Queensland Class 1 Agricultural Vehicle (Zone 1) Dimension Exemption (Notice) 2014 (No. 1)

HEAVY VEHICLE NATIONAL LAW

Queensland Class 1 Agricultural Vehicle (Zone 1) Dimension Exemption (Notice) 2014 (No. 1)

This notice replaces and revokes Class Permit No. 507-TH-14am3 (Excess Dimension Agricultural Vehicles and Agricultural Combinations) issued on 16/09/2014.

Purpose

1. The purpose of this notice is to exempt the stated categories of class 1 heavy vehicles from the prescribed dimension requirements specified in the notice subject to the conditions specified in the notice.

Authorising Provision

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

Title

3.       This notice may be cited as the Queensland Class 1 Agricultural Vehicle (Zone 1) Dimension Exemption (Notice) 2014 (No. 1).

Commencement

4.       This notice commences on 1 December 2014.

Expiry 

5.       This notice expires on 31 January 2016.

Definitions

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

7.       In this notice—

agricultural combination means a combination consisting of at least 1 agricultural vehicle.

Note— A vehicle is a heavy vehicle if it has a GVM or ATM of more than 4.5t. A combination that includes a vehicle with a GVM or ATM of more than 4.5t is a heavy vehicle.

agricultural pilot means a person—

a)      directly associated with primary production who has held an open or provisional driver’s license for at least 12 months; or

b)      who is an accredited pilot vehicle driver or accredited escort vehicle driver appointed by the Chief Executive of Department of Transport and Main Roads, to carry out pilot duties under the Transport Operations (Road Use Management) Act 1995 (Qld), Section 21.

city includes any built up area within the city limits of any town or city listed as being a critical area, and is not limited to the Central Business District of any such place.

Christmas and New Year periods means the periods from 24 December 2014 to 2 January 2015 inclusive, and 24 December 2015 to 3 January 2016 inclusive.

convoy means the movement of more than one eligible vehicle travelling together on a road. An eligible vehicle is deemed to be travelling together with another eligible vehicle if it is travelling within 60 metres of that other vehicle or combination in a 60 km/hr speed zone or less or otherwise within 200 metres in any other speed zone.

critical road means a road marked in red on the Critical Areas and Roads in Queensland Map, published by QTMR.

critical area means, for a local government area mentioned in Schedule 1 to this notice, the shaded areas indicated on the Critical Areas and Roads in Queensland Map. It also includes any place for a local government area mentioned in Schedule 1 that is a built up area within the city limits of the following— Ayr, Bowen, Bundaberg, Cairns, Gladstone, Gordonvale, Gympie, Ingham, Innisfail, Mackay, Mareeba, Maryborough, Proserpine, Sarina, Townsville, Rockhampton.

Critical Areas and Roads in Queensland Map means the map of that name published by QTMR at http—//www.tmr.qld.gov.au/business-industry/Heavy-vehicles/Heavy-vehicle-guidelines-and-class-permits.aspx

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

eligible vehicle means an agricultural machine or agricultural combination.

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

major road is a road marked in blue on the Critical Area and Roads in Queensland map.

minor road is a road other than a major road or a critical road.

Portable road side warning sign means a sign approved for the purposes of this trial by Queensland Transport and Main roads.

QTMR means Queensland Transport and Main Roads.

zone 1, zone 2 and zone 3 mean the areas of those names indicated in the Zonal Map located in ‘Maps— Multi-combination routes and zones in Queensland’ at http—//www.tmr.qld.gov.au/business-industry/Heavy-vehicles/Multi-combination-vehicles/Maps.aspx

Application

8.       This notice applies to an eligible vehicle in Queensland.
 

Exemption from prescribed dimension requirements

9.       An eligible vehicle is exempt from the following dimension requirements of Schedule 6 to the MDL 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.

