South Australia Class 1 Opal Mining Vehicle Dimension Exemption Notice 2023 (No.1)

HEAVY VEHICLE NATIONAL LAW

South Australia Class 1 Opal Mining Vehicle Dimension Exemption Notice 2023 (No.1)

1. Purpose

1)      This Notice grants exemption from dimension requirements for class 1 special purpose vehicles used for opal mining commonly known as blowers, noodling machines, elevators and prospecting drills.

2)      This Notice also makes certain exemptions from vehicle standards requirements pursuant to the Heavy Vehicle (Vehicle Standards) National Regulation.

3)      This Notice revokes and replaces the South Australia Class 1 Opal Mining Vehicle Dimension Exemption Notice 2019 (No.1).

2.       Authorising provision

4)      This Notice is made under the following provision of the Heavy Vehicle National Law (HVNL):

a)      section 61 – Regulator’s power to exempt category of heavy vehicles from compliance with heavy vehicle standard

b)      section 117 – Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement.

c)       section 23 of Schedule 1 – Regulator’s power to amend or repeal instrument.

3.       Title

This exemption Notice may be cited as the South Australia Class 1 Opal Mining Vehicle Dimension Exemption Notice 2023 (No.1).

4.       Commencement date

This Notice commences on 28 July 2023.

5.       Expiry date

This Notice expires on 27 July 2028.

6.       Definitions

Unless otherwise stated, words and expressions used in this Notice have the same meanings as those in the HVNL and its regulations.

7.       Application

1)      This exemption Notice applies to a Class 1 special purpose vehicle that is used for the purpose of opal mining.

2)      A special purpose vehicle in 1) must be:

a)      a blower;

b)      a noodling machine;

c)       an elevator; or

d)      a prospecting drill.

3)      This Notice applies in South Australia.

4)      A heavy vehicle to which this section applies and that complies with the conditions of this notice is an eligible vehicle.

8.       Exemption – Vehicle Standards

1)      An eligible vehicle is exempt from the following vehicle standards applied by section 3 and schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation (VS Regulation):

a)      Sections relating to compliance with Australian Design Rules Second and Third editions

b)      Part 2 - General Safety Requirements

1. Section 5 Turning Ability
2. Section 7 Protrusions
3. Section 10 Mudguards
4. Section 14 Automatic Transmission
5. Section 22 Windscreen wipers and washers

c)       Part 6 - Lights and Reflectors

1. All sections

d)      Part 8 - Control of emissions

1. All sections.

9.       Exemption – Prescribed dimension requirements

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

a)      section 7 – Width

b)      section 8 – Height

2)      The exemption in section 9(1)(a) of this notice only applies to the extent that specific conditional width limit is provided in section 10 of this notice.

3)      The exemption in section 9(1)(b) of this notice is not subject to any condition, apart from that which may apply in relation to:

a)      a condition of a specific network under this notice; or

b)      a limitation placed by a structure.

4)      If, in relation to a particular vehicle or component, this notice provides for more than one dimension limit that apply in the same circumstances, the lower dimension limit applies, and the other dimension limit must be disregarded

10.   Condition – Width

1)      An eligible vehicle must not exceed 4.0m in width.

2)      For this section, the width of a heavy vehicle must be measured in the same manner as in section 8 of the Heavy Vehicle (Vehicle Standards) National Regulation.

11.   Condition - General Conditions

1)      Travel under this notice is only permitted in daylight.

2)      Travel is not permitted during periods of low visibility.

3)      Vehicles shall only operate in dry conditions and where the road surface is not wet and holding pooled surface water.

Note: Sub-section 1) replaces the general restrictions about night travel in s7 of Schedule 8 in the MDL Regulation. Other requirements under Schedule 8 of the MDL Regulation apply to eligible vehicles operating under this Notice, including assessing routes before travel.

12.   Conditions – Areas and routes

1)      An eligible vehicle complying with the conditions of this Notice is authorised to operate on all public roads within the areas specified below.

a)      within a 150km radius of Coober Pedy

b)      within a 150km radius of Marla

c)       within a 30km radius of Andamooka

2)      For the purposes of section 119(1)(a) of the HVNL, an area specified in this notice is a stated area or route to which this notice applies.

3)      An eligible vehicle travelling on a road under this section must comply with height restrictions prescribed by the Height Clearances on and Under Structures map maintained by South Australia Department of Infrastructure and Transport and published on its website.

4)      An eligible vehicle operating on a road specified in this Notice must comply with the following conditions as specified for that road:

a)      Road conditions pursuant to section 160 of the HVNL; and

b)      Travel conditions pursuant to section 161 of the HVNL; and

c)       Vehicle conditions pursuant to section 162 of the HVNL.