HEAVY VEHICLE NATIONAL LAW
Tasmania Class 3 Fertiliser Spreader Vehicle Dimension Exemption Notice 2025 (No.1)
- Purpose
- This notice grants dimension exemption for class 3 heavy vehicles that are fertiliser spreader vehicles fitted with wide tyres and mudguards.
- This notice revokes and replaces the Tasmania Class 3 Fertiliser Spreader Vehicle Dimension Exemption Notice 2023 (No.1).
- Authorising provision
- This notice is made under the following provisions 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 exemption notice may be cited as the Tasmania Class 3 Fertiliser Spreader Vehicle Dimension Exemption Notice 2025 (No.1).
- Commencement date
This notice commences on 9 June 2025.
- Expiry date
This notice expires on 26 October 2028.
- 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:
fertiliser spreader vehicle means a rigid truck or trailer that has been designed, or modified after it was manufactured, for the purpose of carrying and distributing fertiliser for agricultural purposes.
- Application
- This exemption notice applies to class 3 heavy vehicles that are fertiliser spreader vehicles fitted with wide tyres and mudguards which are operating in Tasmania.
- A heavy vehicle to which this section applies and that complies with the conditions of this notice is an eligible vehicle.
- Exemption – Prescribed dimension requirements
- An eligible vehicle is exempt from the following dimension requirements under Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation):
- section 7 – Width
- An exemption in 1) only applies to the extent that specific conditional dimension limits are provided in section 9.
- Condition – Dimension limits
- An eligible vehicle must not exceed 2.9m in width after the fitment of mudguards.
- Any width in excess of 2.5m must only be caused by the fitting of wide tyres and mudguards.
Note: The purpose of this condition is to limit any width exceeding prescribed dimension requirements must wholly be the results of the fitting of wide tyres and mudguards.
- For this section, the width of a heavy vehicle must be measured in the same manner as in section 8 of the Heavy Vehicle (Vehicle Standards) National Regulation.
- Condition – Stated areas or routes
- An eligible vehicle complying with the conditions of this notice is authorised to operate on all roads in Tasmania.
- Where all roads access is provided under a stated areas or routes provision access is limited by any relevant conditions set out in this notice.
- For the purposes of section 119(1)(a) of the HVNL, an area or route specified in this section is a stated area or route to which this notice applies.
- An eligible vehicle operating on an area or route specified in this section must comply with the following conditions specified for that area or route:
- Road conditions pursuant to section 160 of the HVNL; and
- Travel conditions pursuant to section 161 of the HVNL; and
- Vehicle conditions pursuant to section 162 of the HVNL.
- Condition – Wide tyres
An eligible vehicle must be fitted with tyres having a tyre section width of not less than 375mm on at least one axle.
- Conditions - Application of Schedule 8 of the MDL Regulation
- An eligible vehicle operating under this Notice must comply with the following conditions from Schedule 8 of the MDL Regulation as though a reference to a Class 1 vehicle were a reference to the eligible vehicle:
- Part 1 Division 1 – General Conditions:
- Section 2(1) – warning signs and flags
- Section 5 – Side and rear markers and warning lights
- Section 6 – Headlights;
- Section 8 – No travelling in low visibility;
- Section 9 – Minimum following distance;
- Section 10 – Allowing overtaking; and
- Section 11 – Assessing routes.
- Part 3 Division 2 Subdivision 3 relating to warning signs.
Jose Arredondo
Manager Network Access Policy
National Heavy Vehicle Regulator
Overview
The Tasmania Class 3 Fertiliser Spreader Vehicle Dimension Exemption Notice 2025 (No.1) was enacted to provide specific dimension exemptions for class 3 heavy vehicles used as fertiliser spreaders in Tasmania. This legislative instrument was introduced to address the need for these vehicles to operate efficiently while adhering to safety and regulatory standards, particularly given their unique design features such as wide tyres and mudguards. This notice is issued under the authority of the Heavy Vehicle National Law (HVNL) and specifically utilises sections 117 and 23 of Schedule 1 to grant these exemptions. The policy objective is to facilitate the operation of fertiliser spreader vehicles within Tasmania by relaxing certain dimension restrictions, ensuring that these vehicles can perform their agricultural functions effectively without compromising road safety or compliance with other regulatory standards. The notice revokes and replaces the previous Tasmania Class 3 Fertiliser Spreader Vehicle Dimension Exemption Notice 2023 (No.1), effective from 9 June 2025 until 26 October 2028.
Scope and Application
The Tasmania Class 3 Fertiliser Spreader Vehicle Dimension Exemption Notice 2025 (No.1) applies to class 3 heavy vehicles that are fertiliser spreader vehicles fitted with wide tyres and mudguards and are operating within Tasmania. These vehicles, referred to as eligible vehicles, are granted specific exemptions from certain dimension requirements under Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, subject to the conditions outlined in the notice. The notice exempts these vehicles from the width requirement, provided they do not exceed 2.9 metres in width after the fitment of mudguards, with any width over 2.5 metres solely attributable to the fitting of wide tyres and mudguards. Eligible vehicles are permitted to operate on all roads in Tasmania, but must adhere to road, travel, and vehicle conditions as specified under sections 160, 161, and 162 of the Heavy Vehicle National Law. Additionally, these vehicles must comply with specific conditions from Schedule 8 of the MDL Regulation, including requirements for warning signs, flags, side and rear markers, warning lights, headlights, visibility, following distance, overtaking, and route assessment. This notice revokes and replaces the Tasmania Class 3 Fertiliser Spreader Vehicle Dimension Exemption Notice 2023 (No.1) and is made under the Heavy Vehicle National Law, specifically sections 117 and 23 of Schedule 1.
Key Provisions
The Tasmania Class 3 Fertiliser Spreader Vehicle Dimension Exemption Notice 2025 (No.1) is an exemption notice issued under the Heavy Vehicle National Law (HVNL), specifically sections 117 and 23 of Schedule 1. This notice provides an exemption from certain dimension requirements for class 3 heavy vehicles that are fertiliser spreader vehicles fitted with wide tyres and mudguards, which are operating in Tasmania. The notice revokes and replaces the Tasmania Class 3 Fertiliser Spreader Vehicle Dimension Exemption Notice 2023 (No.1). The exemption notice commences on 9 June 2025 and expires on 26 October 2028.
The key provisions of this notice require eligible vehicles to comply with certain conditions in order to benefit from the dimension exemption. Specifically, an eligible vehicle must not exceed 2.9m in width after the fitment of mudguards, with any width exceeding 2.5m being solely due to the fitting of wide tyres and mudguards. Eligible vehicles must also be fitted with tyres having a tyre section width of not less than 375mm on at least one axle. Furthermore, these vehicles must comply with conditions from Schedule 8 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, such as warning signs and flags, side and rear markers and warning lights, headlights, no travelling in low visibility, minimum following distance, allowing overtaking, and assessing routes.
Entities governed by this notice must ensure that any eligible vehicles meet the specified conditions and requirements. These conditions include adhering to dimension limits, fitting appropriate tyres, and complying with the various conditions from Schedule 8 of the MDL Regulation. Additionally, eligible vehicles must comply with road, travel, and vehicle conditions when operating on specified areas or routes in Tasmania.
Failure to comply with the conditions set out in this notice may result in legal consequences. Breaches of the HVNL may lead to both civil and criminal penalties, depending on the severity of the offence. The notice itself does not specify maximum penalties, but penalties for breaches of the HVNL can include fines and/or imprisonment. The specific penalties will depend on the nature and extent of the breach, as well as any relevant case law and statutory provisions.