HEAVY VEHICLE NATIONAL LAW
Victoria Class 3 Heavy Vehicle Livestock Carrier (Goats) Mass Exemption (Notice) 2015 (No. 2)
Revocation
This notice revokes and replaces the 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. 2).
Commencement
4. This notice commences on the date of its publication in the Commonwealth Gazette.
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 4.
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 5 June 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 accepts 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 Heavy Vehicle National Law Victoria Class 3 Heavy Vehicle Livestock Carrier (Goats) Mass Exemption (Notice) 2015 (No. 2) was enacted to address a specific issue related to the transportation of goats using certain heavy vehicles. This notice, published in the Commonwealth Gazette and commencing on the date of its publication, replaces the previous exemption notice from 2015 (No. 1). The primary purpose of this legislation is to exempt a specific category of class 3 heavy vehicles, namely livestock carriers designed to transport goats and are up to 4.6 metres high, from the mass requirements prescribed under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, provided they comply with the conditions outlined in this notice. The policy objective is to facilitate the transportation of goats while ensuring safety and compliance with other relevant regulations. This exemption notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction and applies to livestock carriers operating in Victoria. The notice expires on 24 May 2020.
Scope and Application
The Victoria Class 3 Heavy Vehicle Livestock Carrier (Goats) Mass Exemption (Notice) 2015 (No. 2) applies specifically to class 3 heavy vehicles designed to transport goats, particularly those that are 6 axle articulated vehicles or 9 axle B-doubles, and are up to 4.6 metres high. This notice provides an exemption from the mass requirements outlined in Schedules 1 to 5 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, provided the vehicles adhere to certain conditions. This exemption is jurisdictional, applying only in Victoria and is effective from the date of its publication in the Commonwealth Gazette until 24 May 2020. While the notice exempts these vehicles from specific mass requirements, it does not exempt drivers or operators from complying with other relevant legislation, including dimension limits, traffic signs, vehicle standards, and lawful directions from authorised officers. The exemption allows these vehicles to operate on routes designated for the transportation of goats, subject to local council conditions where applicable.
Key Provisions
This notice, the Victoria Class 3 Heavy Vehicle Livestock Carrier (Goats) Mass Exemption (Notice) 2015 (No. 2), revokes and replaces the previous exemption notice issued in 2015 (No. 1). Its primary purpose (sections 10–14) is to exempt certain class 3 heavy vehicles, specifically livestock carriers designed to transport goats, from the mass requirements stipulated in Schedules 1 to 5 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation). These vehicles, which are either 6-axle articulated vehicles or 9-axle B-doubles, must not exceed 4.6 metres in height to qualify for the exemption. The exemption applies to operations within Victoria and allows the use of any designated route for the transportation of goats, provided they comply with all conditions outlined in the notice. The driver and operator of these livestock carriers must adhere to specific conditions detailed in Schedule 1 and Schedule 3 of the 2014 exemption notice, with any variations made by this notice.
The notice imposes several obligations and requirements on the parties it governs (sections 12–14). Firstly, the driver and operator of the livestock carriers must comply with all conditions set out in Schedule 1 and Schedule 3 of the 2014 exemption notice, with any modifications made by this notice. Secondly, the number of decks used to transport goats must not exceed four. Additionally, if the vehicle operates in a local council area mentioned in column 1 of Table 1 of Schedule 1, the driver and operator must comply with the specific conditions listed opposite that local council area in column 2. These conditions often involve accepting responsibility for any damage arising from the use of the vehicle and indemnifying the local council against any liability. Drivers and operators must also ensure they comply with all other relevant legislation, including dimension limits, traffic signs, vehicle standards, and lawful directions from authorised officers.
For any breaches of the provisions outlined in this notice, there may be civil or criminal consequences. The notice does not explicitly state the penalties for non-compliance; however, under the Heavy Vehicle National Law, violations of the National Regulation or any associated conditions can result in substantial fines and potential criminal charges. The exact penalties can vary depending on the nature and severity of the breach, but they can include fines of up to $50,000 for individuals and $250,000 for corporations, as well as potential imprisonment terms. Therefore, strict adherence to the conditions and requirements is essential to avoid these serious consequences.