Queensland Class 1 Agricultural Vehicle (Northern Coastal Zone 1) Dimension Exemption Notice 2016 (No. 1)

HEAVY VEHICLE NATIONAL LAW

Queensland Class 1 Agricultural Vehicle (Northern Coastal Zone 1) Dimension Exemption Notice 2016 (No. 1)

Statutory Instrument Series: 

Class 1/3 Heavy Vehicle Exemption Notice - Mass and Dimension Exemption

1        Purpose

The purpose of this notice is to exempt the stated categories of class 1 heavy vehicles operating on minor and major roads in the Northern Coastal Zone from the prescribed dimension requirements specified in the Notice subject to the conditions specified in the Notice.

Note -  

An eligible vehicle that is wider than 2.5m and not wider than 3.5m may operate under the Guideline for Excess Dimension Agricultural Vehicles and Agricultural Combinations Vehicles and Drivers, Form Number 14, Version 4 October 2013.

An eligible vehicle that is wider than 3.5m and not wider than 4.0m operating on a road other than a minor road may operate under the Queensland Class 1 Agricultural Vehicle (Coastal Zone 1) Dimension Exemption Notice 2016.

2        Authorising Provision(s)

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

3        Commencement

This Notice commences on 21 October 2016.

4        Expiry

This Notice expires on 20 October 2021.

5        Definitions

Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL; or

In this Notice—

Critical Road means a road marked in red on the Critical Areas and Roads in Queensland map.

Eligible Vehicle means an agricultural vehicle, machine, implement or combination up to 5m wide that complies with the definitions of the Form 14 guideline.

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

Form 17 means the Guideline for Conditionally Registered Vehicles in Queensland – Form 17, Version 3.2, October 2014.

Major Road means a road marked in blue on the Critical Areas and Roads in Queensland map.

Minor Road means a road other than a major road or a critical road.

NHVR means the National Heavy Vehicle Regulator.

Northern Coastal Zone means the area bounded by the northern boundary of the Rockhampton Regional Council area,  the northern boundary of the Cairns Regional Council area and  the western boundary of the TMR Zone 1 as defined in the Heavy Vehicle Zone Map published on the TMR website.

TMR means Department of Transport and Main Roads, Queensland.

6        Application

This Notice applies to an eligible vehicle that is wider than 3.5m and not wider than 5.0m operating on a minor or major road in the Northern Coastal Zone.

7        Exemption from prescribed dimension requirements

(1)    An eligible vehicle is exempt from the following dimension requirements of Schedule 6 to the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation)—

a)        Section 3(1)(a) and (g) – Length – general; and

b)       Section 5(1)(b) and (c) - Length—rear overhang; and

c)        Section 7(1) – Width; and

d)       Section 8(d) – Height.

8        Areas or Routes

This notice applies to the following roads within the local government areas set out in Schedule 1:

a)        major and minor roads managed by TMR; and

b)       minor roads managed by the relevant local government road manager.

9        Conditions - general

(1)    An eligible vehicle operating under this Notice must comply with any condition, exclusion, restriction or requirement, however described, in Form 14 that would apply if the vehicle was operating in Zone 2.

(2)    Travel on critical roads is not permitted under this notice.

(3)    The operator of an eligible vehicle operating under this Notice indemnifies TMR, the NHVR and their employees against any claim, action or process for damage or injury that may be sustained against them due to the use of vehicles specified.

(4)    If an eligible vehicle must be conditionally registered—

a)        It must comply with all requirements of the Guideline for Conditionally Registered Vehicles in Queensland – Form 17 including any more restrictive conditions applying to travel distance in that guideline; and

b)       The appropriate registration category for the level of access obtained must be held.

Note—The Form 17 Guideline contains maximum travel distances and in case of any inconsistency with this notice, the lesser of the distances in this notice and Form 17 must be adhered to.

10    Conditions- road manager

In addition to the conditions above and applicable conditions in Form 14, operators must comply with the special conditions required by specific Road Managers listed in Schedule 1 of this Notice for travel on minor roads.

Dated: 17 October 2016

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator

Schedule 1: Northern Coastal Zone Local Government Areas

The following table sets out participating local government areas and corresponding Road Managers.

Operators must comply with all Road Manager Special Conditions for a given local government area while travelling on Road Manager controlled minor roads.