Queensland Class 1 Agricultural Cotton Vehicle Easter Restriction (Mass and Dimension) Exemption Notice 2016 (No.1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2016G00321 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

Queensland Class 1 Agricultural Cotton Vehicle Easter Restriction (Mass and Dimension) Exemption Notice 2016 (No. 1)

1        Purpose

(1)    The purpose of this notice is to exempt class 1 vehicles travelling for a use associated with cotton harvesting in Queensland from restrictions upon travelling on certain roads during the Easter period.

2         Authorising Provision

(1)    This notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction.

3        Title

(1)    This notice may be cited as the Queensland Class 1 Agricultural Cotton Vehicle Easter Restriction (Mass and Dimension) Exemption Notice 2016.

4        Commencement

(1)    This notice commences at 12.01 AM on 24 March 2016.

5         Expiry

(1)    This notice expires at 11.59 PM on 29 March 2016.

6         Definitions

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

(2)    In this notice—

Queensland Cotton Harvester Notice 2015 means the Queensland Class 1 Heavy Vehicles (Cotton Harvester) Mass and Dimension Exemption (Notice) 2015 contained in Schedule 4 of the Queensland Consolidated National Miscellaneous Class 1 and Class 3 Exemption (Notice) 2015 (No 1).

Note: the Queensland Class 1 Heavy Vehicles (Cotton Harvester) Mass and Dimension Exemption (Notice) 2015 replaced the former 125-TH-13am2 John Deere 7760 Cotton Harvesters when it expired on 30 June 2015. It replicates the conditions of the original John Deere class permit.

 

Easter period is the period from the Thursday before Easter to the Tuesday after Easter inclusive.

Form 4 Guideline means the Guideline for Excess Dimension: Vehicles Carrying Indivisible Articles; Special Purpose Vehicles and Vehicles that require a Pilot or Escort, in Queensland Form Number 4, Version 8, February 2013.

Form 14 Guideline means the Guideline for Excess Dimension Agricultural Vehicles and Agricultural Combinations; Vehicle and Drivers Form Number 14, Version 4, October 2013.

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

pilot vehicle means a motor vehicle that accompanies an oversize vehicle, to warn other road users of the oversize vehicle’s presence.

Zone A means the area bounded by the roads described in Schedule 1, Table 1.

Zone B means the area bounded by the roads described in Schedule 1, Table 2.

7         Application

(1)    This notice applies to the movement of agricultural vehicles associated with the cotton harvest in Queensland.

8        Exemption for Easter travel

(1)    Notwithstanding any restriction on travel during the Easter period contained within the Queensland Cotton Harvester Notice 2015 or the Form 4 Guideline, a John Deere 7760 Cotton Harvester is authorized to be driven or transported  in and along the boundaries of, where indicated, Zone A and Zone B, subject to the conditions contained within this notice, on the allowed travel days (the allowed days) for that zone; and

(2)    Notwithstanding any restriction on travel during the Easter period contained within the Form 14 Guideline any agricultural vehicle associated with the cotton harvest is able to be moved in accordance with the Form 14 guideline provided that movement occurs in or along the boundaries of, where indicated, Zone A and Zone B, subject to the conditions contained with this notice, on the allowed travel days (the allowed days) for that zone.

9        Allowed days

(1)    The allowed days —

(a)     for Zone A, are—

(i)      Holy Thursday; and

(ii)      Easter Saturday; and

(iii)      Easter Sunday; and

(iv)      Easter Tuesday, and

(b)     for Zone B, are—

(i)      Easter Saturday;  and

(ii)      Easter Sunday.

10    Travel on minor roads outside Zones

(1)    Travel on minor roads outside the boundary of Zone B is permitted on the allowed days where access is required to local cotton fields and farms—

(a)     in the Emerald and Theodore Irrigation Area; and

(b)     in the Biloela surrounds.

11    Hours of travel

(1)    An eligible vehicle to which this notice applies is only authorised to travel in Zones A and B during daylight hours.

12    Pilot and Escort Vehicles

(1)    An agricultural vehicle being moved in accordance with this 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.

