New South Wales Class 2 Port Botany Container Transportation Authorisation Notice 2024 (No.1)

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Legislation au C2024G00328 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

New South Wales Class 2 Port Botany Container Transportation Authorisation 2024 (No.1)

  1. Purpose

1) This notice authorises the use of class 2 heavy vehicles that are Performance Based Standards (PBS) heavy vehicles transporting over-mass freight containers from a Stevedore’s Terminal at Port Botany to a prescribed Container Freight Station.

Note: This notice operates in conjunction with the New South Wales Class 2 and 3 Port Botany Container Transportation Mass Exemption Notice Operator’s Guide.

 

2. Authorising provision

 

1)      This notice is made under the following section of the Heavy Vehicle National Law (HVNL):

 

a) section 138 – Regulator’s power to authorise use of all or stated categories of class 2 heavy vehicles.

 

3. Title

 

This notice may be cited as the New South Wales Class 2 Port Botany Container Transportation Authorisation Notice 2024 (No.1).

 

4. Commencement date

 

This notice commences on 11 June 2024.

 

5. Expiry date

 

This notice expires on 10 April 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:

 

Container Freight Station (CFS) means a CFS prescribed in the Guide.

 

Guide means the New South Wales Class 2 and 3 Port Botany Container Transportation Mass Exemption Notice Operator’s Guide published by the National Heavy Vehicle Regulator, as amended from time to time.

 

MDL Regulation means the Heavy Vehicle National (Mass, Dimension and Loading) Regulation.

 

Performance Based Standards (PBS) vehicle means one that has a PBS current vehicle approval.

 

Prescribed Stevedore’s Terminal means a cargo terminal prescribed in the Guide.

 

7.  Application

 

1) This notice applies to a class 2 heavy vehicle that meets all the requirements in this section.

 

2) This notice applies to a PBS heavy vehicle that is one of the following categories, and that is carrying a load of one or more freight containers from a Prescribed Stevedore’s Terminal:

a)      a prime mover and semi-trailer combination that has an overall length not exceeding 20 metres, and not more than 7 axles in total; or a

b)      B-double that has an overall length not exceeding 26 metres, and 9 axles in total; or a B-double that has an overall length not exceeding 30 metres, and 11 axles in total; or an

c)       A-double that has an overall length not exceeding 30 metres, and 12 axles in total.

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


8.  Condition - Mass Limits

1)      An eligible vehicle operating under this notice must not exceed the mass limits specified in Table 1.

Table 1 Axle mass limits

Description

Maximum Allowable Mass (t)

A non-complying steer axle

7.2

A complying steer axle

7.8

Single axle or single axle group fitted with single tyres with section widths of at least 375mm

7.8

Single axle or single axle group fitted with single tyres with section widths of at least 375mm but less than 450mm

8.04

Single axle or single axle group fitted with single tyres with section widths of at least 450mm

8.40

Single axle or single axle group fitted with dual tyres on a vehicle that is not a pig trailer, complying bus or ultra-low-floor bus

10.8

Tandem axle group fitted with single tyres with tyre section widths of less than 375mm

13.2

Tandem axle group fitted with single tyres with tyre section widths of at least 375mm but less than 450mm

15.96

Tandem axle group fitted with single tyres with tyre section widths of at least 450mm

16.8

Tandem axle group fitted with single tyres on 1 axle and dual tyres on the other axle on a motor vehicle that is not a complying bus

15.6

Tandem axle group fitted with dual tyres on a vehicle that is not a pig trailer

19.8

Twinsteer axle group without a load-sharing suspension system

12.0

Twinsteer axle group with a load-sharing suspension system.

13.2

Tri-axle group on a vehicle other than a pig trailer fitted with -

  1. single tyres with section widths of at least 375mm on all axles
  2. dual tyres on all axles
  3. single tyres with section widths of at least 375mm on some axles and dual tyres on the other axles

24.0

Quad-axle group fitted with single tyres with section widths of less than 375mm

18.0

Quad-axle group fitted with single tyres with section widths of at least 375mm or dual tyres

24.0

 

9.      Condition – Compliance with PBS vehicle approval

 

1)      An eligible vehicle must comply with the requirements and conditions of the PBS vehicle approval issued to it.

 

2)      If another condition of this Notice, or a condition of access to a network under this notice, makes a requirement that is more restrictive than the vehicle’s PBS vehicle approval then the more restrictive condition must be complied with.

10.   Condition – Stated areas or routes

1)      An eligible vehicle that complies with the conditions of this notice is authorised to operate on the routes and areas as listed in ‘Schedule 1 - Approved Routes and Conditions’ of the Guide.

 

2) Regardless of any access granted under this section, an eligible vehicle must comply with any conditions or restrictions applied to a given area or route by the Specified Road Manager Network Requirements in the Guide.

 

3) In this section:

 

Network means a map or stated route, including a list or database, presented electronically or otherwise, that represents the stated areas and stated routes authorised under this Notice.

