HEAVY VEHICLE NATIONAL LAW
South Australia Class 3 Bus Recovery (O-Bahn Busway) Dimension Exemption Notice 2024 (No.1)
- Purpose
- This notice grants an exemption from a prescribed dimension requirement for a class 3 heavy combination that is a bus towing another bus which has broken down on the O-Bahn Busway.
- This notice revokes and replaces the South Australia Class 3 Disabled Bus Dimension Exemption Notice 2020 (No.1).
- Authorising Provision
- This notice is made under the following provision of the Heavy Vehicle National Law (HVNL):
- section 117 – Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement.
- section 23 of Schedule 1 – Regulator’s power to amend or repeal instrument.
- Title
This notice may be cited as the South Australia Class 3 Bus Recovery (O-Bahn Busway) Dimension Exemption Notice 2024 (No.1).
- Commencement
This notice commences on 22 November 2024.
- Expiry
This notice expires on 21 November 2029.
- Definitions
- Unless otherwise stated, words and expressions used in this notice have the same meanings as those in the HVNL and its regulations.
- In this notice:
Guide means the South Australia Class 3 Bus Recovery (O-Bahn Busway) Dimension Exemption Notice 2024 (No.1) Operator’s Guide published by the National Heavy Vehicle Regulator, and as amended from time to time.
MDL Regulation means the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.
O-Bahn Guided Busway (O-Bahn Busway) means the Northeast Guided Busway between the Adelaide Central Business District and Modbury including related infrastructure.
- Application
- This notice applies to a class 3 heavy combination that meets all the requirements in this section.
- This notice applies to a heavy combination that is a bus towing another bus which has broken down on the O-Bahn Busway
- This notice applies in South Australia.
- A heavy combination to which this section applies and that complies with the conditions of this notice is an eligible vehicle.
- Exemption – Dimension
- An eligible vehicle is exempt from the following dimension requirement in Schedule 6 of the MDL Regulation:
- Section 3 – Length.
2) An exemption in 1) only applies to the extent of the specific conditional dimension limit in section 9 of this notice.
- Condition – Maximum combined dimension
The maximum length of an eligible vehicle must not exceed 40 metres.
- Conditions – General
- An eligible vehicle must:
- not carry passengers; and
- not exceed 40kph; and
- use a rigid tow bar to connect the towing bus to the towed bus.
- Condition – Stated areas or routes
1) An eligible vehicle complying with the conditions of this notice is authorised to operate on areas and routes stated in this section.
2) For the purposes of section 119 (1)(a) of the HVNL, an area or route stated in this section is a stated area or route to which this notice applies.
3) In this notice a reference to a network is a reference to a map or stated route pursuant to section 119(2) of the HVNL.
4) An eligible vehicle may operate on the routes and areas provided in the following network:
O-Bahn Bus Recovery Network
5) Regardless of any access granted under this section, an eligible vehicle must comply with any conditions or restrictions applied to a given area or route by the Specified Road Manager Network Requirements in the Guide.
- In this section:
network means a map or stated route, including a list or database, presented electronically or otherwise, that represents the stated areas and stated routes authorised under this notice.
7) An eligible vehicle operating on an area or route specified in this section must comply with any of the following conditions prescribed for that area or route:
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.
Jose Arredondo
Manager Network Access Policy
National Heavy Vehicle Regulator
Overview
The South Australia Class 3 Bus Recovery (O-Bahn Busway) Dimension Exemption Notice 2024 (No. 1), made under the Heavy Vehicle National Law (HVNL), provides a specific exemption to the dimension requirements for a Class 3 heavy combination that is a bus towing another bus which has broken down on the O-Bahn Busway. This notice serves to streamline the recovery process for buses that have broken down on the O-Bahn Busway, ensuring that recovery operations can be carried out more efficiently. The exemption is designed to address the logistical challenges faced by operators when dealing with broken-down buses on the O-Bahn Busway. Enacted by the National Heavy Vehicle Regulator, the policy objective is to facilitate smoother and safer recovery operations, thus reducing potential disruptions and delays on the busway. This notice revokes and replaces the South Australia Class 3 Disabled Bus Dimension Exemption Notice 2020 (No. 1), reflecting updated guidelines and operational needs.
Scope and Application
This exemption notice applies to a specific category of heavy vehicles within South Australia, namely class 3 heavy combinations that involve a bus towing another bus which has broken down on the O-Bahn Busway. The notice provides an exemption from certain dimension requirements prescribed in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, specifically concerning the length of the towing vehicle. This exemption is granted to facilitate the recovery of broken-down buses on the O-Bahn Busway, ensuring that such operations can proceed under controlled conditions. The notice is applicable only in South Australia and becomes effective on 22 November 2024, expiring on 21 November 2029. Vehicles that meet the criteria and comply with the conditions of this notice are eligible for the exemption, which includes restrictions such as not carrying passengers, maintaining a speed limit of 40kph, and using a rigid tow bar for the connection. Additionally, these vehicles are authorised to operate only on specific areas and routes designated within the O-Bahn Bus Recovery Network, subject to any conditions or restrictions imposed by the Specified Road Manager Network Requirements in the Operator’s Guide published by the National Heavy Vehicle Regulator.
Key Provisions
The main operative sections of the South Australia Class 3 Bus Recovery (O-Bahn Busway) Dimension Exemption Notice 2024 (No.1) provide an exemption from certain dimension requirements for a class 3 heavy combination that is a bus towing another bus which has broken down on the O-Bahn Busway (sections 1-2). This exemption is subject to specific conditions, including a maximum length of 40 metres (section 9), a requirement that the vehicle not carry passengers (section 4), a speed limit of 40kph (section 4), and the use of a rigid tow bar (section 4). Furthermore, the exemption applies to specified areas and routes outlined in the notice (section 5). The notice revokes and replaces the South Australia Class 3 Disabled Bus Dimension Exemption Notice 2020 (No.1) and is made under the Heavy Vehicle National Law (HVNL) (section 117 and section 23 of Schedule 1).
The obligations imposed on the parties or entities governed by this notice are primarily centred around compliance with the conditions specified. Eligible vehicles, which are class 3 heavy combinations that meet the notice's criteria, must adhere to the maximum combined dimension of 40 metres, must not carry passengers, must not exceed 40kph, and must use a rigid tow bar for towing. Additionally, these vehicles are authorised to operate on the O-Bahn Bus Recovery Network, as outlined in the notice (section 5). Operators must also comply with any conditions or restrictions applied to a given area or route by the Specified Road Manager Network Requirements in the Operator’s Guide. This includes adhering to road conditions (section 160 of the HVNL), travel conditions (section 161 of the HVNL), and vehicle conditions (section 162 of the HVNL) as prescribed for the specified areas and routes.
Any breach of the conditions outlined in the notice can lead to various offences and penalties. While the notice does not explicitly state the maximum penalties, breaches of the Heavy Vehicle National Law or its regulations can lead to significant civil and criminal consequences. Under the HVNL, penalties can include fines and imprisonment. For instance, failing to comply with dimension requirements can result in fines up to a certain amount as stipulated in the relevant regulations. Similarly, operating a vehicle that does not meet the prescribed conditions can lead to both civil penalties, such as fines, and criminal penalties, including imprisonment, depending on the severity of the breach and the provisions of the HVNL and its regulations.