HEAVY VEHICLE NATIONAL LAW
Victoria Class 3 Heavy Vehicle Livestock Carrier (Goats) Mass Exemption (Notice) 2015 (No. 1)
Purpose
- The purpose of this notice is to exempt a stated category of class 3 heavy vehicles from the mass requirements prescribed in Schedules 1 to 5 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation).
Note –
The Heavy Vehicle National Law provides that a heavy vehicle is a class 3 heavy vehicle if it, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it and is not a class 1 heavy vehicle. The National Class 2 Heavy Vehicle 4.6m High Livestock Carrier Authorisation (Notice) 2014 (No. 1) authorises the use of livestock carriers from 4.3 to 4.6 metres in height in the areas or routes, during the hours on the days and subject to the conditions set out in that notice. This instrument is an exemption that declares that certain livestock carriers that are up to 4.6 metres high are exempt from all of the prescribed mass requirements prescribed under the Heavy Vehicle National Law, subject to compliance with the conditions set out in this notice.
Authorising Provision
2. This notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (the HVNL).
Title
3. This notice may be cited as the Victoria Class 3 Heavy Vehicle Livestock Carrier (Goats) Mass Exemption (Notice) 2015 (No. 1).
Commencement
4. This notice commences on 25 May 2015.
Expiry
5. This notice expires on 24 May 2020.
Definitions
6. Unless otherwise stated, words or expressions used in this notice have the same meanings as in the HVNL or regulations made under the HVNL.
7. In this notice—
livestock carrier (goats) means a heavy vehicle that is—
a) a 6 axle articulated vehicle or a 9 axle B-double; and
b) up to 4.6 metres high; and
c) built to carry goats.
Application
8. This notice applies to livestock carriers (goats).
9. This notice applies in Victoria.
Exemption from prescribed mass requirements
10. This notice exempts livestock carriers (goats) from the mass requirements prescribed in schedules 1 to 5 of the National Regulation, provided that they comply at all times with the conditions set out in this notice.
Areas or routes
11. A livestock carrier (goats) operating under this notice may use any route designated as being available under the livestock scheme for the transportation of goats for that category of vehicle on a map published at www.vicroads.vic.gov.au/business-and-industry/heavy-vehicle-industry/heavy-vehicle-map-networks-in-victoria.
Conditions
12. The driver and operator of a livestock carrier (goats) must comply with the conditions set out in Schedule 1 and Schedule 3 of the Victoria Class 3 Heavy Vehicle Livestock Carrier Mass Exemption (Notice) 2014 (No.1) except as varied by this notice.
13. The number of decks used to transport goats must not exceed 3.
14. In addition to the conditions mentioned above, the driver and operator of a livestock carrier (goats) operating on a route in a local council area mentioned in column 1 of Table 1 of Schedule 1 must comply with the conditions set out opposite that local council area in column 2.
Note—
Nothing in this notice exempts the driver or operator of a livestock carrier (goats) from complying with legislation regulating the use of heavy vehicles including but not limited to:
a) compliance with dimension limits in the HVNL;
b) compliance with traffic signs;
c) compliance with vehicle standards in the HVNL; and
d) compliance with lawful directions of authorised officers.
