Queensland Class 1 Heavy Vehicle Christmas Curfew Derestriction Dimension Exemption Notice 2015 (No.2)

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

Legislation au C2015G02133 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

 

Queensland Class 1 Heavy Vehicle Christmas Curfew Derestriction Dimension Exemption Notice 2015 (No. 2)

 

Revocation

 

This Notice repeals and replaces the Queensland Class 1 Heavy Vehicle Christmas Curfew Derestriction Dimension Exemption Notice 2015 (No. 1).

 

Note: this notice corrects a technical discrepancy in the operational period of the Queensland Class 1 Heavy Vehicle Christmas Curfew Derestriction Dimension Exemption Notice 2015 (No. 1). In all other respects the Notices are the same.

 

Purpose

 

1)      The purpose of this Notice is to temporarily vary the requirements of the—

a)      Guideline for Excess Dimension Vehicles etc. Form Number 4 (Version 8 February 2013); and

b)      Guideline for Excess Dimension Agricultural Vehicles and Agricultural Combinations Vehicles and Drivers Form Number 14 (Version 4 October 2013).

 

Authorising Provision

 

2)      This Notice is made under section 117, 197, and section 23 of Schedule 1, of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction.

 

Title

 

3)      This Notice may be cited as the Queensland Class 1 Heavy Vehicle Christmas Curfew Derestriction Dimension Exemption Notice 2015 (No.2).

 

Commencement

 

4)      This Notice commences on 19 December 2015.

 

Expiry 

 

5)      This Notice expires on 3 January 2016.

 

Definitions

 

6)      Unless otherwise stated, words and expressions used in this Notice have the same meanings as in the HVNL, the Form 4 Guideline and the Form 14 Guideline.

 

 

 

 

7)      In this Notice

Christmas/ New Year period means

a)      For a vehicle mentioned in the Form 4 Guideline to which this Notice applies, the period mentioned in section 10.4.1 of that guideline for that vehicle; and

b)      For a vehicle mentioned in section 9c) of this Notice, 19 December 2015 to Sunday 3 January 2016.

c)       For an agricultural vehicle or combination mentioned in the Form 14 Guideline, the period mentioned in Appendix 1 of that guideline for that vehicle.

 

eligible vehicle means a vehicle eligible to operate under the Form 4 Guideline or Form 14 Guideline.

 

Form 4 Guideline means the Guideline for Excess Dimension Vehicles Carrying Indivisible Articles Special Purpose Vehicles, 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 Vehicles and Drivers Form Number 14 (Version 4 October 2013).

 

Application

 

8)      This Notice applies to an eligible vehicle in Queensland.
 

Conditional amendment of Form 4

 

9)      Notwithstanding section 10.4 of the Form 4 Guideline and Appendix 1 of the Form 14 Guideline, an eligible vehicle that is

a)      a special purpose vehicle that is not wider than 3.5m, may travel during the Christmas/New Year period provided the travel is

i)      not on any highway, motorway or freeway; and

ii)      to or from a job site.

 

b)      not wider than 4.5m or longer than 30m, and is transporting a large indivisible item or is a crane, may travel from 27 December to 30 of December 2015 on a route mentioned in Table 1 of Schedule 1 to this Notice subject to the limitations set out in that table provided the vehicle is travelling

i)      to or from the Port of Brisbane; and

ii)      to or from the bond store/holding yard for the vehicle or load; and

iii)      during the hours of travel specified for weekdays and weekends in the Form 4 Guideline, Sections 10.2 to 10.4.

 

c)       a conditionally registered vehicle with unrestricted access may travel to or from unprogrammed operations that involve immediate repairs to public utilities during the Christmas/New Year period.

 

d)      an agricultural vehicle or combination operating under the Form 14 Guideline

i)      may travel during the Christmas/New Year period, except on the roads and areas listed in Appendix 3 of Form 14;  

ii)      provided the oversize agricultural vehicle or combination is being accompanied by at least one agricultural pilot more than the minimum requirements of that guideline for the vehicle or combination.

10)  An eligible vehicle that is –

a)      a special purpose vehicle or a vehicle or vehicle combination transporting a large indivisible item; and

i)      is operating under a current dimension exemption (Notice or permit); and

ii)      is directly involved with, or in support of, LNG and mining activities; and

iii)      operates solely within the Cooper Basin as mapped in Schedule 2 of this Notice.

 

b)      Is exempt from Section 10.4 of the Form 4 Guidelines.

 

11)  It is a condition of this exemption that an eligible vehicle complies with

a)      the requirements set out in section 9 of this Notice that apply to the vehicle; and

b)      any condition or requirement of Form 4 or Form 14 that is not excluded by this Notice.

 

Note—

The prescribed conditions in Schedule 8 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation do not apply to an eligible vehicle operating under this Notice.

