HEAVY VEHICLE NATIONAL LAW
Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2022 (No 1)
- Purpose
The purpose of this Notice is to provide an exemption from regulation dimension requirements to allow the fitting of CCTV cameras to Brisbane City Council buses
Note: This Notice replaces the Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2017 (No.1)
2. Authorising Provision
This notice is made under section 117 of the Heavy Vehicle National Law.
3. Commencement
This notice commences on 1 July 2022.
4. Expiry
This notice expires on 30 June 2027.
5. Title
This notice may be cited as the Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2022 (No.1).
6. Definitions
1) In this Instrument—
eligible vehicle means a Brisbane City Council Bus fitted with—
a) a Closed-Circuit Television (CCTV) system; and
b) two cameras (one each side of the bus) installed on the outside of the bus on the cant rail above the window line.
National Regulation means the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.
7. Exemption - Prescribed dimension requirements
An eligible vehicle is exempt from Section 7(1) (Width) of Schedule 6 of the National Regulation.
Note: This notice also exempts an eligible vehicle from a dimension requirement that may otherwise be applied as a vehicle standard under the Heavy Vehicle (Vehicle Standards) National Regulation as a result of the operation of section 34 of that regulation.
8. Conditions – Dimensions (Maximum Width)
Buses operating under this notice must not exceed a maximum width of 2.6m.
9. Areas or Routes to which this Exemption applies
This notice applies to all roads in Queensland on which an eligible vehicle is authorised to travel.
Peter Caprioli
Executive Director (Freight and Supply Chain Productivity)
National Heavy Vehicle Regulator
Overview
The Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2022 (No 1) was enacted to facilitate the installation of CCTV cameras on Brisbane City Council buses while ensuring compliance with dimensional regulations. This Notice, which came into effect on 1 July 2022 and will expire on 30 June 2027, was made under section 117 of the Heavy Vehicle National Law by the National Heavy Vehicle Regulator. The primary objective of this Notice is to allow Brisbane City Council to equip their buses with CCTV systems without contravening national dimension requirements. Eligible vehicles, defined as Brisbane City Council buses fitted with a CCTV system and two cameras installed on the outside of the bus, are exempted from specific dimension requirements, provided they do not exceed a maximum width of 2.6 metres. This exemption applies to all roads in Queensland where these buses are permitted to operate.
Scope and Application
The Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2022 (No 1) aims to provide a specific exemption from certain dimension requirements to allow the fitting of CCTV cameras to Brisbane City Council buses. This exemption applies to eligible vehicles, which are defined as Brisbane City Council buses equipped with a Closed-Circuit Television (CCTV) system, featuring two cameras installed on the outside of the bus on the cant rail above the window line. The Notice permits this exemption from Section 7(1) (Width) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, as well as from dimension requirements that may be applied as vehicle standards under the Heavy Vehicle (Vehicle Standards) National Regulation. The Notice also imposes a condition that buses operating under this exemption must not exceed a maximum width of 2.6m. This exemption is applicable to all roads in Queensland where an eligible vehicle is authorised to travel. The Notice operates under section 117 of the Heavy Vehicle National Law, commences on 1 July 2022, and expires on 30 June 2027.
Key Provisions
The Queensland Class 3 Heavy Vehicle (Brisbane City Council CCTV) Dimension Exemption Notice 2022 (No. 1) (the "Notice") provides specific exemptions to certain dimension requirements for Brisbane City Council buses that are fitted with CCTV cameras. Under Section 7, eligible vehicles are exempt from the prescribed width requirements set out in Section 7(1) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This exemption applies to all roads in Queensland on which an eligible vehicle is authorised to travel, as stated in Section 9 of the Notice.
Eligible vehicles, as defined in Section 6, must be Brisbane City Council buses fitted with a Closed-Circuit Television (CCTV) system and two cameras installed on the outside of the bus on the cant rail above the window line. Despite the exemption from certain dimension requirements, buses operating under this Notice must not exceed a maximum width of 2.6m, as stated in Section 8. This Notice is made under Section 117 of the Heavy Vehicle National Law and it commenced on 1 July 2022, expiring on 30 June 2027.
The obligations imposed by the Notice include ensuring that the eligible vehicles, which are Brisbane City Council buses fitted with the specified CCTV systems, do not exceed the maximum width of 2.6m. The Notice also requires that the buses must comply with all other applicable regulatory requirements, including those related to safety, operation, and maintenance, as per the Heavy Vehicle National Law.
Failure to comply with the provisions of the Notice may result in civil or criminal consequences. While the Notice does not explicitly outline the specific penalties for breach, under the Heavy Vehicle National Law, penalties may include fines, suspension or cancellation of the vehicle's authority, and potential prosecution for serious or repeated breaches. The exact penalties would depend on the nature and severity of the breach, as well as the relevant laws and regulations in place at the time of the offence.