Dated 21 May 2015
Sal Petroccitto
Chief Executive Officer
National Heavy Vehicle Regulator
Schedule 1 - Local Council Access Conditions
Table 1
Column 1 - Local council area | Column 2 - Conditions |
Mornington Peninsula Shire Council | Any person operating under this exemption accept responsibility for any damage arising in connection with the use of a vehicle operating under this notice and indemnifies Mornington Peninsula Shire against any liability arising from the use of the vehicle/s. The shortest route to delivery point from nearest State managed arterial road is to be travelled, to minimise damage to local roads. Note— Mornington Peninsula Shire maintains a vegetation clearance of 3.75m on roads (excluding 'A' class roads); this will need to be considered for vehicles that require a greater clearance. |
Overview
The Victoria Class 3 Heavy Vehicle Livestock Carrier (Goats) Mass Exemption (Notice) 2015 (No. 1) was enacted to provide a legislative framework for exempting certain class 3 heavy vehicles from the mass requirements prescribed in Schedules 1 to 5 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This exemption addresses a specific need within the livestock transportation sector, allowing certain livestock carriers transporting goats to operate under different mass constraints while ensuring compliance with other regulatory requirements. The notice was made under section 117 of the Heavy Vehicle National Law, as in force in each participating jurisdiction, and it commenced on 25 May 2015, expiring on 24 May 2020. The policy objective is to facilitate the efficient transportation of goats in Victoria while mitigating potential damage to local infrastructure by imposing conditions on the routes and usage of these vehicles.
Scope and Application
The Victoria Class 3 Heavy Vehicle Livestock Carrier (Goats) Mass Exemption (Notice) 2015 (No. 1) applies specifically to class 3 heavy vehicles that are livestock carriers designed to transport goats, including 6 axle articulated vehicles or 9 axle B-doubles, with a maximum height of 4.6 metres. This notice exempts such vehicles from the mass requirements prescribed in Schedules 1 to 5 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, provided they comply with the specified conditions and operate within the designated routes for livestock transportation in Victoria. It is effective from 25 May 2015 and will expire on 24 May 2020. Notably, while the notice exempts these vehicles from mass requirements, it does not exempt operators from other regulatory requirements such as dimension limits, traffic signs, vehicle standards, and lawful directions from authorised officers. The exemption also includes specific local council access conditions for certain areas to mitigate potential damage to local roads and infrastructure.
Key Provisions
The main operative sections of this legislation are sections 10, 12, 13 and 14. Section 10 exempts livestock carriers (goats) from the mass requirements prescribed in Schedules 1 to 5 of the National Regulation, provided that they comply at all times with the conditions set out in this notice. Section 12 mandates that the driver and operator of a livestock carrier (goats) must comply with the conditions set out in Schedule 1 and Schedule 3 of the Victoria Class 3 Heavy Vehicle Livestock Carrier Mass Exemption (Notice) 2014 (No. 1) except as varied by this notice. Section 13 states that the number of decks used to transport goats must not exceed 3. Section 14 provides that, in addition to the conditions mentioned above, the driver and operator of a livestock carrier (goats) operating on a route in a local council area mentioned in column 1 of Table 1 of Schedule 1 must comply with the conditions set out opposite that local council area in column 2.
The obligations and requirements this Act imposes on the parties it governs include compliance with the conditions set out in Schedule 1 and Schedule 3 of the Victoria Class 3 Heavy Vehicle Livestock Carrier Mass Exemption (Notice) 2014 (No. 1), except as varied by this notice. The driver and operator of a livestock carrier (goats) must also comply with the conditions set out in Schedule 1 of this notice. These obligations and requirements ensure that livestock carriers (goats) operate safely and responsibly, while also minimising damage to local roads and infrastructure.
Any breach of the conditions set out in this notice may result in civil or criminal consequences. The specific consequences will depend on the nature and severity of the breach. However, it is important to note that nothing in this notice exempts the driver or operator of a livestock carrier (goats) from complying with legislation regulating the use of heavy vehicles, including but not limited to compliance with dimension limits in the HVNL, compliance with traffic signs, compliance with vehicle standards in the HVNL, and compliance with lawful directions of authorised officers. Failure to comply with these requirements may result in fines, penalties, or even imprisonment.
The maximum penalties for breach of the conditions set out in this notice are not specified in the legislation. However, it is important to note that the legislation regulating the use of heavy vehicles, including but not limited to the HVNL, sets out specific penalties for various offences. These penalties may include fines, suspension or cancellation of driver licenses, and even imprisonment. It is therefore important for drivers and operators of livestock carriers (goats) to familiarise themselves with these requirements and ensure that they comply at all times.