 

 

Dated:  16 December 2015

 

 

 

 

 

 

 

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator

Schedule 1 Table of Route Limitations

 

Location of Holding Yards

Route (Arterial Road)

Limitations

Hemmant

Port of Brisbane Motorway

  • No movement west of Gateway Motorway

Acacia ridge

Archerfield

Rocklea

Port of Brisbane Motorway

  • No movement north of Riawena Road, Granard Road and Ipswich Motorway
  • No movement West of Blunder Road

Larapinta

Port of Brisbane Motorway

  • No movement West of Stapylton Road
  • No movement south of Browns Plains Road

Eagle Farm

Port of Brisbane Motorway

  • No movement North of Kingsford Smith Drive
  • No movement West of Southern Cross Way
  • Access to Sugarmill Road is permitted

Mackay Harbour

Paget

  • No movement north of
  • intersection Bruce Highway and Sams Road

Paget

Hay Point

  • No movement South of Bruce Highwav and Farrellvs Road

 


Schedule2: Map Including Cooper Basin Region

 

 

 

Overview

The Queensland Class 1 Heavy Vehicle Christmas Curfew Derestriction Dimension Exemption Notice 2015 (No. 2) was enacted to address a technical discrepancy in the operational period of the Queensland Class 1 Heavy Vehicle Christmas Curfew Derestriction Dimension Exemption Notice 2015 (No. 1). This Notice, issued under section 117, 197, and section 23 of Schedule 1 of the Heavy Vehicle National Law (HVNL), provides a temporary variation to the requirements of the Guideline for Excess Dimension Vehicles etc. Form Number 4 and the Guideline for Excess Dimension Agricultural Vehicles and Agricultural Combinations Vehicles and Drivers Form Number 14. The Notice applies to eligible vehicles in Queensland and allows certain vehicles to travel during the Christmas and New Year period under specific conditions, such as restrictions on the types of roads they can use and the types of activities they can support. The policy objective of this Notice is to facilitate the movement of vehicles necessary for critical operations during a period when movement restrictions typically apply. This Notice, which came into effect on 19 December 2015 and expired on 3 January 2016, aims to ensure that essential services and activities, particularly those related to LNG and mining operations in the Cooper Basin, can proceed without undue hindrance. By clarifying and correcting the operational period, the Notice helps to maintain operational efficiency and compliance with national heavy vehicle regulations, while still adhering to the broader safety and regulatory framework established by the HVNL.

Scope and Application

The Queensland Class 1 Heavy Vehicle Christmas Curfew Derestriction Dimension Exemption Notice 2015 (No. 2) applies to eligible vehicles in Queensland that are subject to the Guideline for Excess Dimension Vehicles etc. Form Number 4 and the Guideline for Excess Dimension Agricultural Vehicles and Agricultural Combinations Vehicles and Drivers Form Number 14. This Notice was made under sections 117, 197, and section 23 of Schedule 1 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction. The Notice aims to temporarily vary the requirements of the specified guidelines by allowing certain vehicles to travel during the Christmas/New Year period under specific conditions. These conditions include restrictions on the type of roads the vehicles can travel on, the type of loads they can carry, and the locations they can travel to or from. Vehicles involved in LNG and mining activities operating solely within the Cooper Basin are also exempt from certain restrictions. The Notice commenced on 19 December 2015 and expired on 3 January 2016, with a provision for its terms to be extended or modified through subordinate instruments. However, the prescribed conditions in Schedule 8 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation do not apply to vehicles operating under this Notice.

Key Provisions

This Notice provides temporary variations to the requirements of the Guideline for Excess Dimension Vehicles etc. Form Number 4 and the Guideline for Excess Dimension Agricultural Vehicles and Agricultural Combinations Vehicles and Drivers Form Number 14, both of which are part of the Heavy Vehicle National Law (HVNL) as in force in participating jurisdictions (sections 1, 2). The Notice applies to eligible vehicles in Queensland during the Christmas/New Year period from 19 December 2015 to 3 January 2016 (sections 4, 5, 6, 7). Eligible vehicles include special purpose vehicles, vehicles transporting large indivisible items, and agricultural vehicles or combinations. Under this Notice, certain vehicles are permitted to travel during the specified period under certain conditions. For example, special purpose vehicles that are not wider than 3.5 metres may travel, provided the travel is not on any highway, motorway, or freeway and is to or from a job site (section 9(a)). Vehicles transporting large indivisible items or cranes, not wider than 4.5 metres or longer than 30 metres, may travel from 27 December to 30 December 2015 on specified routes, provided the travel is to or from the Port of Brisbane, to or from the bond store/holding yard for the vehicle or load, and during the hours specified for weekdays and weekends in the Form 4 Guideline (section 9(b)). Agricultural vehicles or combinations may travel during the Christmas/New Year period, except on the roads and areas listed in Appendix 3 of Form 14, provided they are accompanied by at least one agricultural pilot (section 9(d)). This Notice imposes specific obligations and conditions on eligible vehicles. For instance, special purpose vehicles and vehicles transporting large indivisible items, operating under a current dimension exemption and involved with LNG and mining activities within the Cooper Basin, are exempt from Section 10.4 of the Form 4 Guidelines. However, it is a condition of this exemption that the vehicle complies with the requirements set out in section 9 of this Notice and any condition or requirement of Form 4 or Form 14 that is not excluded by this Notice (section 11). The prescribed conditions in Schedule 8 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation do not apply to an eligible vehicle operating under this Notice (Note to section 11). There are no specific offences, penalties, or civil/criminal consequences outlined in this Notice for breaches of its provisions. However, breaches of the HVNL or related guidelines could result in penalties under those laws. For example, penalties for breaches of the HVNL can include fines of up to $66,000 for individuals and $330,000 for corporations, as well as potential disqualification from driving heavy vehicles. It is important for parties to adhere to the conditions and requirements of this Notice to avoid any potential consequences under the broader regulatory framework.

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