Conditions - General

10.   An eligible must not exceed the following dimension limits—

a)      a maximum length of—

i)      12.5 metres, for an agricultural machine other than a harvester; and

ii)      14.5 metres, for a harvester; and

iii)      19.0 metres for  an articulated agricultural machine; and

iv)      25.0 metres, for an agricultural combination; and

b)      a maximum rear overhang of—

i)      4.5 metres, for an agricultural machine or implement, other than an auger, conveyor, cotton module builder or harvester, 4.5 metres; and

ii)      5.5 metres,  for an auger, conveyor, cotton module builder or harvester; and

iii)      7.8 metres, for a harvester; and

c)       a maximum width of 4.0 metres; and

d)      a maximum height of 5.0 metres.

11.   An eligible vehicle must comply with the conditions in Schedule 8 of the MDL National Regulation mentioned in Schedule 2 to this notice, and need not comply with another condition in Schedule 8.

12.   An eligible vehicle may not travel at night.

13.   Pilot operations must be conducted by an agricultural pilot.

14.   The driver of an eligible vehicle must immediately advise the driver of the agricultural pilot vehicle of any damage caused during the movement of the oversize vehicle or combination.

15.   The driver of the lead agricultural pilot vehicle accompanying an eligible vehicle who is aware of any damage to property owned by a road manager incurred during the movement of the eligible vehicle, must report the damage to the nearest Queensland Transport and Main Roads office after the completion of the trip.

16.   The driver of the lead agricultural pilot vehicle accompanying an eligible vehicle who is aware of any damage to property owned by any entity must report the damage to the appropriate authority as soon as possible. If the damage could cause a dangerous situation, it must be reported immediately.

17.   An eligible vehicle must not travel in a convoy.

18.   At all times an elevator of a harvester must be moved in the same direction as the vehicle is turning to minimise the distance the overhang projects into the adjacent lane. The elevator must not project out beyond the side of the vehicle in an unsafe manner while performing this procedure.

19.   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 distances 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 the case of any inconsistency with this notice, the lesser of the distances in this notice and Form 17 must be adhered to.

20.   An eligible vehicle must comply with the conditions in Table 1 for the road category to which the condition applies in that table.

Table 1 - Conditions applying when travelling along a road

21.   Pilot positioning and use must be in accordance with Table 2 and 3, and clause 23.

Table 2 - Positioning of agricultural pilot for travel along a road

Table 3 – Conditions for crossing any critical road, or any road in a critical area

22.   If the driver does not have clear vision of at least 100 metres along the road in both directions an alternative route to cross the road with the required sight distances must be used.

23.   An agricultural pilot vehicle assisting with the movement of an eligible vehicle crossing a critical road or a road into a critical area must be—

a)      stationary in a safe position on the side of the formed part of the road; and

b)      located at least 350 metres from the crossing eligible vehicle but no further than 500 metres; and

c)       clearly visible to oncoming traffic at a distance of at least 100 metres.

24.   A sugar cane harvester with a rear overhang exceeding 5.5 metres but not exceeding 7.8 metres is permitted, subject to clauses 25 to 28, to travel—

a)      at any time—

i)      subject to (ii), with an agricultural pilot operating in accordance with Table 2; and

ii)      on a major or critical road, with an additional agricultural pilot travelling no more than 300 metres behind, unless a rear pilot is already required under Table 2; and

iii)      without being accompanied by an agricultural pilot when travelling on a designated road listed in Table 4 except within 100 metres from the Bruce Highway (an ‘excluded area’).

Note— when travelling in an excluded area, an eligible vehicle must comply with the pilot requirements ordinarily applicable to that category of road.

Table 4 - Designated roads

Areas or Routes to which this Exemption applies

25.   A person may drive an eligible vehicle on road in a Zone 1 participating local government area set out in Schedule 1 to this notice.

26.   This notice does not authorise the movement of an eligible vehicle within an unsafe distance of an overhead or underground electric line or otherwise contrary to Part 5 (Overhead and underground electric lines) of the Electrical Safety Regulation 2013 (Qld), or contrary to Part 5 (Vehicles) of the Transport Infrastructure (Rail) Regulation 2006 (Qld).

