Queensland Class 1 Agricultural Cotton Vehicle Easter Restriction (Mass and Dimension) Exemption (Notice) 2015 (No. 1)

Overview

The Queensland Agricultural Cotton Vehicle Easter Restriction Notice 2015 (No. 1) was enacted to provide a temporary exemption from certain road travel restrictions for class 1 agricultural vehicles engaged in cotton harvesting in Queensland during the Easter period. This notice was made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction. The primary purpose is to facilitate the movement of cotton harvesting vehicles during a period when road restrictions might otherwise hinder operations. This notice exempts specific vehicles from certain travel restrictions within defined zones during specified days, ensuring that the cotton harvest can proceed smoothly without undue impediment. It is effective from the date of its publication in the Commonwealth Gazette and expires on 7 April 2015. The exemption is subject to conditions including specific travel days, hours, and the requirement for pilot vehicles.

Scope and Application

The Queensland Agricultural Cotton Vehicle Easter Restriction Notice 2015 (No. 1) is an exemption notice issued under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction. This notice applies to agricultural vehicles associated with the cotton harvest in Queensland, specifically the John Deere 7760 Cotton Harvester and other vehicles covered under the Form 14 Guideline. It allows these vehicles to travel within the boundaries of Zone A and Zone B on specific days during the Easter period, which runs from the Thursday before Easter to the Tuesday after Easter. The exemption is intended to facilitate the movement of these vehicles during the Easter period, despite otherwise applicable travel restrictions. Vehicles are permitted to travel only during daylight hours and must be accompanied by a pilot vehicle. Additionally, travel on minor roads outside Zone B is allowed for access to local cotton fields and farms in designated areas. The notice specifies the permitted days for travel in each zone and mandates compliance with other relevant conditions and guidelines. It is important to note that this notice does not permit vehicles to exceed the maximum width requirements for the zones as outlined in the Form 14 Guideline. The application of Schedule 8 of the National Regulation to this notice is expressly excluded.

Key Provisions

The key provisions of this notice are outlined in sections 7 to 13 and relate to the exemption of certain agricultural vehicles from travel restrictions during the Easter period. Section 7 specifies the application of the notice to the movement of agricultural vehicles associated with the cotton harvest in Queensland. Section 8 provides an exemption for Easter travel, allowing eligible vehicles to travel in and along the boundaries of Zones A and B on specified days, subject to the conditions of the notice (section 8). Section 9 outlines the allowed travel days for each zone, with Zone A permitting travel on Holy Thursday, Easter Saturday, Easter Sunday, and Easter Tuesday, and Zone B permitting travel on Easter Saturday and Easter Sunday (section 9). Section 10 allows travel on minor roads outside Zone B on the allowed days, where access is required to local cotton fields and farms in the Emerald and Theodore Irrigation Area and in the Biloela surrounds (section 10). Section 11 restricts the hours of travel for eligible vehicles to daylight hours in Zones A and B (section 11). Section 12 mandates that eligible vehicles must be accompanied by at least one agricultural pilot vehicle above the minimum requirements of the Form 14 Guideline (section 12). Section 13 sets out the general conditions of the exemption, including compliance with the notice, other applicable conditions, and the requirement for drivers to keep a copy of the notice and produce it to an authorised officer when requested (section 13). The notice imposes several obligations and requirements on the parties or entities it governs. Firstly, eligible vehicles must comply with the requirements of the notice and all applicable conditions or requirements of the Class Permit No. 125-TH-13am2, the Form 4 Guideline, and the Form 14 Guideline that are not exempted by this notice (section 13(1)(a)(ii)). Secondly, drivers of eligible vehicles must keep a copy of the notice in their possession and produce it to an authorised officer when requested (section 13(1)(b)). Additionally, agricultural vehicles being moved in accordance with the notice and the Form 14 Guideline must be accompanied by at least one agricultural pilot vehicle above the minimum requirements of the Form 14 Guideline (section 12(1)). Finally, a John Deere 7760 Cotton Harvester must be driven in accordance with the pilot and escort requirements contained in the Class Permit No. 125-TH-13am2 or, when transported, be accompanied by three escort vehicles (section 12(2)). The notice does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, it is reasonable to assume that any breach of the notice or its conditions could lead to enforcement actions under the Heavy Vehicle National Law and associated regulations. For example, section 117 of the Heavy Vehicle National Law, under which this notice is made, provides for the imposition of civil penalties for breaches of the law, including fines of up to $16,500 for individuals and $82,500 for bodies corporate. Furthermore, section 208 of the Heavy Vehicle National Law (Administration) Act 1989 provides for the imposition of criminal penalties, including fines of up to $50,000 for individuals and $250,000 for bodies corporate, and imprisonment for up to five years, for serious breaches of the law. It is important to note that these penalties are not specific to this notice and may vary depending on the nature and severity of the breach.