HEAVY VEHICLE NATIONAL LAW
Victoria Class 3 Rear Loader Waste Vehicles Rear Overhang Exemption Notice 2023 (No.1)
- Purpose
1) This notice grants exemptions from mass and dimension requirements for a class 3 heavy vehicle that is a rear loading vehicle used for waste collection. It also provides conditions of operation under those exemptions, including stated areas and routes upon which the exempted vehicle may operate.
2) This notice revokes and replaces part 3 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 Rear Loader Waste Vehicles Rear Overhang 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 notice applies to a 3-axle class 3 heavy vehicle designed for collecting waste that is fitted with a bin lifting mechanism to the rear and has a tandem axle group with 8 tyres.
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 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 5 – Length (rear overhang)
2) An exemption in 1) only applies to the extent that specific conditional dimension limits are provided in section 9 of this notice.
9. Condition – Dimension limits
1) The rear overhang of an eligible vehicle must not be more than the lesser of:
a) 70% of the vehicle's wheelbase; or
b) 3.4m.
10. Conditions – Areas and routes
1) An eligible vehicle complying with the conditions of this notice is authorised to operate on all roads in Victoria.
2) For the purposes of section 119(1)(a) of the HVNL, the area specified in 1) is the stated area or route to which this notice applies.
David Hourigan
Chief Regulatory and Policy Standards Officer
National Heavy Vehicle Regulator
Overview
The Heavy Vehicle National Law Victoria Class 3 Rear Loader Waste Vehicles Rear Overhang Exemption Notice 2023 (No.1) was enacted to address the specific operational challenges faced by rear loading waste collection vehicles in Victoria. This notice, made under the authority of the Heavy Vehicle National Law, provides exemptions from certain mass and dimension requirements for class 3 heavy vehicles used in waste collection, subject to specific conditions. The notice aims to balance the operational needs of waste collection vehicles with road safety and infrastructure considerations, thereby facilitating more efficient waste management services in Victoria. The exemption notice revokes and replaces previous legislation, ensuring updated and relevant regulatory standards. The policy objective is to allow for the practical operation of rear loading waste vehicles while maintaining compliance with safety and regulatory frameworks.
Scope and Application
The Victoria Class 3 Rear Loader Waste Vehicles Rear Overhang Exemption Notice 2023 (No.1) pertains specifically to a class 3 heavy vehicle used in waste collection that is equipped with a rear bin lifting mechanism and has a tandem axle group with eight tyres. This notice applies solely within the jurisdiction of Victoria, providing exemptions from certain mass and dimension requirements for eligible vehicles that comply with the conditions set out in the notice. The exemption covers the rear overhang dimension requirements under the Heavy Vehicle (Mass Dimension and Loading) National Regulation, provided that the rear overhang does not exceed either 70% of the vehicle's wheelbase or 3.4 meters. The eligible vehicles are authorised to operate on all roads in Victoria, subject to adherence to the specified dimensional limits and other conditions detailed in the notice. This exemption notice revokes and replaces part 3 of the Victoria Class 3 Container Vehicle, Rearloader Waste Vehicle and Converter Dolly Combination Vehicle Mass and Dimension Exemption Notice 2019 (No.1), and it is made under the Heavy Vehicle National Law, which provides the legal authority for such exemptions.
Key Provisions
The Victoria Class 3 Rear Loader Waste Vehicles Rear Overhang Exemption Notice 2023 (No.1) (the Notice) provides exemptions from certain mass and dimension requirements for a specific type of heavy vehicle used in waste collection. According to section 8(1), an eligible vehicle—that is, a 3-axle class 3 heavy vehicle designed for collecting waste, fitted with a bin lifting mechanism to the rear, and having a tandem axle group with 8 tyres—is exempt from prescribed dimension requirements under Schedule 6 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (section 5), particularly concerning the length (rear overhang). This exemption is subject to specific conditions outlined in the Notice. Section 9(1) stipulates that the rear overhang of the vehicle must not exceed 70% of the vehicle's wheelbase or 3.4 metres, whichever is less. The Notice also grants authorisation for eligible vehicles to operate on all roads in Victoria, as stated in section 10(1).
In terms of obligations, the Notice imposes specific dimensional constraints on eligible vehicles, requiring that the rear overhang does not exceed 70% of the vehicle's wheelbase or 3.4 metres (section 9(1)). The Notice also mandates that eligible vehicles comply with these conditions to be permitted to operate on all roads within Victoria (section 10(1)). The Notice revokes and replaces part 3 of the Victoria Class 3 Container Vehicle, Rearloader Waste Vehicle and Converter Dolly Combination Vehicle Mass And Dimension Exemption Notice 2019 (No.1).
Breach of the conditions set out in the Notice could result in legal consequences. For example, operating an eligible vehicle that does not comply with the specified rear overhang limits could be considered a contravention of the Notice. While the Notice does not explicitly outline specific penalties for non-compliance, breaches of related regulations or laws could lead to fines or other legal actions under the Heavy Vehicle National Law. The specific penalties would depend on the nature and severity of the breach, and any applicable local or national heavy vehicle regulations.