Heavy Vehicle National Law

New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption Notice 2016 (No. 1)

Statutory Instrument Series:

Class 1/3 Heavy Vehicle Exemption Notice - Mass Exemption

1                      Authorising provision

This Notice is made under the following section of the Heavy Vehicle National Law as applied in each participating jurisdiction—

Section 117:  Regulator’s power to exempt category of class 3 heavy vehicles from compliance with mass or dimension requirement.

2                      Purpose

This Notice exempts a heavy vehicle to which it applies from stated prescribed mass requirements in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation and operates in conjunction with the New South Wales Grain Harvest Management Scheme (GHMS).

Note—

Nothing in this Notice exempts the driver or operator of the vehicle from complying with legislation regulating the use of heavy vehicles, including but not limited to—

• compliance with traffic signs, including those indicating mass limits or dimension limits;
• compliance with vehicle standards in the HVNL; and
• compliance with lawful directions of authorised officers.

3                      Commencement

This Notice commences on 1 July 2016.

4                      Expiry

This Notice expires on 30 June 2021.

5                      Title

This Notice may be cited as the New South Wales Class 3 Grain Harvest Management Scheme Mass Exemption Notice 2016.

6                      Definitions and interpretation

(1)         A reference in this Notice to a heavy vehicle includes a reference to the vehicle together with its load except insofar as the context or subject matter otherwise indicates or requires.

(2)         In this Notice—

approved on-board mass unit, means—

(a)           an on-board mass scale or weighing device, or load cell system capable of accurately measuring vehicle axle gross weights;  that is

(b)           approved by Transport Certification Australia.

General mass limits means the mass limits set out in Schedule 1 of the National Regulation.

GCM means Gross Combination Mass.

grain means —

(a)          cereals that are wheat, barley, rice, oats, triticale, sorghum, maize or millets;         

(b)          oilseeds that are canola, sunflowers, monola, or safflower; and

(c)          pulses that are chickpeas, faba beans, lupins, mung beans, field peas, soybeans, vetch or lentils.

participating council, means a council that has consented for use of an area or regional and local road by a class of vehicle operating under this Notice.

Note— Roads and Maritime Services publishes a list of Participating Councils on its website.

participating grain receiver, means a facility that—

(a)           accepts the type of grain being transported; and

(b)          has given an undertaking to Roads and Maritime Services, including that it has measures in place to—

(i)             supply data relating to the receival of grain from heavy vehicles operating under this Notice to Roads and Maritime Services in a specified timeframe and format; and

(ii)           communicate with chain of responsibility parties about this data; and 

(iii)          retain evidence of this communication.

Note— Roads and Maritime Services publishes a list of Participating Grain Receivers on its website.

regional and local road, means a road for which a council is the road manager.

RMS means New South Wales Roads and Maritime Services.

HVNL means the Heavy Vehicle National Law.

MDL National Regulation means the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.

prescribed condition means a condition stated in Part 1 or Part 3 of Schedule 8 of the MDL National Regulation.

7                      Application

(1)         This Notice applies in New South Wales.

(2)         This Notice applies to—

(a)          a heavy vehicle, other than a PBS vehicle, that is—

(i)             carrying grain to the participating grain receiver for the grain type being carried; and

(ii)           one of the following—

(A)           a rigid truck with three or more axles;

(B)           a rigid truck (with three or more axles) towing a dog trailer with not more than four axles;

(C)           a prime mover and semitrailer combination that has an overall length not exceeding 19.0m, and not more than 6 axles in total;

(D)           a B-double that has an overall length not exceeding 19.0m, and not more than 7 axles in total;

(E)           a B-double that has an overall length not exceeding 26.0m, and 9 axles in total;

(F)            a road train that has an overall length not exceeding 36.5m, and not more than 12 axles in total;

(G)          a B-triple that has an overall length not exceeding 36.5 m and consists of a prime mover and three semitrailers, and not more than 12 axles in total; and

(H)           an AB-triple that has an overall length not exceeding 36.5m and consists of a prime mover and semitrailer combination connected, by a converter dolly, to a B-double trailer set, and that has not more than 15 axles in total.

8                      Exemption from prescribed mass requirements

(1)         This Notice exempts an eligible vehicle to which it applies from the following mass limits in Schedule 1 of the MDL National Regulation to the extent provided in this Notice—

(a)     Section 2(1)(a)(iv);

(b)     Section 2(1)(b);

(c)      Section 2(2);

(d)     Section 2(4);

(e)     Section 4; and

(f)       Sections 5(1), (2) and (3).

