Tasmania Class 3 Heavy Vehicles Transporting High-Cube Freight Containers Dimension Exemption Notice 2023 (No.1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2023G00645 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

Tasmania Class 3 Heavy Vehicles Transporting High-Cube Freight Containers Dimension Exemption Notice 2023 (No.1)

 

  1. Purpose

 

1)      This Notice grants exemptions from mass and dimension requirements for a class 3 heavy combination that is transporting certain freight container.

 

2)      This Notice revokes and replaces the Tasmania Class 3 Heavy Vehicles Transporting High-Cube Freight Containers 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 Heavy Vehicles Transporting High-Cube Freight Containers Dimension Exemption Notice 2023 (No.1).

 

4.       Commencement date

 

This Notice commences on 14 June 2023.

 

5.       Expiry date

 

This Notice expires on 13 June 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)      Definitions from the National Class 2 B-Double Authorisation Notice apply under this notice.

 

3)      In this Notice:

High cube freight container means a freight container constructed to a height of between 2.89m and 3.45m.

7.       Application

 

1)      This exemption notice applies to a Class 3 heavy vehicle that meets all the requirements in this section.

 

2)      This exemption notice applies to a heavy vehicle that is:

 

a)      a rigid truck; or

b)      a prime mover towing a semi-trailer; or

c)       a B-Double.

 

3)      This Notice only applies to a vehicle specified in 1) if that vehicle is transporting a high cube freight container.

 

4)      This Notice applies in Tasmania.

 

5)      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 8 – Height

 

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

 

3)      In relation to a particular vehicle or component, if this notice provides for more than one dimension limit to apply in the same circumstances, the more restrictive dimension limit applies.

 

9.       Condition – Dimension limit (height)

 

An eligible vehicle must not exceed 4.5m in height.

Note: this is the height of the vehicle, including a high cube freight container.

10.   Condition – stated areas or routes

 

1)      An eligible vehicle complying with the conditions of this notice is authorised to operate on the areas and routes specified in this section.

 

2)      An eligible vehicle that is a rigid truck or a combination consisting of a prime mover towing a semitrailer may operate on all roads in Tasmania.

 

3)      An eligible vehicle that is a B-double may operate on any routes that it would otherwise be authorized to use under the Tasmanian schedule of the National Class 2 B-Double Authorisation Notice.

 

4)      Regardless of the access granted under 2) and 3) an eligible vehicle must not exceed the height clearances specified in the Height Clearance Under Overhead Structures Map.

Note: The Height Clearance Under Overhead Structures Map is maintained by the Tasmanian Department of State Growth and is published on its website.

5)      Regardless of any other condition or requirement under this notice, an eligible vehicle traveling on the Tasman Bridge must not exceed 4.3m in height.

 

6)      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.

 

7)      An eligible vehicle operating on an area or route specified in this section must comply with the following conditions as specified for routes and areas set out on that map:

 

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.

 

David Hourigan

Chief Regulatory and Policy Standards Officer

National Heavy Vehicle Regulator

 

Overview

The Tasmania Class 3 Heavy Vehicles Transporting High-Cube Freight Containers Dimension Exemption Notice 2023 (No.1) was enacted to provide exemptions from mass and dimension requirements for certain class 3 heavy vehicles transporting high-cube freight containers in Tasmania. This legislation was introduced to address the need for more flexible regulations that accommodate the unique logistical requirements of high-cube freight container transportation while ensuring road safety and structural integrity are maintained. Authorised by the Heavy Vehicle National Law (HVNL) under sections 117 and 23 of Schedule 1, this Notice revokes and replaces the 2019 exemption notice, aligning with current operational needs and policy objectives. The primary objective is to facilitate efficient transportation of high-cube freight containers within specified conditions and limitations, thereby supporting economic activities while mitigating potential risks associated with oversized vehicles. This Notice, which commences on 14 June 2023 and expires on 13 June 2028, applies to class 3 heavy vehicles, including rigid trucks, prime movers towing semi-trailers, and B-doubles, when transporting high-cube freight containers. It exempts these vehicles from certain dimension requirements as long as they comply with the conditions set out, such as height restrictions and specified operational routes. The Notice also incorporates definitions from the National Class 2 B-Double Authorisation Notice and mandates adherence to road and travel conditions as stipulated in the HVNL. This legislative instrument aims to balance the logistical needs of freight transportation with safety and infrastructure considerations.

Scope and Application

The Tasmania Class 3 Heavy Vehicles Transporting High-Cube Freight Containers Dimension Exemption Notice 2023 (No.1) provides exemptions from certain mass and dimension requirements for Class 3 heavy vehicles in Tasmania that are transporting high-cube freight containers. These vehicles include rigid trucks, prime movers towing semi-trailers, and B-doubles, provided they are transporting a high-cube freight container, which is defined as a container with a height between 2.89m and 3.45m. The Notice is applicable exclusively within Tasmania and exempts eligible vehicles from specific dimension requirements under the Heavy Vehicle (Mass Dimension and Loading) National Regulation, subject to certain conditional limits. For example, the height of the vehicle, including the high-cube container, must not exceed 4.5m, though vehicles on the Tasman Bridge must not exceed 4.3m. The Notice also specifies the permissible routes and conditions for operation, including adherence to road, travel, and vehicle conditions as outlined in the Heavy Vehicle National Law. The Notice operates under the authority of the Heavy Vehicle National Law and replaces the 2019 exemption notice, with an effective period from 14 June 2023 until 13 June 2028.

Key Provisions

The Tasmania Class 3 Heavy Vehicles Transporting High-Cube Freight Containers Dimension Exemption Notice 2023 (No.1) (the "Notice") provides exemptions from mass and dimension requirements for Class 3 heavy vehicles transporting high cube freight containers in Tasmania. The Notice applies to rigid trucks, prime movers towing semi-trailers, and B-doubles carrying such containers (section 8). The exemptions are subject to certain conditions and limitations, including a maximum height limit of 4.5m (section 9). Eligible vehicles can operate on all roads in Tasmania, subject to height clearances under overhead structures and a specific height limit of 4.3m when crossing the Tasman Bridge (section 10). The Notice imposes several obligations on the parties it governs. First, eligible vehicles must comply with the conditions specified in the Notice, including the height limit and clearance requirements (section 10). Second, eligible vehicles must adhere to road, travel, and vehicle conditions as set out in the Heavy Vehicle National Law (section 10(7)). Third, eligible vehicles must comply with the requirements of the Height Clearance Under Overhead Structures Map published by the Tasmanian Department of State Growth (section 10(4)). Breach of any conditions or requirements under the Notice may result in civil and/or criminal consequences. The Notice does not specify the exact penalties for non-compliance, but it is likely that penalties would be prescribed under the Heavy Vehicle National Law or other relevant legislation. It is important for parties governed by the Notice to comply with its conditions to avoid any potential legal consequences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.