Tasmania Class 3 Heavy Vehicle Fertiliser Spreader Vehicle Dimension Exemption Notice 2023 (No.1)

HEAVY VEHICLE NATIONAL LAW

Tasmania Class 3 Fertiliser Spreader Vehicle Dimension Exemption Notice 2023 (No.1)

1. Purpose

1)      This notice grants dimension exemption for class 3 heavy vehicles that are fertiliser spreader vehicles fitted with wide tyres and mudguards.

2)      This notice revokes the Tasmania Class 3 Heavy Vehicle Fertiliser Spreader Vehicle Dimension Exemption Notice 2019 (No.1).

2.       Authorising provision

1)      This notice is made under the following provision of the Heavy Vehicle National Law (HVNL):

a)      section 117 – Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement.

b)      section 23 of Schedule 1 – Regulator’s power to amend or repeal instrument.

3.       Title

This exemption notice may be cited as the Tasmania Class 3 Fertiliser Spreader Vehicle Dimension Exemption Notice 2023 (No.1)

4.       Commencement date

This notice commences on 27 October 2023.

5.       Expiry date

This notice expires on 26 October 2028.

6.       Definitions

1)      Unless otherwise stated, words and expressions used in this notice have the same meanings as those in the HVNL and its regulations.

2)      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.

7.       Application

1)      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.

2)      A heavy vehicle to which this section applies and that complies with the conditions of this notice is an eligible vehicle.

8.       Exemption – Prescribed dimension requirements

1)      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):

a)      section 7 – Width

2)      An exemption in 1) only applies to the extent that specific conditional dimension limits are provided in section 9.

9.       Condition – Dimension limits

1)      An eligible vehicle must not exceed 2.9m in width after the fitment of mudguards.

2)      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.

3)      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.

10.   Condition – stated areas or routes

1)      An eligible vehicle complying with the conditions of this notice is authorised to operate on all roads in Tasmania.             

2)      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.

3)      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.

4)      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:

a)      Road conditions pursuant to section 160 of the HVNL; and

b)      Travel conditions pursuant to section 161 of the HVNL; and

c)       Vehicle conditions pursuant to section 162 of the HVNL.

11.   Condition – Bridgewater Bridge Travel Restriction

An eligible vehicle which is wider than 2.5m must not travel on the Bridgewater Bridge.             

12.   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.

13.   Conditions - Application of Schedule 8 of the MDL Regulation 

1)      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: 

a)      Part 1 Division 1 – General Conditions:

1. Section 2(1) – warning signs and flags
2. Section 5 – Side and rear markers and warning lights
3. Section 6 – Headlights;
4. Section 8 – No travelling in low visibility;
5. Section 9 – Minimum following distance;
6. Section 10 – Allowing overtaking; and
7. Section 11 – Assessing routes.

b)      Part 3 Division 2 Subdivision 3 relating to warning signs.

Peter Austin

Director, Policy Implementation

National Heavy Vehicle Regulator