New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1)

New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1)

Revocation

This notice revokes and replaces the Ministerial Declaration (NSW Grain Harvest Management Scheme) Order 2013 made under the Road Transport Act 2013 (NSW).

Note – As of the date of its commencement this notice makes the adaptations necessary to the Ministerial Declaration (NSW Grain Harvest Management Scheme) Order 2013 to enable the notice to be effective under the Heavy Vehicle National Law.

Purpose

1.    The purpose of this notice is to exempt a heavy vehicle to which it applies from stated prescribed mass requirements in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation).

Authorising Provision

2.       This notice is made under sections 748 and 119 of the Heavy Vehicle National Law (HVNL).

Commencement

3.       This notice commences on 1 October 2014.

Expiry

4.       This notice expires on 30 June 2016.

 Definitions

5.       Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the Heavy Vehicle National Law.

6.       In this notice—

approved on-board mass unit means—

a)      an on-board mass scale or weighing device, or load cell system capable of accurately measuring vehicle axle gross weights;  that is

b)      approved by Transport Certification Australia.

GCM means gross combination mass.

general mass limits means the limits set out in Schedule 1 of the National Regulation.

grain means—

a)      cereals that are wheat, barley, rice, oats, triticale, sorghum, maize or millets;         

b)      oilseeds that are canola, sunflowers, monola, or safflower; and

c)       pulses that are chickpeas, faba beans, lupins, mung beans, field peas, soybeans, vetch or lentils.

participating council means a council that has consented for use of an area or regional and local road by a class of vehicle operating under this notice.

Note— Roads and Maritime Services will publish a list of Participating Councils on its website.

participating grain receiver means a facility that—

a)      accepts the type of grain being transported; and

b)      has given an undertaking to Roads and Maritime Services, including that it has measures in place to—

1. supply data relating to the receival of grain from heavy vehicles operating under this notice to Roads and Maritime Services in a specified timeframe and format; and
2. communicate with chain of responsibility parties about this data; and 
3. retain evidence of this communication.

Note— Roads and Maritime Services will publish a list of Participating Grain Receivers on its website.

regional and local road means a road for which a council is the road manager.

Title

7.       This notice may be cited as the New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption (Notice) 2014 (No. 1).

Application

8.       This notice applies in New South Wales.

9.       This notice applies to a heavy vehicle other than a PBS vehicle that is—

a)      carrying grain to the participating grain receiver for the grain type being carried; and

b)      one of the following—

1. a rigid truck with three or more axles;
2. a rigid truck (with three or more axles) towing a dog trailer with not more than four axles;
3. a prime mover and semitrailer combination that has an overall length not exceeding 19 metres, and not more than 6 axles in total;
4.  a B-double that has an overall length not exceeding 19 metres, and not more than 7 axles in total;
5. a B-double that has an overall length not exceeding 26 metres, and 9 axles in total;
6. a road train that has an overall length not exceeding 36.5 metres, and not more than 12 axles in total;
7. a B-triple that has an overall length not exceeding 36.5 metres and consists of a prime mover and three semitrailers, and not more than 12 axles in total; and
8. an AB-triple that has an overall length not exceeding 36.5 metres and consists of a prime mover and semitrailer combination connected, by a converter dolly, to a B-double trailer set, and that has not more than 15 axles in total.

Exemption from Prescribed Mass Requirements

10.   This notice exempts a vehicle to which it applies from the following general mass limits specified in Schedule 1 of the National Regulation —

a)      Section 2(1)(a)(iv);

b)      Section 2(1)(b);

c)       Section 2(2);

d)      Section 2(4);

e)      Section 4; and

f)        Section 5(1),(2),(3)

Conditions - Areas or routes

11.   Subject to clauses 12 and 13, a heavy vehicle operating under this notice may operate on the following routes—

a)      Rigid trucks may operate on all roads.

b)      Rigid truck and dog trailer combinations not exceeding 19 metres in length may operate on all roads.

c)       Prime mover and semitrailer combinations not exceeding 19 metres in length may operate on all roads.

d)      B-doubles not exceeding 19 metres in length that have a GCM not exceeding 52.5 tonnes may operate on all roads.

e)      B-doubles not exceeding 19 metres in length that have a GCM exceeding 52.5 tonnes may operate on the routes approved for 19 metre B-doubles over 50 tonnes as shown on the Restricted Access Vehicle maps published on the Roads and Maritime Services websites.

f)        B-doubles exceeding 19 metres in length but not exceeding 23 metres in length may operate on the routes approved for 23 metre B-doubles as shown on the Restricted Access Vehicle maps published on the Roads and Maritime Services websites.