 

4) An eligible vehicle operating on an area or route specified in this section must comply with any of the following conditions prescribed for that area or route:

 

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 New South Wales Class 2 Port Botany Container Transportation Authorisation Notice 2024 (No.1), enacted under the Heavy Vehicle National Law (HVNL), was introduced to address the need for specific authorisation for the use of class 2 heavy vehicles in transporting over-mass freight containers from a designated Stevedore’s Terminal at Port Botany to a prescribed Container Freight Station. This authorisation is designed to streamline the transportation process while ensuring compliance with mass and dimensional standards set by the HVNL. The Notice is issued by the National Heavy Vehicle Regulator and aims to facilitate efficient freight operations by allowing the use of performance-based standards (PBS) heavy vehicles under certain conditions and within specified limits. This Notice, which operates in conjunction with the New South Wales Class 2 and 3 Port Botany Container Transportation Mass Exemption Notice Operator’s Guide, authorises eligible class 2 heavy vehicles to operate on prescribed routes and areas, subject to compliance with the conditions outlined in the Notice and the Guide. The Notice specifies mass limits for various axle configurations and mandates adherence to the requirements and conditions of the PBS vehicle approval. Eligible vehicles must also comply with any additional conditions or restrictions imposed by the Specified Road Manager Network Requirements. The Notice is effective from 11 June 2024 and will expire on 10 April 2029, providing a clear framework for authorised operations within the specified timeframe.

Scope and Application

The New South Wales Class 2 Port Botany Container Transportation Authorisation Notice 2024 (No. 1) applies specifically to Performance Based Standards (PBS) heavy vehicles that are authorised to transport over-mass freight containers from a prescribed Stevedore’s Terminal at Port Botany to a designated Container Freight Station (CFS). The notice is made under section 138 of the Heavy Vehicle National Law (HVNL), granting the Regulator the power to authorise the use of class 2 heavy vehicles for this specific purpose. This authorisation is in conjunction with the New South Wales Class 2 and 3 Port Botany Container Transportation Mass Exemption Notice Operator’s Guide published by the National Heavy Vehicle Regulator. The notice applies to eligible vehicles that meet specific criteria, including combinations of prime movers and semi-trailers, B-doubles, and A-doubles, each with particular dimensional and axle limitations. The notice also sets forth mass limits for various axle configurations, which must be adhered to by all eligible vehicles. Compliance with the PBS vehicle approval is mandatory, as is adherence to any more restrictive conditions imposed by this notice or access conditions to the network. The notice delineates specific routes and areas for authorised operations, subject to compliance with additional conditions regarding road, travel, and vehicle conditions as prescribed by the HVNL. This notice is geographically confined to New South Wales and operates within the framework of the Heavy Vehicle National Law, applicable to the specified categories of heavy vehicles transporting freight containers within the defined operational parameters. The notice does not apply to any vehicles or operations not meeting the specified criteria or those not complying with the conditions and requirements set forth. The notice will remain in effect from its commencement date of 11 June 2024 until its expiry on 10 April 2029, unless otherwise extended or modified by subordinate instruments.

Key Provisions

The New South Wales Class 2 Port Botany Container Transportation Authorisation Notice 2024 (No.1) outlines specific provisions for the use of class 2 heavy vehicles transporting over-mass freight containers between a prescribed Stevedore’s Terminal at Port Botany and a Container Freight Station (section 1). This authorisation is made under section 138 of the Heavy Vehicle National Law (HVNL), granting the National Heavy Vehicle Regulator the power to permit the use of certain class 2 heavy vehicles (section 2). The notice is titled the New South Wales Class 2 Port Botany Container Transportation Authorisation Notice 2024 (No.1) and it commences on 11 June 2024, expiring on 10 April 2029 (sections 3 and 5). The notice applies to specific categories of class 2 heavy vehicles carrying one or more freight containers from a Prescribed Stevedore’s Terminal, including prime mover and semi-trailer combinations, B-doubles, and A-doubles with specific length and axle limits (section 7). The obligations under this notice require that eligible vehicles comply with the specified mass limits and adhere to the requirements and conditions of their PBS vehicle approval (sections 8 and 9). Eligible vehicles must also operate within the routes and areas listed in Schedule 1 of the New South Wales Class 2 and 3 Port Botany Container Transportation Mass Exemption Notice Operator’s Guide, while complying with any conditions or restrictions imposed by the Specified Road Manager Network Requirements (section 10). These obligations ensure that the vehicles meet safety and operational standards, and that they adhere to the specific transportation requirements for over-mass freight containers. Failure to comply with the conditions set forth in the notice may result in various penalties and consequences. Under the HVNL, there are specific offences related to the use of heavy vehicles, including those transporting over-mass freight. Offences may include exceeding mass limits, not adhering to PBS vehicle approval conditions, and operating on unauthorised routes or areas. Penalties for such breaches can include fines, vehicle impoundment, and potential criminal charges. The maximum penalties are stipulated in the HVNL and its associated regulations, and they may vary based on the severity and frequency of the breach. It is imperative for operators to strictly adhere to the conditions outlined in the notice to avoid these consequences.

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