South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2015 (No. 1)

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

Legislation au C2015G01527 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

SOUTH AUSTRALIA HEAVY VEHICLE FARM GATE GRAIN TRANSPORT MASS EXEMPTION NOTICE 2015 (No. 1)

 

1                      Purpose

(1)          This notice provides exemptions for heavy vehicles operating under mass management accreditation, at concessional mass limits under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation), or at higher mass limits from certain provisions of specified primary notices while transporting grain directly from a farm to a grain receiver.

 

2                      Authorising Provision

(1)          This notice is made under section 117 of the Heavy Vehicle National Law (the National Law) as in force in each participating jurisdiction.

 

3                       Commencement

(1)          This notice commences on 18 September 2015.

 

4                      Expiry

(1)          This notice expires on 17 September 2020.

 

5                      Definitions

(1)          Unless otherwise stated in this clause, words and expressions used in this notice have the same meanings as those defined in the Heavy Vehicle National Law and National Regulations.

(2)         In this Notice—

 

approved route network means the network specified in the relevant primary notice.

farm gate means the point at which the vehicle or combination leaves the farmer’s property where the grain was harvested and enters the approved route network.

grain receiver means the place that the grain is delivered to directly from the farm.

normal mass limit means the mass limit that would, but for the operation of this notice, apply to the vehicle or combination when operating under concessional mass limits pursuant to the National Regulation or under a primary notice.

primary notice means a notice specified in Section 7(3) of this Notice.

 

6                      Title

(1)          This notice may be cited as the South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2015.

 

7                       Application

(1)          This notice applies in South Australia.

(2)          This notice applies to a heavy vehicle operating under concessional mass limits set out in Schedule 2 of the National Regulation.

(3)          This notice applies to a heavy vehicle operating under one of the following South Australian notices—

(a)      Higher Mass Limits for Vehicles Fitted with Road Friendly Suspension published in the South Australian Government Gazette, dated 16 June 2011; or

(b)      Operation of B-Double Vehicles up to 25m in Length published in the South Australian Government Gazette, dated 16 June 2011; or

(c)      Operation of Road Train Vehicles in South Australia published in the South Australian Government Gazette, dated 18 August 2011.

Note—

The primary notices in section 7(3) above were previously published in the South Australia Government Gazette and are currently available on the National Heavy Vehicle Regulator website.

 

8                      Exemption

(1)        A vehicle that is referred to in section 7 (2) and is operating under this notice is exempt from the concessional mass limits stated in the following provisions of section 2 of Schedule 2 of the National Regulation—

(a)      Subsections (3)(a) and (3)(b); and

(b)      Subsection (4) in conjunction with the table in subsection (8) as it applies to—

(i)            tandem axle groups fitted with dual tyres on all axles, and

(ii)          triaxle groups fitted with dual tyres on all axles.

(2)          A vehicle that is referred to in section 7 (3) and is operating under this notice is exempt from the following provisions —

(a)      Conditions 4.1.4.1 and 4.1.4.3 of the South Australia Notice Higher Mass Limits for Vehicles Fitted with Road Friendly Suspension.

(b)      Clauses 29.1 and 29.2 of the South Australia Document titled Code of Practice for B-Doubles.

(c)      Clauses 36.1 and 36.2 of the South Australia Document titled Code of Practice for Road Trains.

Note

The Code of Practices referred to above were previously published in the South Australia Government Gazette and are currently available on the National Heavy Vehicle Regulator website.

 

 

 

9                      Areas and Routes

(1)          This notice applies to the route network specified in the relevant primary notice under which a heavy vehicle is operating.

Note—

Commodity Routes are not approved for Higher Mass Limits operation.

Operations at concessional mass limits are allowed only on the network approved for a given vehicle under this notice.

 

10                   Conditions

(1)          A heavy vehicle operating under this notice must comply with the concessional mass limits in the National Regulation or the conditions of the primary notice under which it is also operating except where specifically exempted by this notice.

(2)          A heavy vehicle operating under this notice must be transporting grain directly from the farm gate to a grain receiver.

(3)          A heavy vehicle operating under this notice must be operating under mass management accreditation.

(4)          Subject to subsection (5), a heavy vehicle operating under this notice must be operated in accordance with the conditions for operation at concessional mass limits as imposed by the National Regulation or higher mass limits as imposed by the primary notice and only where these limits are permitted on the approved route network.

