Queensland Class 1 Heavy Vehicle Easter Curfew Derestriction Dimension Exemption (Notice) 2016 (No. 1)

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

Legislation au C2016G00309 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

 

Queensland Class 1 Heavy Vehicle Easter Curfew Derestriction Dimension Exemption (Notice) 2016 (No. 1)

 

Purpose

 

1)       The purpose of this notice is to temporarily vary the requirements of the Guideline for Excess Dimension Vehicles etc. Form Number 4 (Version 8 February 2013).

 

Authorising Provision

 

2)      This notice is made under Section 117 and Section 23 of Schedule 1, 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 Heavy Vehicle Easter Curfew Derestriction Dimension Exemption (Notice) 2016 (No. 1).

 

Commencement

 

4)      This notice commences at 12:01 AM on 24 March 2016.

 

Expiry 

 

5)      This notice expires at 11:59 PM on 29 March 2016.

 

Definitions

 

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

 

7)      In this notice—

Easter period means for a vehicle mentioned in the Form 4 Guideline to which this notice applies, the period mentioned in section 10.5.1 of that guideline for that vehicle.

 

eligible vehicle means a vehicle eligible to operate under the Form 4 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).

 

Application

 

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


 

Conditional amendment of Form 4

 

9)      Notwithstanding section 10.5 of the Form 4 Guideline, an eligible vehicle that is

a)      not wider than 4.5m or longer than 30m, and is transporting a large indivisible item or is a crane, may travel from 24 March 2016 to 29 March 2016, inclusive, 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 mentioned in Table 1; and

iii)      during the hours of travel specified for weekdays and weekends in the Form 4 Guideline, Sections 10.2 and 10.3; or

b)      a conditionally registered vehicle with unrestricted access may travel to or from unprogrammed operations that involve immediate repairs to public utilities during the Easter period; or

c)       a special purpose vehicle or a vehicle or combination transporting a large indivisible item, may operate during the Easter period, where the vehicle is

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

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

iii)      operating solely within the Cooper Basin as set out in Schedule 2 to this notice.

 

10)  It is a condition of this exemption that

a)      an eligible vehicle operating under it complies with

i)      the requirements set out in Section 9 of this notice that apply to the vehicle; and

ii)      any condition or requirement of the Form 4 Guideline or permit applying to the vehicle that is not excluded by this notice; and;

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

 

11)  Travel anytime during the Easter period is permitted for oversize agricultural vehicles, except on the roads listed in Appendix 3, of Guideline for Excess Dimension Agricultural Vehicles and Agricultural Combinations Vehicles and Drivers 2012 Form 14. Provided the oversize vehicle agricultural vehicle or combination is being accompanied by at least one agricultural pilot above the minimum requirements of the guideline.

 

 

 

Dated:  1 March 2016

 

 

 

 

 

 

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator

Schedule 1

 

 

Table 1

 

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
  • Gateway Motorway
  • Logan Motorway
  • Beaudesert Road
  • No movement North of Riawena Road, Granard Road and Ipswich Motorway
  • No movement West of Blunder Road

Larapinta

  • Port of Brisbane Motorway
  • Gateway Motorway
  • Logan 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 Farrells Road

Schedule 2

Overview

The Queensland Class 1 Heavy Vehicle Easter Curfew Derestriction Dimension Exemption (Notice) 2016 (No. 1) was enacted to address the temporary derestriction of dimensions for certain heavy vehicles during the Easter period. This notice was authorised by the Heavy Vehicle National Law as in force in each participating jurisdiction, specifically under Section 117 and Section 23 of Schedule 1. The policy objective is to provide flexibility for the movement of vehicles carrying large indivisible items, such as those used in construction or mining, during the Easter period to facilitate the efficient movement of these vehicles while ensuring safety on the roads. This notice applies to eligible vehicles in Queensland that meet certain dimensional and operational criteria, allowing them to travel on specified routes and within certain hours during the Easter period. The exemption conditions include requirements for vehicle compliance, possession of the notice by the driver, and adherence to the Form 4 Guideline and other permit conditions unless explicitly excluded by this notice.

Scope and Application

The Queensland Class 1 Heavy Vehicle Easter Curfew Derestriction Dimension Exemption (Notice) 2016 (No. 1) is a temporary legislative measure aimed at modifying the requirements of the Guideline for Excess Dimension Vehicles etc. Form Number 4 (Version 8 February 2013) to accommodate specific needs during the Easter period. This notice applies to eligible vehicles in Queensland that are either not wider than 4.5 meters or longer than 30 meters and are transporting large indivisible items, operating as a crane, or involved in immediate repairs to public utilities. Additionally, it applies to special purpose vehicles or vehicles transporting large indivisible items operating under a current dimension exemption and directly involved with, or in support of, mining activities within the Cooper Basin. The notice also allows for the unrestricted movement of oversize agricultural vehicles, provided they are accompanied by at least one agricultural pilot. The notice is made under Section 117 and Section 23 of Schedule 1 of the Heavy Vehicle National Law as in force in each participating jurisdiction and it applies specifically within Queensland, providing temporary exemptions from certain restrictions during the Easter period from 24 March to 29 March 2016.

Key Provisions

The main operative sections of the Queensland Class 1 Heavy Vehicle Easter Curfew Derestriction Dimension Exemption (Notice) 2016 (No. 1) are outlined in sections 9 and 10. Section 9 specifies the conditions under which certain vehicles can travel during the Easter period without adhering to the usual restrictions set out in the Guideline for Excess Dimension Vehicles etc. Form Number 4 (Version 8 February 2013). Section 10 sets out the specific limitations and requirements for these vehicles, such as the routes they can travel on and the types of operations they must be involved in. Section 11 permits travel for oversize agricultural vehicles during the Easter period, provided certain conditions are met, such as being accompanied by an agricultural pilot. The Act imposes several obligations and requirements on the parties it governs. Firstly, eligible vehicles must comply with the specific conditions set out in section 9 and any other conditions or requirements of the Form 4 Guideline or permit that are not excluded by this notice (section 10(a)(i) and (ii)). Secondly, drivers of vehicles operating under this exemption must keep a copy of the notice in their possession and produce it to an authorised officer when requested (section 10(a)(b)). Additionally, oversize agricultural vehicles must be accompanied by at least one agricultural pilot above the minimum requirements of the guideline when travelling during the Easter period (section 11). The notice also outlines the potential consequences for breaches of its provisions. While the notice does not specify criminal offences or penalties, it is implied that breaches may lead to enforcement actions by authorised officers. The notice is made under section 117 and section 23 of Schedule 1 of the Heavy Vehicle National Law, which suggests that penalties may be imposed under the relevant provisions of that law. It is important for parties governed by this notice to adhere to its provisions to avoid any potential consequences, including possible enforcement actions or penalties under the Heavy Vehicle National Law.

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