Victoria Class 3 Prime Mover and Semi-Trailer (Transport of Containers) Exemption Notice 2023 (No.1)

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

Legislation au C2023G00775 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

Victoria Class 3 Prime Mover and Semi-Trailer (Transport of Containers) Exemption Notice 2023 (No.1)

  1. Purpose

 

1)      This notice grants exemptions from mass requirements for a class 3 heavy combination consisting of a 3-axle prime mover and a 3-axle semi- trailer transporting containers. It also provides conditions of operation under those exemptions, including access to limited routes in and around the Port of Melbourne.

 

2)      This notice revokes and replaces Part 2 of the Victoria Class 3 Container Vehicle, Rearloader Waste Vehicle And Converter Dolly Combination Vehicle Mass And 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 Victoria Class 3 Prime Mover and Semi-Trailer (Transport of Containers) Exemption Notice 2023 (No.1).

 

4.       Commencement date

 

This notice commences on 7 July 2023

 

5.       Expiry date

 

This notice expires on 6 July 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 is a combination consisting of a 3-axle prime mover towing a 3-axle semi-trailer that is loaded with a freight container.

 

2)      This notice applies in Victoria.

 

3)      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

c)       section 5 – Mass limits relating to axle spacing generally

 

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

 

3)      If, in relation to a particular vehicle or component, this notice provides for two or more mass limits imposing different mass limits that apply in the same circumstances, the lower mass limit applies, and the other mass limit must be disregarded.

 

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

 

An eligible vehicle must not exceed 48t.

 

 


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

 

The axle group in Column 1 of Table 1 must not exceed the mass listed in Column 2.

 

Table 1: Maximum masses for axle groups

Column 1

Column 2

Axle Group

Maximum mass (t)

Single steer axle on prime mover

6

Dual-drive tandem axle group on prime mover

18

Tri-axle group on trailer

24

 

11.   Conditions – Minimum axle spacing

 

1)      The distance between the center of the dual-drive tandem axle group on prime mover, and the first axle of the tri-axle group on an eligible vehicle must be at least 6.5m.

 

2)      The wheelbase of the prime mover that forms part of an eligible vehicle must be at least 3.6m.

 

12.   Conditions – Areas and routes

 

1)      An eligible vehicle complying with the conditions of this notice is authorised to operate on the following network:

Port of Melbourne Container Vehicle Network

2)      For the purposes of section 119(1)(a) of the HVNL, the network specified in 1) is a stated area or route to which this notice applies.

 

3)      An eligible vehicle operating on a network specified in this section must comply with the following conditions as specified for routes and areas set out on that 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.

Note: The Port of Melbourne Container Vehicle Network is maintained by the Victorian Department of Transport and Planning, and is published on its website.

 

David Hourigan

Chief Regulatory and Policy Standards Officer

National Heavy Vehicle Regulator

 

Overview

The Victoria Class 3 Prime Mover and Semi-Trailer (Transport of Containers) Exemption Notice 2023 (No. 1) was enacted to provide exemptions from certain mass requirements for specific heavy vehicle combinations used in the transport of containers in Victoria. This notice was introduced to address the need for more flexible regulations to accommodate the operational requirements of heavy vehicles transporting containers, particularly around the Port of Melbourne. It is made under the Heavy Vehicle National Law (HVNL), specifically sections 117 and 23 of Schedule 1, which empower the Regulator to exempt certain heavy vehicles from compliance with mass or dimension requirements and to amend or repeal instruments, respectively. The policy objective is to facilitate efficient container transport operations within specified conditions and routes, while ensuring road safety and infrastructure integrity. The notice applies to a class 3 heavy vehicle consisting of a 3-axle prime mover towing a 3-axle semi-trailer loaded with a freight container, and it comes into effect on 7 July 2023, expiring on 6 July 2028.

Scope and Application

The Victoria Class 3 Prime Mover and Semi-Trailer (Transport of Containers) Exemption Notice 2023 (No. 1) provides exemptions from certain mass requirements for a specific class of heavy vehicles within Victoria. This notice applies to class 3 heavy vehicles, which consist of a 3-axle prime mover towing a 3-axle semi-trailer that is loaded with a freight container. The exemption applies only in Victoria and to vehicles that meet the conditions outlined in the notice. Eligible vehicles are exempt from mass limits for single vehicles, single axles, and axle groups as specified in the Heavy Vehicle (Mass Dimension and Loading) National Regulation, provided they comply with the conditional mass limits set out in sections 9 and 10 of this notice. The eligible vehicles are subject to specific conditions, including a maximum total mass of 48t and mass limits for different axle groups, with additional conditions on minimum axle spacing and authorised routes limited to the Port of Melbourne Container Vehicle Network. This notice revokes and replaces the previous exemption notice, coming into effect on 7 July 2023 and expiring on 6 July 2028.

Key Provisions

This notice, made under the Heavy Vehicle National Law (HVNL), grants exemptions from mass requirements for a class 3 heavy vehicle consisting of a 3-axle prime mover and a 3-axle semi-trailer transporting containers, specifically within the Port of Melbourne area (sections 7 and 8). It replaces the previous exemption notice from 2019 and comes into effect on 7 July 2023, expiring on 6 July 2028 (sections 4 and 5). The exemption applies to eligible vehicles that comply with the specified conditions, such as mass limits and operational routes (section 8). These vehicles are permitted to operate on the Port of Melbourne Container Vehicle Network, subject to compliance with road, travel, and vehicle conditions (section 12). The Act imposes certain obligations on the parties or entities it governs. Eligible vehicles must adhere to specific mass limits, both for the total mass of the vehicle and for individual axle groups (sections 9 and 10). The total mass of the vehicle must not exceed 48 tonnes, with further mass limits specified for different axle groups: 6 tonnes for the single steer axle on the prime mover, 18 tonnes for the dual-drive tandem axle group on the prime mover, and 24 tonnes for the tri-axle group on the trailer (section 10). Additionally, the distance between certain axles must be maintained, with a minimum of 6.5 metres between the dual-drive tandem axle group on the prime mover and the first axle of the tri-axle group on the trailer, and a minimum wheelbase of 3.6 metres for the prime mover (section 11). There are civil and criminal consequences for breach of this legislation. While the specific penalties for breach are not detailed in the notice, breaches of the HVNL generally attract significant penalties under state and territory laws. These can include fines, suspension or revocation of licenses, and imprisonment. The notice underscores the importance of compliance to ensure safety and efficiency within the Port of Melbourne Container Vehicle Network.

Legal classification tags

Area of Law
Commercial Law
Instrument
Exemption Notice
Concepts
Definitions & Interpretation
Conditions – Mass
Conditions – Areas and routes

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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.