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Administered by: Infrastructure and Regional Development
Published Date 06 Feb 2014

HEAVY VEHICLE NATIONAL LAW

 

NATIONAL CLASS 3 HEAVY VEHICLE MECHANICAL TARPING AND SAFETY HARNESS SYSTEMS DIMENSION EXEMPTION (NOTICE) 2014 (No. 1)

 

Purpose

1.       The purpose of this notice is to exempt a stated category of class 3 heavy vehicles from the width limit in section 7(1) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the National Regulation).

 

Note – Under the Heavy Vehicle National Law, a heavy vehicle is a class 3 heavy vehicle if it exceeds prescribed mass and dimension requirements and is not a class 1 heavy vehicle such as an agricultural vehicle, low loader, mobile crane or special purpose vehicle. If a heavy vehicle is wider than 2.5m the operator must obtain a mass or dimension exemption from the National Heavy Vehicle Regulator before the vehicle may be used on public roads. This instrument exempts heavy vehicles fitted with certain mechanical tarping or safety harness systems from this width requirement, subject to certain conditions. This instrument does NOT exempt these vehicles from other requirements of the HVNL including, but not limited to, mass and other dimension requirements. 

 

Authorising Provision

2.       This notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (the HVNL) and regulation 69(1)(a) of the Heavy Vehicle (General) National Regulation.

Title

3.       This notice may be cited as the National Class 3 Heavy Vehicle Mechanical Tarping and Safety Harness Systems Dimension Exemption (Notice) 2014 (No. 1).

 

Commencement

4.       This notice commences on 10 February 2014.

 

Expiry

5.       This notice expires on 9 February 2019.

 

Definition

6.       Unless otherwise stated, words and expressions used in this notice have the same meanings as in the HVNL or regulations made under the HVNL.

7.       In this notice:


‘Mechanical Tarping System' means a device fitted to the rear of the vehicle that is designed to cover the vehicle load with a tarpaulin and/or fabric cover without requiring a person to climb to the top of the vehicle.


‘Safety Harness System’ means a device fitted to the vehicle that is designed to prevent or control the risk of a person falling from the top or side of the vehicle.

 

 

 

Application

8.       This notice applies to a heavy vehicle that was first registered before 1 July 2006 that has subsequently been fitted with a Mechanical Tarping System or Safety Harness System (relevant heavy vehicle).

9.       This notices applies in—

a.       New South Wales, and Victoria; and

b.      Queensland, except for the conditions stated in clauses 15 and 16.

 

Exemption from prescribed mass or dimension requirements

10.   This notice exempts a relevant heavy vehicle from the width limit specified in section 7(1) of Schedule 6 of the National Regulation.

 

Condition - Areas or routes

11.   Subject to clause 12, a relevant heavy vehicle may travel on all areas and routes in the jurisdictions to which this notice applies.

12.   If a relevant heavy vehicle would be a class 2 heavy vehicle but for the need to grant the dimension exemption under this notice, the vehicle may only use a route authorised by clause 11 if that route is also authorised by the other class 2 heavy vehicle authorisation. 

Note – Under the HVNL, a class 2 heavy vehicle includes certain classes of vehicle (such as a B-double) but only if those classes of vehicle comply with prescribed mass or dimension requirements. If a vehicle is, for example, a B-double that exceeds the dimension limits from which it is exempted under this notice it will also be required to operate under the National Class 2 Heavy Vehicle B-double Authorisation (Notice) 2014 (No. 1). Accordingly, a B-double operating under this notice may only do so in the areas or routes authorised under that notice.

 

Other conditions

13.   The relevant heavy vehicle, excluding any part of the Mechanical Tarping System or Safety Harness System, must not be wider than 2.5m.

 

14.    The relevant heavy vehicle, including any part of the Mechanical Tarping System or Safety Harness System, must not be wider than 2.6m.

 

15.   The Mechanical Tarping System or Safety Harness System must not protrude by more than 50mm on either side of the relevant heavy vehicle.

 

16.   Any part of the relevant heavy vehicle that is wider than 2.5m must be more than 2m from the ground.

 

 

 

 

 

 

 

 

Declaration
I, Richard Hancock, delegate of the National Heavy Vehicle Regulator exempt the stated category of class 3 heavy vehicle as described in clause 8 of this notice from the width limit in section 7(1) of Schedule 6 of the National Regulation provided the vehicle complies with the conditions in this Notice.

 

Dated: 5 February 2014

 

Richard Hancock

Chief Executive Officer

National Heavy Vehicle Regulator