The driver and operator of a B-double or any other vehicle to which this notice applies must comply with the conditions set out in Schedule 1.

 

Exemption from prescribed mass or dimension requirements

 

10.   This notice exempts— 

(a)    a 4.6m high loaded semitrailer from the height limit prescribed in section 8(d) of Schedule 6 of the National Regulation; and

(b)    a B-double vehicle carrier from the dimension limit prescribed in section 3(1)(d) of the National Regulation

 

Declaration

 

I, Melinda Bailey delegate of the National Heavy Vehicle Regulator—

(a)    authorise the use of the stated categories of class 2 vehicles in the stated areas or routes during the stated hours of stated days and subject to the conditions set out in this notice; and

(b)    exempt the stated categories of class 3 vehicles to which this notice applies from prescribed mass and dimension requirements to the extent and on the conditions stated in this notice.

 

Dated: 15 April 2014

 

 

 

Melinda Bailey

Chief Financial Officer

National Heavy Vehicle Regulator

SCHEDULE 1

 

Stated areas or routes

 

  1. The following vehicles may use the routes set out in Appendix 1 of this notice—

a)      any vehicle to which this notice applies.

 

Note— an authorised version of the National Class 2 Heavy B-double Authorisation (Notice) 2014 (No. 2) may be obtained here http://www.comlaw.gov.au/Details/C2014G00268   

 

Stated hours of stated days

 

2.                   A vehicle mentioned in clause 7 of this notice must operate in accordance with any restrictions on the hours and days of operation specified in Appendix 1 of this schedule.

 

 

Other conditions

 

3.                   Must comply with any conditions applying to the vehicle in any other B-double or 4.6m high National Notice.

 

Appendix 1

 

Hunter Expressway (M15) from the Pacific Motorway (M1), Newcastle interchange at Seahampton to New England Hwy (A15) near Braxton – may use any time of the day.

 

Newcastle Inner City Bypass from the Sandgate Road Interchange at Sandgate to Maitland Road (Pacific Highway) at Hexham – may use any time of the day

 

Lenore Drive Erskine Park from the intersection of Old Wallgrove Road to the intersection of Erskine Park Road – may use any time of the day

Overview

The New South Wales Class 2 Heavy Vehicle Authorisation and Class 3 Heavy Vehicle Route Exemption (Notice) – Hunter Expressway and Other Roads - 2014 (No. 1) was enacted to address specific transport needs along certain routes in New South Wales. This notice, made under sections 117 and 138 of the Heavy Vehicle National Law, was issued to authorise the use of particular classes of heavy vehicles on designated routes during specified times while exempting them from certain mass and dimension requirements. Authorised under the Heavy Vehicle National Law, this notice aims to facilitate the movement of larger vehicles for commercial purposes while ensuring safety and compliance with the broader regulatory framework. The notice is effective from 23 April 2014 and expires on 23 October 2014, providing a temporary solution to logistical challenges faced by heavy vehicle operators on these routes.

Scope and Application

The Heavy Vehicle National Law (New South Wales Class 2 Heavy Vehicle Authorisation and Class 3 Heavy Vehicle Exemption (Notice) – Hunter Expressway and Other Roads - 2014 (No. 1)) applies to specific categories of class 2 and class 3 heavy vehicles operating within New South Wales. This notice authorises the use of vehicles higher than 4.3m but not higher than 4.6m, B-double vehicles that are either vehicle carriers or livestock carriers, and vehicle carriers on specified routes during stated hours. The notice exempts certain vehicles from prescribed mass and dimension requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This includes a 4.6m high loaded semitrailer from height limits and a B-double vehicle carrier from certain dimension limits, subject to conditions outlined in Schedule 1. The notice, made under sections 117 and 138 of the Heavy Vehicle National Law, commenced on 23 April 2014 and expires on 23 October 2014. The exemption and authorisation apply strictly to the routes and hours specified in the schedules, with additional conditions that drivers and operators must comply with, including any restrictions on hours and days of operation. The notice allows for the regulation of heavy vehicles to ensure safe operation on designated roads within New South Wales.

Key Provisions

The New South Wales Class 2 Heavy Vehicle Authorisation and Class 3 Heavy Vehicle RoutExemption (Notice) – Hunter Expressway and Other Roads - 2014 (No. 1) serves to specifically authorise the use of certain classes of heavy vehicles under defined conditions, and to exempt some of these vehicles from certain mass and dimension requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation). This notice, which is made under section 117 and 138 of the Heavy Vehicle National Law (HVNL), is applicable to vehicles that are higher than 4.3m but not higher than 4.6m, B-doubles that are either B-double vehicle carriers or livestock carriers, and vehicle carriers. This notice applies to roads in New South Wales and is effective from 23 April 2014 until 23 October 2014. The notice imposes certain conditions on the drivers and operators of the specified vehicles. These conditions are detailed in Schedule 1, which includes the specified areas and routes where these vehicles can operate, the hours during which they can operate, and any other conditions that must be complied with. For example, vehicles may use the Hunter Expressway (M15) and the Newcastle Inner City Bypass at any time of the day, but must adhere to any additional conditions outlined in other B-double or 4.6m high National Notices. The notice also exempts certain vehicles from certain mass and dimension requirements, such as a 4.6m high loaded semitrailer from the height limit prescribed in section 8(d) of Schedule 6 of the National Regulation, and a B-double vehicle carrier from the dimension limit prescribed in section 3(1)(d) of the National Regulation. Failure to comply with the provisions of this notice can result in civil and criminal consequences. The specific penalties for breaches are not detailed in the notice itself but would be in line with the penalties prescribed under the HVNL and the National Regulation. These can include fines, suspension or cancellation of vehicle operator licences, and in serious cases, criminal prosecution. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law.

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