General route restriction conditions

27.   A person must not drive an eligible vehicle on a road in a participating local government in Zone 1—

a)      at any time—

i)      from 7.00am to sunset on Saturdays and Sundays, except on a minor road outside a critical area; or

ii)      on a single day, state wide, public holiday;  or

iii)      from midday the day prior to a state wide long weekend, until sunset on that day and from 7.00am to sunset on each day of the long weekend; or

b)      in a Central Business District of any City on a business day between 7.00am and 9.00am, or between 4.00pm and 6.00pm; or

c)       in the following areas during restricted times—

i)      on a School Bus Route during times when a school bus is scheduled to use the route; or

ii)      on roads which have been designated as school zones during the times speed restrictions for the zone are in place; or

d)      during the Christmas and New Year period, or the Easter period, other than a period mentioned in a)(ii) except—

i)      on a minor road outside a critical area; and

ii)      provided the vehicle is accompanied by pilot vehicles travelling behind and in front of the eligible vehicle.

Note— The public holiday restriction in 27a)(ii) remains in force notwithstanding the travel otherwise allowed under clause 27(d)

Conditions applying to particular routes

28.   An eligible vehicle is only authorised to travel on a restricted road mentioned in Table 5 in accordance with the conditions opposite that road in the table.

Table 5 – Specific Restrictions

Note— This notice does not authorise any increase in the applicable prescribed mass limits, however eligible vehicles will be entitled to continue to have access to any concession provided under Class Permit No 102-TH-12 (Eligible vehicles and cane bin trailers).

Declaration

I, Sal Petroccitto, delegate of the National Heavy Vehicle Regulator hereby exempt a vehicle to which this notice applies from the prescribed dimension requirements stated in this notice, to the extent, and on the conditions set out in this notice.

Dated:  27 November 2014

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator

Schedule 1 - Participating Local Government Areas

Schedule 2 – Applicable Conditions of Schedule 8 to the Heavy Vehicle (Mass, Dimension and Loading) National Regulation

General conditions - Part 1 Division 1

-                      Section 1 - Smallest practicable size

-                      Section 2 - Warning signs and flags

-                      Section 4 - Warning lights for daytime use

-                      Section 6 – Headlights

-                      Section 8 - No travelling if low visibility

-                      Section 10 - Allow overtaking

-                      Section 11 - Assessing routes

Agricultural vehicle requirements - Part 1 Division 4

-                      Section 19 – Application

-                      Section 20(3) and (4) - Warning devices

-                      Section 22 - Not to be used on Freeways

-                      Section 23 - Implements not to carry goods or passengers

-                      Section 24 - Speed limits without brakes

Pilot and escort vehicles - Part 1 Division 5

-                      Section 25 – Application, modified so that 25(1)(a) also applies where an eligible vehicle must be accompanied by a pilot vehicle under a condition of this notice

-                      Section 26 - Requirements for pilot vehicles

-                      Section 28 - Headlights on pilot vehicles

-                      Section 29 - Restriction of what may be carried

-                      Section 31(1) and (2)(b) - Communication between drivers

All dimension exemptions - Part 3 Division 1

-                      Section 34 – Application

-                      Section 35 -  Characteristics of warning lights

-                      Section 36 - Visibility of warning lights

-                      Section 37 - Switch for warning lights

-                      Section 38 - Warning lights to be on if required, and off if not

Warning signs - Part 3 Division 2 Sub-division 1

-                      Section 39 – Application

Warning signs (Agricultural & Pilot vehicles) - Part 3 Division 2 Sub-division 2

-                      Section 40 - Application of Sub-division

-                      Section 41 - Warning signs

-                      Section 42 - Material of warning signs

-                      Section 43 - Keeping signs clean

Warning signs (Agricultural vehicles) - Part 3 Division 2 Sub-division 3

-                      Section 44 - Application of sub-division

-                      Section 45 - Size of warning signs

-                      Section 46 - Size of warning sign

-                      Section 47 - Fitting warning signs

Warning signs (Pilot vehicles) - Part 3 Division 2 Sub-division 4

-                      Section 48 – Application

-                      Section 49 - Size and shape of sign

-                      Section 50 - Faces of warning sign

-                      Section 51 - Fitting warning signs