South Australia Class 3 23m Long Single Deck Vehicle Carrier Exemption Notice 2020

Overview

The South Australia Class 3 23m Long Single Deck Vehicle Carrier Exemption Notice 2020 (No.1) was enacted to address the need for exemptions from certain dimension limits in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, specifically for single deck vehicle carrier combinations between 19 metres and 23 metres long. This Notice was introduced under section 117 of the Heavy Vehicle National Law, with the aim of providing a legal framework for the operation of these vehicles within South Australia, whilst maintaining safety and compliance with other regulatory requirements. It revokes and replaces the South Australia Class 3 23m Long Single Deck Vehicle Carrier Exemption Notice 2019, and it applies only in South Australia, commencing on 1 August 2020 and expiring on 9 February 2024. The Notice exempts these vehicle combinations from specific length and rear overhang limits but does not exempt them from other requirements such as mass and other dimension requirements. The policy objective is to facilitate the transport of vehicles within defined parameters, ensuring that these vehicles can operate within the state while still adhering to safety standards.

Scope and Application

The South Australia Class 3 23m Long Single Deck Vehicle Carrier Exemption Notice 2020 applies specifically to vehicle carrier combinations in South Australia that consist of a rigid truck and a trailer built for carrying vehicles on a single deck, with an overall length between 19 and 23 metres. This exemption is designed to provide relief from certain dimension limits prescribed in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, specifically the length and rear overhang limits, while still ensuring road safety and compliance with other requirements of the Heavy Vehicle National Law. This Notice is applicable solely in South Australia and supersedes the 2019 version, removing certain maintenance conditions previously imposed. Notably, this exemption does not release these vehicles from other regulatory requirements, such as those relating to mass and additional dimension restrictions. The exemption is in effect from 1 August 2020 and will expire on 9 February 2024, unless altered by further legislative action.

Key Provisions

The South Australia Class 3 23m Long Single Deck Vehicle Carrier Exemption Notice 2020 (No.1) provides specific exemptions from certain dimension limits set out in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation) for certain vehicle carrier combinations in South Australia. This Notice specifically exempts 23m long single deck vehicle carrier combinations from the length limit specified in Section 3(1)(a) of Schedule 6 of the Regulation and from the rear overhang limit specified in Section 5(1) of Schedule 6 of the Regulation (Sections 10(a) and (b)). The Notice also includes conditions under which these exemptions apply, such as the load consisting only of vehicles (Section 11), the overall length of the combination when carrying a load must not exceed 23m (Section 12), and the vehicle carrier must be retractable to an overall length not exceeding 19m (Section 13). The obligations imposed by the Notice on the parties it governs include ensuring that the vehicle carrier is used solely for carrying vehicles and that the overall length of the combination does not exceed the specified limits when loaded or unloaded. The Notice also mandates that the rear overhang of the trailer must not exceed 4.9m if the overhang greater than 3.7m consists only of a vehicle that is not a heavy vehicle (Section 15). Additionally, loads must not be carried above the cabin of the rigid truck (Section 16), and a 23m Long Single Deck Vehicle Carrier is not permitted to operate at Concessional Mass Limits (Section 17). If the vehicle carrier exceeds a length of 22m, a Long Vehicle sign must be displayed at the rear of the vehicle in accordance with clause 5(3) and 6 of the Heavy Vehicle (Vehicle Standards) National Regulations (Section 17 Note). Failure to comply with the provisions of this Notice can result in various consequences. The Notice does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within its text. However, breaches of the Heavy Vehicle National Law generally can lead to civil penalties, including fines, or criminal penalties, including imprisonment, depending on the severity and nature of the breach. The maximum penalties would be as stipulated under the respective sections of the Heavy Vehicle National Law as in force in each participating jurisdiction.