Tasmania Class 1 Heavy Vehicle Unladen Low Loader Dimension Exemption Notice 2016 (No. 1)

Overview

The Tasmania Class 1 Heavy Vehicle Unladen Low Loader Dimension Exemption Notice 2016 (No. 1) was enacted to provide a temporary exemption for certain heavy vehicles from prescribed dimension requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This statutory instrument was made under section 117 of the Heavy Vehicle National Law and commenced on 1 December 2016, expiring on 30 November 2021. The primary purpose of this notice is to allow certain class 1 heavy vehicles, specifically unladen low loaders, to operate within Tasmania without adhering to the prescribed dimension requirements in relation to vehicle width and length. This exemption is intended to address operational challenges faced by the industry in Tasmania while ensuring road safety and infrastructure protection are maintained. The notice applies to low loaders that do not exceed 2.7 metres in width and allows them to operate on designated low loader networks published by the Tasmanian Department of State Growth.

Scope and Application

The Tasmania Class 1 Heavy Vehicle Unladen Low Loader Dimension Exemption Notice 2016 (No. 1) is a statutory instrument issued under section 117 of the Heavy Vehicle National Law, designed specifically to exempt certain class 1 heavy vehicles in Tasmania from the prescribed dimension requirements outlined in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This exemption applies exclusively within the jurisdiction of Tasmania and concerns class 1 heavy vehicles that are unladen low loaders, which include semitrailers fitted with eight tyres on each axle and do not exceed 2.7 metres in width as constructed. These vehicles are exempted from the standard dimension requirements for both length and width, allowing them to operate under certain conditions and within specified permissible dimensions. The exemption facilitates the operation of these vehicles on designated Tasmanian unladen low loader networks, provided that they comply with safety and operational standards set by the Tasmanian Department of State Growth. This notice excludes night travel restrictions for such vehicles, permitting them to travel at night provided they adhere to specific conditions, such as being accompanied by a pilot vehicle if the vehicle exceeds 22 metres in length. The exemption is in force from 1 December 2016 and will expire on 30 November 2021, unless further extended or modified by subsequent legislation or statutory instruments. The notice allows for the application of general operating conditions and permissible dimensions, ensuring that these vehicles can operate safely and efficiently within the designated networks while being exempt from certain regulatory constraints.

Key Provisions

The Tasmania Class 1 Heavy Vehicle Unladen Low Loader Dimension Exemption Notice 2016 (No. 1) primarily exempts certain class 1 heavy vehicles from specified dimension requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (National Regulation) (sections 3(1) and 7(1) of Schedule 6). This exemption applies only to unladen low loaders, which are defined in the Notice as low loaders that do not exceed 2.7 metres in width and cannot be reduced to comply with the prescribed width requirement (section 6). The Notice is applicable solely within Tasmania and comes into effect on 1 December 2016, expiring on 30 November 2021 (sections 4 and 5). The exemption allows for unladen low loaders to operate up to a maximum width of 2.7 metres and a maximum length of 26 metres, provided they adhere to the permissible dimensions and conditions set out in the Notice (section 9 and 10). The Notice imposes specific obligations on the parties it governs, including ensuring that the low loaders are unladen of any load as defined, such as pilot vehicles, low loader dollies, or jinkers (section 11(1)). Additionally, the vehicles must be reduced to their minimum dimensions prior to travel. The Notice also stipulates that the vehicles may use the Tasmanian Unladen Low Loader networks, subject to safety requirements as outlined in the Heavy Vehicle (Mass, Dimension and Location) National Regulations (section 10). There are also provisions concerning night travel, where the vehicles may travel at night but must be accompanied by a pilot vehicle if longer than 22 metres (section 12). The Notice does not explicitly outline specific offences or penalties for breaches of its provisions. However, any breaches of the National Regulation, which the Notice is designed to exempt from, could result in civil or criminal consequences as prescribed by the Heavy Vehicle National Law. Penalties for breaches of the National Regulation may include fines and other sanctions as determined by the court, reflecting the severity and nature of the offence. It is important for operators and drivers to be aware of both the exemptions provided by this Notice and the overarching regulatory framework that governs heavy vehicle operations in Tasmania.