Tasmania Class 1 Heavy Vehicle Unladen 2.7 Metre Low Loader Semitrailer Dimension Exemption (Notice) 2015 (No.1)

Overview

The Tasmania Class 1 Heavy Vehicle Unladen 2.7 Metre Low Loader Semitrailer Dimension Exemption (Notice) 2015 (No. 1) was enacted to address a specific issue concerning the width limitations of certain class 1 heavy vehicles in Tasmania. This notice was issued under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction, with the objective of providing a temporary exemption from the prescribed dimension requirement for unladen 2.7 metre low loaders, allowing them to operate at a maximum width of 2.7 metres instead of the standard 2.5 metres. This exemption is aimed at facilitating the movement of these vehicles within Tasmania, provided they adhere to the specified conditions and routes outlined in the notice. The notice was issued by Salvatore Petroccitto, delegate of the National Heavy Vehicle Regulator, and it commenced on 6 February 2015, expiring on 5 February 2020.

Scope and Application

The Tasmania Class 1 Heavy Vehicle Unladen 2.7 Metre Low Loader Dimension Exemption (Notice) 2015 (No. 1) provides an exemption from specific dimension requirements for certain heavy vehicles operating within Tasmania. Specifically, this notice exempts class 1 heavy vehicles that are unladen 2.7 metre low loaders from the prescribed dimension requirement in section 7(1) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation 2013. This exemption applies to vehicles that do not exceed 2.7 metres in width and are constructed in such a way that they cannot be reduced to comply with the prescribed dimension requirement. The notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction and applies solely in Tasmania. It exempts vehicles that consist of a prime mover and an unladen 2.7 metre low loader, provided that certain combinations of pilot vehicles, dollies, or jinkers are considered as not constituting a load when determining if the low loader semitrailer is unladen. This exemption allows such vehicles to operate up to a maximum width of 2.7 metres, which is a departure from the usual 2.5-metre limit. The exemption is in effect from 6 February 2015 until 5 February 2020, as per the notice.

Key Provisions

This notice, under section 117 of the Heavy Vehicle National Law (HVNL), allows for the exemption of certain class 1 heavy vehicles from the prescribed dimension requirement in the National Regulation. Specifically, it pertains to unladen 2.7 metre low loaders in Tasmania (section 11). The notice, titled the Tasmania Class 1 Heavy Vehicle Unladen 2.7 Metre Low Loader Dimension Exemption (Notice) 2015, came into effect on 6 February 2015 and will expire on 5 February 2020 (sections 3 and 5). The notice applies only to Tasmania and exempts class 1 heavy vehicles consisting of a prime mover and an unladen 2.7 metre low loader from the 2.5 metre width restriction (sections 8 and 11). For the purposes of this exemption, a 2.7 metre low loader is defined as a low loader semitrailer that does not exceed 2.7m in width, is fitted with 8 tyres on each axle, and cannot be reduced to comply with the prescribed dimension requirement relating to width (section 7). Additionally, when operating under this notice, certain combinations of pilot vehicles, dollies, or jinkers do not count as a load when determining if the low loader semitrailer is unladen (section 10). These vehicles can include one pilot vehicle, one dolly, one jinker, or any combination of these, provided the total does not exceed the specified combinations. Vehicles that qualify under this notice are permitted to operate up to a maximum width of 2.7 metres, which is an exemption from the 2.5 metre width limit outlined in section 7(1) of Schedule 6 of the National Regulation (section 12). Furthermore, these vehicles are allowed to use the specific routes outlined in the “Tasmanian Unladen Low Loader Semitrailer Route Network” as defined on the Tasmanian Government’s Transport website (section 13). However, it is important to note that this exemption does not relieve any other obligations or requirements imposed by traffic signs or other regulations. Regarding the consequences of breaching the provisions of this notice, the notice itself does not explicitly detail offences, penalties, or consequences. However, any breach of the conditions set out in the notice or the National Regulation could potentially lead to enforcement actions by the relevant authorities. This might include fines, penalties, or other legal consequences depending on the specific breach and the applicable laws. The exact penalties would be determined in accordance with the HVNL and any relevant state or territory laws.