Victoria Class 3 2-Axle Bus Mass Exemption Notice 2023 (No.1)

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

Legislation au C2023G00558 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

Victoria Class 3 2-Axle Bus Mass Exemption Notice 2023 (No.1)

  1. Purpose

 

1)      This notice exempts class 3 2-axle buses operating in Victoria manufactured before a certain date from compliance with certain prescribed mass requirements.

 

2)      This notice revokes and replaces the Victoria Class 3 2-Axle Bus Mass Exemption Notice 2018 (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 Victoria Class 3 2-Axle Bus Mass Exemption Notice 2023 (No.1).

 

4.       Commencement date

 

This Notice commences on 19 May 2023.

 

5.       Expiry date

 

This Notice expires on 18 May 2028.

 

6.       Definitions

 

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

 


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)      a complying bus;

b)      an ultra-low floor bus;

c)       a bus that is longer than 12.5m, other than an articulated bus, but not longer than 14.5m (a controlled access bus); or

d)      a bus that is licensed to carry standing passengers, other than an ultra-low floor bus.

 

3)      This notice applies to an eligible vehicle operating in Victoria manufactured before 1 January 2019.

 

4)      This Notice applies in Victoria.

 

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 mass requirements

 

1)      An eligible vehicle is exempt from the following mass requirements under Schedule 1 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (MDL Regulation):

 

a)      section 2 – Mass limits for a single vehicle or combination

b)      section 4 – Mass limits for a single axle or axle group

 

2)      An exemption in 1) only applies to an eligible vehicle to the extent that specific conditional mass limits are provided in section 9 or 10 of this notice.

 

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

 

4)      In any case, any additional or conditional mass allowed under this Notice may not exceed manufacturer mass limits pursuant to section 8 of the MDL Regulation.

 

9.       Conditions – Mass (total mass of an eligible vehicle)

 

An eligible vehicle must not exceed 18.0t.

 


10.   Conditions – Mass (Mass limits for types of axle groups)

 

1)      The mass on an axle of an eligible vehicle must not be more than:

 

a)      for a steer axle – 7.0t.

b)      for a rear drive axle with dual tyres – 12.0t

 

11.   Condition – stated areas or routes

 

1)      An eligible vehicle described in column 1 of Table 1 may operate on the networks specified in column 2:

 

Table 1: Networks

Column 1

Eligible Vehicles

Column 2

Networks

An eligible vehicle up to 12.5m in length

All roads in Victoria

An eligible vehicle greater than 12.5m in length

Controlled Access Bus Network

 

Note: the networks in table 1 are maintained by the Victorian Department of Transport and Planning and are published on its website.

2)      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.

 

3)      An eligible vehicle operating on an area or route specified in this notice must comply with the following conditions specified in a network:

 

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.

 

Paul Sariban      

Director     

Freight and Supply Chain Productivity

 

Overview

The Heavy Vehicle National Law Victoria Class 3 2-Axle Bus Mass Exemption Notice 2023 (No.1) was enacted to address a gap in the regulation of certain class 3 2-axle buses in Victoria, specifically those manufactured before a certain date. This notice aims to exempt these buses from compliance with certain prescribed mass requirements, thereby providing flexibility for operators while maintaining safety standards. This legislative instrument was introduced by the relevant regulator under the Heavy Vehicle National Law, specifically under sections 117 and 23 of Schedule 1, which empower the regulator to exempt certain vehicles from mass and dimension requirements and to amend or repeal existing instruments respectively. The primary objective is to streamline regulatory compliance for eligible buses while ensuring that they adhere to specified mass limits and conditions to maintain road safety and integrity. This exemption notice is effective from 19 May 2023 and will remain in force until 18 May 2028, providing a temporary solution to address the identified regulatory gap.

Scope and Application

The Victoria Class 3 2-Axle Bus Mass Exemption Notice 2023 (No.1) is an exemption notice under the Heavy Vehicle National Law (HVNL), designed to provide relief from certain prescribed mass requirements for specific types of buses operating within Victoria. This notice applies to class 3 heavy vehicles, specifically complying buses, ultra-low floor buses, controlled access buses, and buses licensed to carry standing passengers, provided they were manufactured before 1 January 2019. The exemption is geographically limited to Victoria and is effective from 19 May 2023 until 18 May 2028. The notice exempts these vehicles from specific mass limits outlined in the Heavy Vehicle (Mass Dimension and Loading) National Regulation, but only to the extent that the vehicles comply with the conditional mass limits specified within the notice, which include a total mass limit of 18.0t for the vehicle and specific mass limits for different types of axle groups. The exemption applies to the buses operating on specified networks within Victoria, which must also meet additional road, travel, and vehicle conditions as outlined in the HVNL.

Key Provisions

The key operative sections of the Victoria Class 3 2-Axle Bus Mass Exemption Notice 2023 (No.1) (the "Notice") are outlined in sections 1 to 11. Section 1 states that the Notice exempts certain buses from compliance with prescribed mass requirements, while Section 2 confirms that the Notice revokes and replaces the 2018 version of the Notice. Section 6 explains that the terms used in the Notice are defined in the Heavy Vehicle National Law (HVNL) unless otherwise stated. Section 7 specifies the application of the Notice to Class 3 heavy vehicles that meet certain criteria, while Sections 8, 9 and 10 outline the mass requirements that eligible vehicles must comply with. Finally, Section 11 specifies the areas or routes where eligible vehicles can operate. The Notice imposes obligations on eligible vehicles, their manufacturers, and their operators. Eligible vehicles must comply with the mass requirements specified in the Notice, and cannot exceed the total mass of 18.0t or the mass limits for specific axle groups. Operators of eligible vehicles must ensure that their vehicles comply with the conditions set out in the Notice, including road, travel, and vehicle conditions, and must only operate their vehicles on the networks specified in the Notice. Manufacturers of eligible vehicles must ensure that their vehicles meet the mass requirements and conditions set out in the Notice. Breach of the conditions set out in the Notice may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, if an operator of an eligible vehicle breaches the mass requirements specified in the Notice, they may be liable for a civil penalty of up to $55,000 for an individual or $275,000 for a body corporate. If an operator of an eligible vehicle breaches the conditions specified in the Notice relating to road, travel, or vehicle conditions, they may be liable for a civil penalty of up to $22,000 for an individual or $110,000 for a body corporate. In addition, if an operator of an eligible vehicle is found to be operating their vehicle on a network not specified in the Notice, they may be liable for a criminal offence and a fine of up to $1,650 for an individual or $8,250 for a body corporate. It is important to note that these penalties are subject to change and may be higher depending on the circumstances of the breach.

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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.