Tasmania Class 3 Heavy Vehicle, Bus Mass Exemption Notice 2019 (No.1)

Overview

The Tasmania Class 3 Heavy Vehicle Bus Mass Exemption Notice 2019 was enacted to address the specific needs of certain class 3 buses in Tasmania, providing an exemption from the mass limits set out in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. The Notice was introduced under the auspices of the Heavy Vehicle National Law, reflecting a coordinated effort across participating jurisdictions to manage heavy vehicle regulations. The primary objective is to ensure that eligible buses, which include those with specific axle configurations, can operate within Tasmania without being constrained by the otherwise applicable mass limits, while still adhering to specified conditions such as maximum permissible mass. This legislative measure aims to balance the need for road safety and infrastructure preservation with the operational requirements of certain bus types.

Scope and Application

The Tasmania Class 3 Heavy Vehicle Bus Mass Exemption Notice 2019 (No. 1) applies specifically to the state of Tasmania and aims to exempt certain buses from the mass limits specified in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This Notice applies to buses that meet the specific criteria outlined, including two-axle buses, buses with a rear tandem rear axle group fitted with specific tyre configurations, and buses with a rear tandem axle group fitted with dual tyres on both axles. The Notice, which commenced on 10 February 2019 and will expire on 9 February 2024, exempts these eligible buses from the mass limits, provided that the total mass of the bus does not exceed the mass limits as specified in Table 1 of the Regulation. These buses can operate on all roads within Tasmania. The Notice is made under section 117 of the Heavy Vehicle National Law, as in force in each participating jurisdiction.

Key Provisions

The Tasmania Class 3 Heavy Vehicle, Bus Mass Exemption Notice 2019 (No. 1) primarily provides an exemption from the mass limits specified in section 2(1)(a) of Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation for certain class 3 buses in Tasmania (sections 6-9). This exemption applies to two-axle buses and buses with specific rear tandem axle configurations that meet the criteria outlined in section 8 of the Notice. Furthermore, the exemption is conditional upon the mass of the eligible buses not exceeding the sum of the mass limits specified in Table 1 (Axle mass limits table) of Part 2 of Schedule 1 of the Regulation (section 10). Eligible buses are permitted to use all roads in Tasmania (section 11). The Notice imposes specific obligations on the parties it governs, namely the operators of the eligible buses. These operators must ensure that their buses comply with the specified mass limits and axle configurations, as outlined in sections 8 and 10 of the Notice. Additionally, operators must adhere to the condition that the buses must not exceed the specified mass limits when in operation in Tasmania. Failure to comply with the requirements of the Notice may result in civil or criminal consequences. Under the Heavy Vehicle National Law, breaches of the law or regulations can lead to penalties, including fines and potential prosecution. The maximum penalties for breaches of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation are not specified in the Notice but would typically include fines up to the maximum penalty prescribed under the respective state or territory legislation. Operators found in breach of the Notice may also face additional administrative penalties, such as vehicle impoundment or suspension of operation licenses. It is essential for operators to ensure compliance with the Notice to avoid any potential legal or financial repercussions.