HEAVY VEHICLE NATIONAL LAW

Queensland Heavy Vehicle Class 1 Agricultural Vehicle (Bundaberg Region 5.0m wide) Dimension Exemption Notice 2017 (No. 1)

1        Purpose

The purpose of this Notice is to exempt the stated categories of class 1 heavy vehicles operating on local government roads in the Bundaberg region from the prescribed dimension requirements specified in the Notice subject to the conditions specified in the Notice.

Note—  

1         An eligible vehicle that is wider than 2.5m and not wider than 3.5m may operate under the Guideline for Excess Dimension Agricultural Vehicles and Agricultural Combinations Vehicles and Drivers, Form Number 14, Version 4, October 2013.

2        Authorising Provision(s)

This Notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (HVNL).

3        Title

This Notice is may be cited as the Queensland Heavy Vehicle Class 1 Agricultural Vehicle (Bundaberg Region 5.0m wide) Dimension Exemption Notice  2017.

4        Commencement

This Notice commences on 1 February 2017.

5        Expiry

This Notice expires on 31 January 2022.

6        Definitions

(1)    Unless otherwise stated, words and expressions used in this Notice have the same meanings as those defined in the HVNL, Form 14 and Form 17.

(2)    In this Notice—

eligible vehicle means a heavy vehicle that is an agricultural machine or an agricultural combination.

Form 14 means the Guideline for Excess Dimension Agricultural Vehicles and Agricultural Combinations Vehicles and Drivers - Form Number 14, Version 4, October 2013.

Form 17 means the Guideline for Conditionally Registered Vehicles in Queensland – Form 17, Version 3.2, October 2014.

 NHVR means the National Heavy Vehicle Regulator.

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

7         Application

This Notice applies to an eligible vehicle that is wider than 3.5m and not wider than 5.0m operating on a minor road in the Bundaberg region.

8         Exemption from prescribed dimension requirements

(1)    An eligible vehicle is exempt from the following dimension requirements of Schedule 6 of the Regulation—

(a)     Section 3(1)(a) and (g): Length – general; and

(b)     Section 5: Length—rear overhang; and

(c)      Section 7(1): Width; and

(d)     Section 8(d): Height.

9        Operating conditions – s 119 Heavy Vehicle National Law

(1)    An eligible vehicle operating under this Notice must comply with any condition, exclusion, restriction or requirement, however described, in Form 14 that—

(a)    specifically applies in the Bundaberg region; or

(b)    would apply if the vehicle was wider than 3.7m and operating in Zone 2.

Examples—

1. The pilot and escort arrangements set out in column 2 of table 1 in clause 4.2 of Form 14 for a minor road would apply to an eligible vehicle whose width is 3.55m. The city of Bundaberg is subject to the general prohibition on travel contained in Appendix 1 of Form 14.
2. Appendix 1 of Form 14 contains various restrictions on the movement of oversized agricultural vehicles during, for example, holiday periods. A restriction in Appendix 1 applying to a minor road in the Bundaberg region is intended to continue to apply on the same terms under this Notice.

(2)    The operator of an eligible vehicle operating under this Notice must indemnify the Bundaberg Regional Council, the NHVR and their employees against any claim, action or process for damage or injury that may be sustained against them due to the use of vehicles specified.

(3)    If an eligible vehicle must be conditionally registered—

(a)    It must comply with all requirements of Form 17, including any more restrictive conditions applying to travel distance in that guideline; and

(b)    The appropriate registration category for the level of access obtained under this Notice must be held.

Note—

The Form 17 Guideline contains maximum travel distances and in case of any inconsistency with this Notice, the lesser of the distances in this Notice and Form 17 must be adhered to.

(4)    This Notice does not authorise the movement of an eligible vehicle within an unsafe distance of an overhead or underground electric line or otherwise contrary to Part 5 (Overhead and underground electric lines) of the Electrical Safety Regulation 2013 (Qld), or contrary to Part 5 (Vehicles) of the Transport Infrastructure (Rail) Regulation 2006 (Qld).

10     Prescribed conditions (Section 39 MDL National Regulation)

(1)    The conditions stated in Part 1 and 3 of Schedule 8 of the Regulation do not apply to a vehicle operating under this Notice.

Dated: 24 January 2017

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator