Tasmania Class 1 Heavy Vehicle Unladen Low Loader Dimension Exemption Notice 2021 (No. 1)

Overview

The Tasmania Class 1 Heavy Vehicle Unladen Low Loader Dimension Exemption Notice 2021 (No. 1) was enacted to address specific dimensional requirements for unladen low loaders in Tasmania, exempting these vehicles from certain prescribed dimension limits stipulated in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation). This notice was authorised under section 117 of the Heavy Vehicle National Law, as in force in each participating jurisdiction, and it aims to streamline the regulations governing the operation of unladen low loaders within Tasmania. This legislative measure came into effect on 1 December 2021 and will remain in force until 30 November 2026, providing a temporary exemption to alleviate certain operational constraints faced by heavy vehicle operators in Tasmania. The notice provides exemptions from specified length and width restrictions, allowing unladen 2.7-metre low loaders to operate up to 2.7 metres in width and up to 26 metres in length, provided they adhere to other stipulated conditions. Importantly, it also permits these vehicles to travel at night, subject to the requirement of being accompanied by a pilot vehicle if the vehicle exceeds 22 metres in length. The exemption is applicable to the Tasmanian unladen low loader networks, as detailed by the Tasmanian Department of State Growth, ensuring that the operation of these vehicles complies with safety and infrastructure preservation standards.

Scope and Application

The Tasmania Class 1 Heavy Vehicle Unladen Low Loader Dimension Exemption Notice 2021 (No. 1) applies specifically to class 1 heavy vehicles in Tasmania that are unladen low loaders, exempting them from prescribed dimension requirements under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This Notice replaces the earlier Tasmania Class 1 Heavy Vehicle Unladen Low Loader Dimension Exemption Notice 2016 (No. 1) and applies to combinations of a prime mover and an unladen 2.7-metre low loader or an unladen low loader. The exemption allows for an unladen 2.7-metre low loader to operate up to a maximum width of 2.7 metres, and other vehicles in the combination up to a maximum length of 26 metres, provided they adhere to the Tasmanian Unladen Low Loader networks. Vehicles must be reduced to their minimum dimensions before travel, and while they are exempt from night travel restrictions, any vehicle longer than 22 metres must be accompanied by a pilot vehicle if travelling at night. The Notice commences on 1 December 2021 and expires on 30 November 2026, with no additional application beyond Tasmania.

Key Provisions

The primary sections of the Tasmania Class 1 Heavy Vehicle Unladen Low Loader Dimension Exemption Notice 2021 (No. 1) detail the exemption from certain dimension requirements for class 1 heavy vehicles in Tasmania that are unladen low loaders. Specifically, Section 8 exempts these vehicles from the length requirements of section 3(1) and the width requirements of section 7(1) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. The notice also provides that an unladen 2.7-metre low loader may operate up to a maximum width of 2.7 metres and a vehicle may operate up to a maximum length of 26 metres, as outlined in Section 9 and Section 10 respectively. The notice is applicable only in Tasmania and it applies to class 1 heavy vehicle combinations that include a low loader dolly and an unladen low loader. The obligations imposed by this notice on the parties it governs are primarily related to compliance with the permissible dimensions and operating conditions. Vehicles subject to this notice must be reduced to their minimum dimensions prior to travel, and certain vehicle types, such as pilot vehicles, low loader dollies, and jinkers, do not count as a load when determining if the low loader semitrailer is unladen. Operators must also ensure that it is safe for the vehicle to be driven along the route without damaging the road or infrastructure, in accordance with section 11 of Schedule 8 to the Heavy Vehicle (Mass, Dimension and Location) National Regulations. Breaches of the conditions set out in the notice may lead to civil or criminal consequences. For instance, Section 7 of Schedule 8 to the National Regulation is disapplied, allowing these vehicles to travel at night, but they must be accompanied by a pilot vehicle if they are longer than 22 metres. Failure to comply with these conditions could result in penalties, although the specific penalties are not detailed in the notice. It is important to note that the maximum penalties for breaches of the Heavy Vehicle National Law, which this notice operates under, can include fines of up to $66,000 for individuals and $330,000 for bodies corporate, as well as potential imprisonment terms.