Notice of amendment of a mass or dimension authority under Section 173(5) of the Heavy Vehicle National Law

Overview

The National Heavy Vehicle Regulator has issued a Notice of amendment to the Schedule 5 of the National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) 2014, under Section 173 of the Heavy Vehicle National Law 2012. This amendment was enacted to address a discrepancy in the authorisation of the movement of livestock carriers in road train combinations, specifically those that are higher than 4.3m but not higher than 4.6m. The objective of the amendment is to clarify that the instrument does not intend to refer to this class of vehicle. The amendment is made effective by the National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) 2014 (No. 1) Amendment Notice (No. 1), and it will commence 28 days after the publication of that Notice in the Commonwealth Gazette. This legislative amendment aims to ensure the correct interpretation and application of the Heavy Vehicle National Law.

Scope and Application

The amendment to the National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) 2014, as per Section 173(5) of the Heavy Vehicle National Law, pertains to the regulation of heavy vehicles used in transporting livestock across Australian jurisdictions. The Act applies to entities or individuals involved in the operation of livestock carriers, particularly those engaged in road train combinations, ensuring compliance with specific dimensional restrictions. The amendment is directed at vehicles with a height between 4.3m and 4.6m, aiming to clarify and restrict the movement of such vehicles to ensure safety and adherence to prescribed standards. The geographic reach of this legislation is national, as it is governed under the Commonwealth's Heavy Vehicle National Law, thereby affecting all states and territories within Australia. Any exclusions or exemptions are not explicitly stated in this particular amendment, but it is implied that only those vehicles falling within the specified height range are affected. The amendment is implemented through subordinate instruments, as evidenced by the National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) 2014 (No. 1) Amendment Notice (No. 1), which comes into effect 28 days post its publication in the Commonwealth Gazette.

Key Provisions

The key provisions of the C2015G00856 Notice revolve around amending the authorisation for the movement of a certain type of heavy vehicle. Specifically, Section 173(5) of the Heavy Vehicle National Law is invoked to modify Schedule 5 of the National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) 2014. This amendment seeks to ensure that the instrument no longer permits the movement of a livestock carrier when it is part of a road train combination that exceeds a height of 4.3m but is not higher than 4.6m. The basis for this amendment is that the original instrument was not intended to cover this specific class of vehicle (Section 173). The obligations and requirements imposed by this amendment are clear and specific. The National Heavy Vehicle Regulator is tasked with ensuring that the National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) 2014 no longer authorises the movement of livestock carriers in road train combinations exceeding 4.3m in height. This involves updating the relevant schedule and ensuring that all stakeholders are aware of the change. The Regulator must also publish the amendment in the Commonwealth Gazette, after which it will take effect 28 days later. This timeline ensures that there is a sufficient period for industry and relevant parties to adjust to the changes. The consequences of breaching this amendment are significant. While the Notice itself does not explicitly detail the penalties for non-compliance, the overarching Heavy Vehicle National Law provides for both civil and criminal penalties for violations. For instance, individuals or entities found to be in breach of the amended authorisation could face substantial fines, imprisonment, or both. The exact penalties would depend on the specific circumstances and the severity of the breach, as outlined in the Heavy Vehicle National Law. It is therefore imperative for all affected parties to adhere strictly to the updated authorisation to avoid these potential consequences.