9                      Areas or routes

(1)         This Notice applies to the areas and eligible Participating Grain Receivers, subject to compliance with any listed conditions applicable to the area or route, as set out in the NSW Grain Harvest Management Scheme map available at http://www.rms.nsw.gov.au/business-industry/heavy-vehicles/maps/grain-harvest/map/index.html

(2)         Subject to subsection (3) and any conditions applying to a given network, a heavy vehicle operating under this Notice may operate on the following routes—

(a)          a rigid truck may operate on all roads.

(b)          a rigid truck and dog trailer combination not exceeding 19.0m in length may operate on all roads.

(c)          a prime mover and semitrailer combination not exceeding 19.0m in length may operate on all roads.

(d)          a B-double not exceeding 19.0m in length that has a GCM not exceeding 52.5t may operate on all roads.

(e)          a B-double not exceeding 19.0m in length that has a GCM exceeding 52.5t may operate on the routes approved for 19m B-doubles over 50.0t as shown under the heading ‘Interactive Restricted Access Vehicle routes’ as published by RMS.

Note— An online map for this network and its conditions may be found at www.rms.nsw.gov.au/rav-gml-networks

(f)           a B-double exceeding 19.0m in length but not exceeding 23.0m in length may operate on the routes approved for 23m B-doubles as shown under the heading ‘Interactive Restricted Access Vehicle routes’ as published by RMS.

Note— An online map for this network and its conditions may be found at www.rms.nsw.gov.au/rav-gml-networks

(g)          a B-double exceeding 23.0m in length but not exceeding 26.0m in length may operate on the routes approved for 26m B-doubles as shown under the heading ‘Interactive Restricted Access Vehicle routes’ as published by RMS.

Note— An online map for this network and its conditions may be found at www.rms.nsw.gov.au/rav-gml-networks

(h)          a Type 1 road train not exceeding 36.5m in length may operate on the routes approved for Type 1 A-double road trains as shown under the heading ‘GML Type 1 A-double road train routes’ as published by RMS.

Note— An online map for this network and its conditions may be found at www.rms.nsw.gov.au/rav-gml-networks

(i)            a Modular B-triple may operate on the routes approved for Modular B-triples as shown under the heading ‘GML Modular B-triple routes’ as published by RMS.

Note— Approved routes and conditions may be found at www.rms.nsw.gov.au/rav-gml-networks

(j)            a B-triple (other than a modular B-triple) may operate on routes approved for B-triples operating at general mass limits as shown under the heading ‘GML B-triple routes’ as published by RMS.

Note— An online map for this network and its conditions may be found at www.rms.nsw.gov.au/rav-gml-networks

(k)          a B-triple may operate on routes approved for AB-triples operating at General Mass Limits as shown under the heading ‘GML AB-triple routes’ as published by RMS.

Note— An online map for this network and its conditions may be found at www.rms.nsw.gov.au/rav-gml-networks

Note— A B-triple (other than a Modular B-triple) or an AB-triple may only operate in NSW if enrolled in the Intelligent Access Program. If a vehicle or combination operating under this Notice also operates under another permit, the registered operator of that vehicle must contact the permit issuer to have the permit updated to reflect the mass limits and operating requirements of this Notice.

(3)         A heavy vehicle operating under this Notice may only use an area or route in subsection (2) if the route is identified as being available for use at the relevant time at http://www.rms.nsw.gov.au/business-industry/heavy-vehicles/maps/grain-harvest/map/index.html

(4)         A heavy vehicle operating under this Notice is not permitted to enter into the precinct of any port.

10                  Conditions-General

(1)         A heavy vehicle operating under this Notice on a network set out in section 9 must comply with any conditions of access relevant to a given area, road or structure provided on the corresponding network map.

(2)         A copy of this Notice must be carried in the driving compartment of a heavy vehicle operating under this Notice and must be produced in response to a request by a police officer or an authorised officer.

Note— This obligation may be satisfied by producing a legible electronic version of this Notice.

(3)         A heavy vehicle operating under this Notice must travel by the most practicable direct route on which it is authorised to travel under section 9 from the place or places at which grain is loaded to the first practicable participating grain receiver for the grain type being carried.