g)       B-doubles exceeding 23 metres in length but not exceeding 26 metres in length may operate on the routes approved for 26 metre B-doubles as shown on the Restricted Access Vehicle maps published on the Roads and Maritime Services websites.

h)      Road trains not exceeding 36.5 metres in length may operate on the routes approved for road trains as shown on the Restricted Access Vehicle maps published on the Roads and Maritime Services website. 

i)        Modular B-triples operating under the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) may operate on the routes specified for that category of vehicle in Appendix 1 to Schedule 1 (New South Wales) of that notice.

j)        B-triples (other than modular B-triples) may operate on routes approved for B-triples operating at general mass limits as shown on the B-triple and AB-triple maps published on the Roads and Maritime Services websites.

k)       AB-triples may operate on routes approved for AB-triples operating at General Mass Limits as shown on the B-triple and AB-triple maps published on the Roads and Maritime Services websites.

Note— B-triples (other than Modular B-triples) and AB-triples may only operate in NSW if they are enrolled in the Intelligent Access Program.  If a vehicle or combination operating under this notice also operates under another permit, the registered operator of that vehicle must contact the permit issuer to have the permit updated to reflect the mass limits and operating requirements of this notice.

Note: the Restricted Access Vehicle maps may be accessed at the following address—

http—//www.rms.nsw.gov.au/heavyvehicles/oversizeovermass/rav_maps.html

12.   A heavy vehicle operating under this notice—

a)      Subject to sub-clause b), may only use an area or route in clause 11 that is a regional and local road if—

1. the road manager is a participating council mentioned in column 1 of Table 1 of Schedule 1 to this notice; and
2. the route is identified as being available for use at the relevant time at http://www.rms.nsw.gov.au/business-industry/heavy-vehicles/grain-transport.html; and

b)      May not use a route mentioned in column 4 of Table 1 of Schedule 1 to this notice for a participating council mentioned in column 1 of that table.

Note: Access under this notice may be varied in the following ways—

• A participating council may be added to Table 1 of Schedule 1 by amendment of this notice.
• An excluded area or route in Table 1 of Schedule 1 may be omitted by amendment of this notice.
• The maps referred to in clause 12a) that authorise the use of a heavy vehicle may be amended to add, vary or temporarily omit a route.
• A participating council, area or route may be permanently removed or excluded, and the conditions under which access is granted may be varied, by amendment of Table 1 of Schedule 1 to this notice where a relevant road manager is satisfied the use of heavy vehicles on a road—

• caused, or is likely to cause, damage to road infrastructure; or
• had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or
• posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.

13.   A heavy vehicle operating under this notice is not permitted to enter into the precinct of any port.

Conditions - General

14.   A copy of this notice must be carried in the driving compartment of a heavy vehicle operating under this notice and must be produced in response to a request by a police officer or an authorised officer.

Note— This obligation may be satisfied by producing a legible electronic version of this notice.

15.   A heavy vehicle operating under this notice must comply with a condition of access mentioned in Column 2 of Table 1 in Schedule 1 to this notice that applies to a route or area in a participating council mentioned in column 1.

Note: A condition mentioned in clause 15 may include a requirement to use—

• A vehicle where the operator of the vehicles holds mass management accreditation for the vehicle under the National Heavy Vehicle Accreditation Scheme; or
• A vehicle equipped with an approved on-board mass unit.

16.   A heavy vehicle operating under this notice must travel by the most practicable direct route on which it is authorised to travel under clause 11 from the place or places at which grain is loaded to the first practicable participating grain receiver for the grain type being carried.

In this clause, the first practicable participating grain receiver for the grain type is the first participating grain receiver that is able to be used to receive the type of grain being carried by the vehicle.

17.   A heavy vehicle operating under this notice may not be operated where prohibited by a load mass or dimension limit specified for a road, bridge or causeway by a sign.

18.   The mass limits set out in this notice apply to the trucks and combinations described in clause 9 when loaded with grain.

Total mass limits condition

19.   The maximum loaded mass of a heavy vehicle must not exceed the lowest of the following—

a)      the sum of the axle and axle group mass limits in clause 22;[1] or

b)      in the case of a combination, the GCM limit specified by the prime mover manufacturer; or

c)       in the case of a combination, the sum of the GVMs for the prime mover and the trailer or trailers it is towing; or

d)      in the case of a truck, the GVM of the vehicle; or

e)      the mass limit for the heavy vehicle set out in Table A of this notice, except as provided by clause 20,[2] and clauses 24 and 25.[3]

Table A – Total mass limits

Steer axle mass exception (total mass limit) condition

20.   A heavy vehicle that complies with the requirements of Schedule 3 of the National Regulation (Steer axle mass exception limits) may exceed the mass limit in Table A by 0.5 tonnes.

