HEAVY VEHICLE NATIONAL LAW
South Australia Class 1 Oyster Boat Exemption Notice 2023 (No.1)
1) This notice grants exemptions from dimension requirements for class 1 heavy vehicles that are combinations towing an oyster boat, or a trailer designed and built to include an oyster boat.
2) This notice grants certain vehicle standards exemptions regarding braking systems.
3) This notice revokes and replaces the South Australia Class 1 Oyster Boat 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 61 – Regulator’s power to make vehicle standards exemptions.
b) section 117 – Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement.
c) section 23 of Schedule 1 – Regulator’s power to amend or repeal instrument.
3. Title
This exemption notice may be cited as the South Australia Class 1 Oyster Boat Exemption Notice 2023 (No.1).
4. Commencement date
This notice commences on 14 June 2023
5. Expiry date
This notice expires on 13 June 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 1 vehicle that is a combination that includes:
a) a trailer designed and built to transport an oyster boat; or
b) an oyster boat that has its own wheels.
2) This exemption only applies to oyster boats being used for oyster harvesting.
3) This notice applies in South Australia.
4) A heavy vehicle to which this section applies and that complies with the conditions of this notice is an eligible vehicle.
8. Exemption – Vehicle Standards
1) This section applies to eligible combinations that have a gross combination mass of not more than 6t.
2) An eligible vehicle is exempt from the following vehicle standards applied by section 3 and the relevant schedule of the Heavy Vehicle (Vehicle Standards) National Regulation (VS Regulation):
a) Schedule 2 – Other vehicle standards applying to single heavy vehicles
9. 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 7 – Width
2) An exemption in 1) only applies to the trailer or oyster boat component of the eligible vehicle, and to extent that specific conditional dimension limits are provided in section 10 in this notice.
10. Condition – Maximum width
1) A trailer or oyster boat that forms part of an eligible vehicle must not exceed 3.5m in width.
2) For this section, the width of a heavy vehicle must be measured in the same manner as in section 8 of the Heavy Vehicle (Vehicle Standards) National Regulation.
11. Condition - speed restriction
An eligible vehicle must not exceed 25kph.
12. Condition – times of travel
Travel is only permitted in the daytime, except where transporting of the oyster boat is directly involved in the harvesting of oysters.
13. Conditions – areas and routes
1) An eligible vehicle is authorised to operate on all public roads in the following local government areas, subject to the limitation in 2) and 3):
District Council of Ceduna
District Council of Streaky Bay
District Council of Lower Eyre Peninsula
District Council of Franklin Harbour
Yorke Peninsula Council
Kangaroo Island Council
2) Travel is only permitted for eligible combinations under this notice for the purpose of transporting an oyster boat:
a) from the place of processing to the beach and return; or
b) from the place of processing to the boat launching ramp and return.
3) Travel under 2) must be by the most direct practicable route.
4) For the purposes of section 119(1)(a) of the HVNL, an area or route specified in this section is a stated area or route to which this notice applies.
5) An eligible vehicle operating on an area or route specified in this notice must comply with the following conditions as specified for routes and areas set out in this section:
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.
David Hourigan
Chief Regulatory and Policy Standards Officer
National Heavy Vehicle Regulator