(2)    A John Deere 7760 Cotton Harvester—

(a)     must be driven  in accordance with the pilot and escort requirements contained in the Queensland Cotton Harvester Notice 2015; or

(b)     when transported, does not need to comply with the level 1 pilot and level 2 escort or police escort requirements in the Form 4 Guideline, but must be accompanied by three escort vehicles.

13    Conditions -General

(1)    It is a condition of this exemption that–

(a)     an eligible vehicle complies with—

(i)      the requirements of this notice; and

(ii)      all applicable conditions or requirements of the Queensland Cotton Harvester Notice 2015, the Form 4 Guideline and the Form 14 Guideline that are not exempted by this notice; and

(b)     the driver of an eligible vehicle operating under this exemption must keep in the driver’s possession a copy of this notice and must produce the notice to an authorized officer when requested.

Note Nothing in this notice should be taken as permitting an agricultural vehicle to exceed the maximum width requirements for the zones 1, 2 and 3 of the Form 14 Guideline.

14    Exclusion of prescribed conditions

(1)    The application of Schedule 8 of the National Regulation to this notice is expressly excluded.

 

 

Dated: 1 March 2016

 

 

 

 

 

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator

 


Schedule 1  

Table 1: ZONE A – As shown in yellow on the attached map and as described below:

Boundary and included areas and roads

Highway limits

On and west of

the Leichhardt Highway

Between Goondiwindi and Miles

South of the Warrego Highway (to the State Border)

No access permitted on the Warrego Highway

Between Miles and Roma

On and east of

the Carnarvon Highway

Between Roma and Mungindi

On an east of

the Castlereagh Highway

Between Hebel and Dirranbandi

North of and east of

Dirranbandi to the Balonne Highway

Including the St-George to Dirranbandi Road

From the Balonne Highway

35kms west of St George to and including the Mitchell St George Road to the Maranoa River and area south of Lake Kajarabie bounded by the Carnarvon Highway.

 

Table 2: ZONE B-As shown in green on the attached map and as described below:

Boundary and included area and roads

Highway limits

On and west of

Texas-Inglewood Road

 

On and west of

Millmerran to Inglewood Road

 

On and west of

Gore Highway

Between Millmerran and Pittsworth

On and west of

Pittsworth to Oakey Road

 

On and north west of

the Cunningham Highway to the Toowoomba-Karara Road

From Inglewood

On and west of

The Toowoomba to Karara Road and Clifton to Pittsworth Road

To Pittsworth

South of the Warrego Highway between Oakey and Dalby

No access permitted on Warrego Highway

On and west of

Dalby to Jandowae Road

 

On and west of

Jandowae Connection Road

 

On and south of

Chinchilla-Wondai Road

 

On and south of

Warrego Highway

Between Chinchilla and Miles

On and west of

Leichardt Highway

Between Miles and Banana

On and south of

Dawson Highway

Between Moura and Rolleston

On and west of

Rolleston – Blackwater Road

 

On and south of

Capricorn Highway

Between Blackwater to Emerald

The area north of

Capricorn Highway between Comet and Emerald bounded by the Comet and Nogoa River and Gregory Highway

 

The area west of

the Gregory Highway within a radius of 15km from Emerald including Selma Road

 