(4)         In subsection (3), the first practicable participating grain receiver for the grain type is the first participating grain receiver that is able to be used to receive the type of grain being carried by the vehicle.

(5)         The mass limits set out in this Notice apply to the trucks and combinations described in section 7 when loaded with grain.

11                  Total mass limits condition

(1)         The maximum loaded mass of a heavy vehicle must not exceed the lowest of the following—

(a)          the sum of the axle and axle group mass limits in section 14 (Axle and axle group mass limits condition); or

(b)          in the case of a combination, the GCM limit specified by the prime mover manufacturer; or

(c)          in the case of a combination, the sum of the GVMs for the prime mover and the trailer or trailers it is towing; or

(d)          in the case of a truck, the GVM of the vehicle; or

(e)          the mass limit for the heavy vehicle set out in Table 1 of this Notice, except as provided by—

(i)             section 12 (Steer axle mass (total mass limit) condition); and

(ii)           section 16 (Increased mass limits for accredited operators).

Table 1 - Total mass limits

12                  Steer axle mass (total mass limit) condition

A complying steer axle vehicle may exceed the mass limit in Table 1 by 0.5t.

13                  Dog trailer condition

The loaded mass of a dog trailer must not exceed by more than 25% the loaded mass of the towing vehicle.

Note— A heavy vehicle operating under this Notice that is eligible for concessional mass limits in Schedule 2 of the National regulation is not entitled to apply those concessional limits in addition to a mass limit mentioned in this Notice.

14                  Axle and axle group mass limits condition

The mass on an axle or axle group must not exceed the limits set out in Table 2 of this Notice, except as provided for by—

(a)          section 15 (Steer axle mass (axle or axle group) condition;

(b)          section 16 (Increased mass limits for accredited operators ); or

(c)          section 17 (Floating 0.5t tri-axle mass limit concession).

Table 2 - Axle and axle group mass limits

15                  Steer axle mass (axle or axle group) condition

A complying steer axle vehicle may exceed the 6.0t mass limit for a single steer axle by 0.5t.

16                  Increased mass limits for accredited operators

(1)         A B-double not exceeding 26.0m in length that is operated by an operator that holds mass management accreditation under the National Heavy Vehicle Accreditation Scheme, may—

(a)          exceed the GCM limit specified in Table 1 by 0.8t; and

(b)          exceed the tri-axle group mass limit specified in Table 2 by 0.4t.

(2)         A six-axle prime mover and semitrailer combination not exceeding 19.0m in length that is operated by an operator that holds mass management accreditation under the National Heavy Vehicle Accreditation Scheme, may—

(a)          exceed the GCM mass limit specified in Table 1 by 0.2t; and

(b)          exceed the tri-axle group mass limit specified in Table 2 by 0.2t.

17                  Floating 0.5t tri-axle mass limit concession

The mass on a tri-axle group of a semitrailer may exceed the limits set out in section 14 Table 2 by up to 0.5t, provided that the total mass of the combination does not exceed the applicable total mass limit specified in—

(a)          section 11 (Total mass limits condition); or

(b)          section 12 (Steer axle mass (total mass limit) condition); or

(c)          section 13 (Dog trailer condition).

18                  Mass limits relating to axle spacing

A heavy vehicle operating in accordance with this Notice may exceed the mass limits related to axle spacing set out in section 5(1) – (3) and Table 2, 3 or 4 of Schedule 1 to the National Regulation by an amount equal to the difference between the axle group mass limits specified in the relevant table of Schedule 1 of the Regulation, and the corresponding axle group mass limits in Table 2 of this Notice.

Note—

This provision adjusts the regulated mass limits relating to axle spacing to take into account the difference between the regulated axle mass limits and the increased axle mass limits of this Notice. For example, for a 6 axle prime mover and semitrailer combination, the regulated mass limits related to axle spacing are increased by—

a)      0.5t  for the tandem axle group (the difference between the 16.5t regulated limit and the 17.0t limit under this Notice); and

b)      1.63t for the tri-axle group (the difference between the 20t regulated limit and the 21.63t limit under this Notice).

Date: 2 June 2016

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator

[1] Being a B-double mentioned in clause 2 of Schedule 1 (New South Wales) to the National Class 2 Heavy Vehicle B-Double Authorisation (Notice) at https://www.nhvr.gov.au/resources/Notices-and-permit-based-schemes/national-Notices.