(5)          The loaded mass of a heavy vehicle operating under this notice must be less than 105% of normal mass limit.

(6)          The mass allowed under subsection (5) is only applicable to the first and second load carried by a heavy vehicle from a given paddock on a given day.

(7)          If the first load carried on a heavy vehicle from a given paddock on a given day under this notice is more than 100% of normal mass limit, the mass of the second load carried by the same heavy vehicle from the same paddock on the same day must be less than the first load.

 

 

Dated 15 September 2015

 

 

 

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator

Overview

The South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2015 (No. 1) was enacted to address the need for specific exemptions for heavy vehicles transporting grain directly from a farm to a grain receiver. This notice, issued by the National Heavy Vehicle Regulator under section 117 of the Heavy Vehicle National Law, provides relief from certain provisions of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation and primary notices for vehicles operating under mass management accreditation, concessional mass limits, or higher mass limits. It aims to facilitate efficient grain transport by granting exemptions from certain restrictions while ensuring that the vehicles remain within safe operating limits. The notice commenced on 18 September 2015 and is set to expire on 17 September 2020, providing a temporary solution to address the identified gap in the regulatory framework for grain transport in South Australia.

Scope and Application

The South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2015 provides specific exemptions to heavy vehicles that are transporting grain directly from a farm to a grain receiver. This notice applies in South Australia to heavy vehicles operating under concessional mass limits under the National Regulation, or under specified South Australian notices that allow higher mass limits, such as those for vehicles fitted with road-friendly suspension, B-double vehicles up to 25 meters in length, and road train vehicles. The notice exempts these vehicles from certain mass limits when they are operating within the approved route network specified in the primary notices. It is important to note that the exemptions are limited to the first and second loads transported from a given paddock on a given day, with the second load not exceeding the mass of the first load if the first load is over 100% of the normal mass limit. The notice requires the vehicles to be operating under mass management accreditation and must adhere to the conditions for operation at concessional or higher mass limits as stipulated by the National Regulation or the primary notice, respectively. This notice is a specific application of broader national heavy vehicle laws and regulations, which are supplemented by state-specific provisions to accommodate particular operational needs within South Australia.

Key Provisions

The South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2015 (No. 1) (the Notice) provides exemptions for heavy vehicles operating under mass management accreditation, at concessional mass limits under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, or at higher mass limits when transporting grain directly from a farm to a grain receiver. The Notice applies to heavy vehicles operating in South Australia and specifically to those operating under concessional mass limits set out in Schedule 2 of the National Regulation, or under specific South Australian notices such as Higher Mass Limits for Vehicles Fitted with Road Friendly Suspension, Operation of B-Double Vehicles up to 25m in Length, and Operation of Road Train Vehicles in South Australia (sections 7 and 8). The Notice imposes several obligations on the parties it governs. It mandates that heavy vehicles operating under this notice must comply with concessional mass limits in the National Regulation or the conditions of the primary notice under which they are also operating, unless specifically exempted by the Notice (section 10(1)). Additionally, the vehicles must be transporting grain directly from the farm gate to a grain receiver and must be operating under mass management accreditation (section 10(2) and (3)). The Notice also requires the vehicles to be operated in accordance with the conditions for operation at concessional mass limits as imposed by the National Regulation or higher mass limits as imposed by the primary notice, provided these limits are permitted on the approved route network (section 10(4)). The Notice further stipulates that the loaded mass of a heavy vehicle must be less than 105% of the normal mass limit, applicable to the first and second load carried by a heavy vehicle from a given paddock on a given day (section 10(5) and (6)). If the first load exceeds 100% of the normal mass limit, the second load must be less than the first load (section 10(7)). The Notice does not explicitly list offences, penalties, or consequences for breach within its text. However, breaches of the Heavy Vehicle National Law, under which this Notice is made, can result in civil or criminal penalties. These penalties can include fines and imprisonment, with the exact penalties dependent on the specific breach and jurisdiction. The maximum penalties are not detailed in the Notice but are defined in the relevant legislation governing the Heavy Vehicle National Law. It is important for operators to adhere to the conditions and exemptions provided to avoid potential penalties and ensure compliance with the law.

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Commercial Law
Environmental Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Commencement Provisions
Licensing & Registration
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Mass Management Accreditation

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