On and east of

the Carnarvon Highway

Between Rolleston and Roma

On and east of

the Dawson Highway

Between Rolleston and Springsure

On and east of

the Gregory Highway

Between Springsure and Emerald

Overview

The Queensland Class 1 Agricultural Cotton Vehicle Easter Restriction (Mass and Dimension) Exemption Notice 2016 (No. 1) was enacted to address the need for agricultural vehicles associated with cotton harvesting in Queensland to travel on certain roads during the Easter period, despite restrictions that might otherwise apply. This notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction. It exempts eligible vehicles from specific travel restrictions during the Easter period, allowing them to move within designated zones on certain days and under specific conditions. The notice aims to facilitate the timely movement of agricultural vehicles essential for cotton harvesting, ensuring that such vehicles can reach local cotton fields and farms without unduly restricting their travel during the Easter period. This exemption is designed to accommodate the operational needs of the cotton industry while maintaining safety and compliance with broader regulatory frameworks. The notice specifies that eligible vehicles, including John Deere 7760 Cotton Harvesters, are permitted to travel in designated zones during daylight hours on specific days, subject to compliance with certain conditions. These conditions include adhering to the requirements of this notice, other applicable guidelines, and maintaining necessary documentation. The notice also details the zones within which these vehicles can operate and the days on which they are allowed to travel. Additionally, it mandates that eligible vehicles be accompanied by appropriate pilot and escort vehicles and outlines the boundaries and roads within which travel is permitted. The notice clarifies that it does not permit vehicles to exceed specified width requirements and excludes certain prescribed conditions from applying to this exemption.

Scope and Application

The Queensland Class 1 Agricultural Cotton Vehicle Easter Restriction (Mass and Dimension) Exemption Notice 2016 (No. 1) applies to class 1 vehicles engaged in cotton harvesting activities in Queensland, providing specific exemptions from mass and dimension restrictions during the Easter period. This exemption specifically applies to John Deere 7760 Cotton Harvesters and other agricultural vehicles associated with the cotton harvest, allowing them to travel in and along the boundaries of Zones A and B on specified days. Zone A includes areas west of the Leichhardt Highway between Goondiwindi and Miles, while Zone B encompasses areas west of various roads including the Texas-Inglewood Road and the Gore Highway between Millmerran and Pittsworth. Travel outside Zone B is permitted on minor roads within the Emerald and Theodore Irrigation Area and Biloela surrounds on specified days. Vehicles must adhere to daylight travel restrictions and be accompanied by a pilot vehicle as per the guidelines outlined in the notice. The exemption does not permit vehicles to exceed the maximum width requirements for zones 1, 2, and 3 as defined in the Form 14 Guideline. It is important for drivers to carry a copy of this notice and present it to authorised officers upon request. This notice commences on 24 March 2016 and expires on 29 March 2016.

Key Provisions

The main operative sections of the Queensland Class 1 Agricultural Cotton Vehicle Easter Restriction (Mass and Dimension) Exemption Notice 2016 (No. 1) focus on exempting certain agricultural vehicles from specific travel restrictions during the Easter period. Section 8 provides the primary exemption, allowing John Deere 7760 Cotton Harvesters and other agricultural vehicles associated with cotton harvesting in Queensland to travel within Zones A and B on specified days (Section 9). This exemption applies regardless of other restrictions mentioned in the Queensland Cotton Harvester Notice 2015 or the Form 4 Guideline for vehicles carrying indivisible articles, special purpose vehicles, and vehicles requiring a pilot or escort (Section 8(1) and (2)). Section 10 also permits travel on minor roads outside Zone B for accessing local cotton fields and farms in the Emerald and Theodore Irrigation Area and Biloela surrounds, provided it is on the allowed travel days. The Notice imposes several obligations on the parties it governs. Agricultural vehicles, specifically John Deere 7760 Cotton Harvesters and other cotton harvesting vehicles, must adhere to the specified conditions to qualify for the exemption. This includes travelling only during daylight hours (Section 11) and being accompanied by a pilot vehicle that meets the minimum requirements set out in the Form 14 Guideline (Section 12(1)). Additionally, the driver must carry a copy of the Notice and present it to an authorised officer upon request (Section 13(1)(b)). Vehicles must also comply with all other applicable conditions or requirements from the Queensland Cotton Harvester Notice 2015, the Form 4 Guideline, and the Form 14 Guideline that are not specifically exempted by this Notice (Section 13(1)(a)(ii)). Failure to comply with the provisions of this Notice can result in various consequences. While specific penalties are not detailed within the Notice itself, breaches of the Heavy Vehicle National Law (HVNL) or any associated guidelines could lead to enforcement actions. Such actions might include fines, vehicle impoundment, or other regulatory measures under the HVNL. The Notice explicitly excludes the application of Schedule 8 of the National Regulation, which generally outlines penalties for offences (Section 14). However, the broader implications of non-compliance with the HVNL could still apply, depending on the nature and severity of the breach.

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