Dog trailer condition

21.   The loaded mass of a dog trailer must not exceed by more than 25% the loaded mass of the towing vehicle.

Note— a heavy vehicle operating under this notice that is eligible for concessional mass limits in Schedule 2 of the National regulation is not entitled to apply those concessional limits in addition to a mass limit mentioned in this notice.

Axle and axle group mass limits condition

22.   The mass on an axle or axle group must not exceed the limits set out in Table B of this notice, except as provided for by clause 23,[5] clauses 24 or 25,[6] or clause 26.[7]

Table B - Axle and axle group mass limits

Steer axle mass exception (axle or axle group) condition

23.   A heavy vehicle that complies with the requirements of Schedule 3 of National Regulation (Steer axle mass exception limits) may exceed the 6 tonnes mass limit for a single steer axle by 0.5 tonnes.

Increased mass limits for accredited operators 

24.   A B-double not exceeding 26 metres in length that is operated by an operator that holds mass management accreditation under the National Heavy Vehicle Accreditation Scheme, may—

a)      exceed the GCM limit specified in Table A by 0.8 tonne; and

b)      exceed the tri-axle group mass limit specified in Table B by 0.4 tonne.

25.   A six-axle prime mover and semitrailer combination not exceeding 19 metres in length that is operated by an operator that holds mass management accreditation under the National Heavy Vehicle Accreditation Scheme, may—

a)      exceed the GCM mass limit specified in Table A by 0.2 tonne; and

b)      exceed the tri-axle group mass limit specified in Table B by 0.2 tonne.

Floating 0.5 tonne tri-axle mass limit concession

26.   The mass on a tri-axle group of a semitrailer may exceed the limits set out in clause 22[8] Table B by up to 0.5  tonne, provided that the total mass of the combination does not exceed the applicable total mass limit specified in Clause 19,[9] 20[10] or 21.[11]

Mass limits relating to axle spacing

27.   A heavy vehicle operating in accordance with this notice may exceed the mass limits related to axle spacing set out in section 5(1) – (3) and Table 2, 3 or 4 of Schedule 1 to the National Regulation by an amount equal to the difference between the axle group mass limits specified in the relevant table of Schedule 1 of the Regulation, and the corresponding axle group mass limits in Table B of this notice.

Note: This clause adjusts the regulated mass limits relating to axle spacing to take into the difference between the regulated axle mass limits and the increased axle mass limits of this notice. For example, for 6 axle prime mover and semitrailer combination, the regulated mass limits related to axle spacing are increased by—

a)        0.5 tonne for tandem axle group (the difference between the 16.5 tonnes regulated limit and the 17.0 tones limit under this notice); and

b)       1.63 tonnes for the tri-axle group (the difference between the 20 tonnes regulated limit and the 21.63 tonnes limit under this notice).

Note - Nothing in this notice exempts the driver or operator of a vehicle to which this notice applies from complying with legislation regulating the use of heavy vehicles, including but not limited to—

a)        Compliance with traffic signs, including those indicating mass limits or dimension limits;

b)       Compliance with vehicle standards in the HVNL; and

c)       Compliance with lawful directions of authorised officers.

Declaration

I, Melinda Bailey, delegate of the National Heavy Vehicle Regulator hereby exempt the heavy vehicles specified in this notice from the stated requirements of the Heavy Vehicle (Mass Dimension and Loading) National Regulation to the extent and on the conditions specified in this notice.

Dated 25 September 2014

Melinda Bailey

Chief Financial Officer

National Heavy Vehicle Regulator

Schedule 1

Table 1 – Participating councils, conditions of access, and excluded areas and routes

[1] Axle and axle group mass limits condition.

[2] Steer axle mass exception (total mass limit) condition.

[3] Increased mass limits for accredited operators.

[4] Being a B-double mentioned in clause 2 of Schedule 1 (New South Wales) to the National Class 2 Heavy Vehicle B-Double Authorisation (Notice) at https://www.nhvr.gov.au/resources/notices-and-permit-based-schemes/national-notices.

[5] Steer axle mass exception (axle or axle group) condition.

[6] Increased mass limits for accredited operators.

[7] Floating 0.5 tonne tri-axle mass limit concession.

[8] Axle and axle group mass limits.

[9] Total mass limits.

[10] Steer axle mass exception (combination) condition.

[11] Dog trailer condition.