HEAVY VEHICLE NATIONAL LAW
NATIONAL CLASS 2 HEAVY VEHICLE CONTROLLED ACCESS BUS AUTHORISATION (NOTICE) 2014 (No.1) AND NATIONAL CLASS 3 HEAVY VEHICLE CONTROLLED ACCESS BUS REAR OVERHANG DIMENSION EXEMPTION (NOTICE) 2014 (No.1)
Purpose
1. The purpose of this notice is—
(a) to authorise the use of class 2 heavy vehicles that are buses, that are not more than 14.5m long, in stated areas or stated routes during stated hours of stated days; and
(b) to state the conditions under which these buses may be used (class 2 notice).
Explanatory Note – Section 136 of the Heavy Vehicle National Law provides that a bus, other than an articulated bus, that is longer than 12.5m is a class 2 vehicle. That means that these heavy vehicles are restricted access vehicles and require an authorisation from the National Heavy Vehicle Regulator (NHVR) before the vehicle may be used on roads. This instrument applies to buses that are longer than 12.5m but not longer than 14.5m. It is an authorisation that declares the areas or routes on which such longer buses may be used, subject to certain conditions. This part of the instrument does NOT exempt such longer buses from other requirements of the HVNL including, but not limited to, mass and dimension requirements.
2. The purpose of this notice is to exempt buses that are not more than 14.5m long from the rear overhang dimension limit in section 5 (1) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation where this exemption is specified in a Schedule (class 3 notice).
Explanatory Note – The Heavy Vehicle National Law provides that a heavy vehicle is a class 3 heavy vehicle if it does not comply with a prescribed mass or dimension requirement and the vehicle is not a class 1 heavy vehicle such as an agricultural vehicle, low loader, mobile crane or special purpose vehicle. If a bus has a rear overhang that is more than the lesser of 3.7m or 60% of the distance between the centre-line of the front axle and the rear overhang line, the operator must obtain a mass or dimension exemption from the NHVR before the vehicle may be used on roads. This part of the instrument is an exemption that exempts buses not longer than 14.5m from the rear overhang dimension limit, where specified in the Schedules, subject to certain conditions. This part of the instrument does NOT exempt these vehicles from other requirements of the HVNL including, but not limited to, the prescribed mass requirements and the other prescribed dimension requirements.
Authorising Provision
3. The class 2 notice is made under section 138 of the Heavy Vehicle National Law as in force in each state and territory (HVNL) and section 69(1)(b) of the Heavy Vehicle (General) National Regulation.
4. The class 3 notice is made under section 117 of the HVNL and section 69(1)(a) of the Heavy Vehicle (General) National Regulation.
Title
5. This notice may be cited as the National Class 2 Heavy Vehicle Controlled Access Bus Authorisation (Notice) 2014 (No.1) and National Class 3 Heavy Vehicle Controlled Access Bus Rear Overhang Dimension Exemption (Notice) 2014 (No.1).
Commencement
6. This notice commences on 10 February 2014.
Expiry
7. This notice expires on 9 February 2019.
Definition
8. Unless otherwise stated, words and expressions used in this notice have the same meanings as in the HVNL or regulations made under the HVNL.
9. In this notice—
‘controlled access bus’ means a bus, other than an articulated bus, longer than 12.5m but not more than 14.5m long.
‘rear overhang dimension limit’ means the requirement in section 5(1) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.
Application
10. This notice applies to a controlled access bus, as specified in a Schedule.
11. This notice applies in all participating jurisdictions other than the Australian Capital Territory, unless otherwise stated in a Schedule.
Conditions
12. The driver and operator of the vehicle must comply with all conditions set out in the Schedule for a participating jurisdiction when the vehicle is being used in the jurisdiction to which that Schedule applies.
Note – Other than where a Schedule exempts the vehicle from the rear overhang dimension limit, 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—
(a) compliance with mass and other dimension requirements in the HVNL;
(b) compliance with traffic signs, including those indicating mass limits or dimension limits;
(c) compliance with vehicle standards in the HVNL; and
(d) compliance with lawful directions of authorised officers.
Declaration
I, Richard Hancock, delegate of the National Heavy Vehicle Regulator—
(a) authorise the use of controlled access buses as specified in this notice in the stated areas or routes during the stated hours of stated days and subject to the conditions set out in this notice; and
(b) exempt controlled access buses from the rear overhang dimension limit that would otherwise apply, to the extent and subject to the conditions specified in a Schedule to this Notice.
Dated: 5 February 2014
Richard Hancock
Chief Executive Officer
National Heavy Vehicle Regulator
SCHEDULE 1 – NEW SOUTH WALES
Class 2 notice
Stated areas or routes
1. A controlled access bus may use—
(a) The routes set out in Appendix A of the document stated in Appendix 1 to this Schedule; and
(b) Any other route if it can operate in accordance with Route Assessment for 14.5 Metre Buses Manual dated November 1998 published by NSW Roads and Maritime Services.
2. A controlled access bus must not use a route set out in Appendix B of the document stated in Appendix 1 to this Schedule.
Stated hours of stated days
3. A controlled access bus may use the stated routes at any time of the day.
Conditions
3. A controlled access bus operating on a route stated in clauses 1(a) must comply with the conditions specified for that route in the “condition” column in Appendix A of the Class 2 Controlled Access Bus Notice 2010 (NSW).
Class 3 notice
Conditions
4. The rear overhang of a controlled access bus must not be more than the lesser of 4.9m or 70% of the distance between the centre-line of the front axle and the rear overhang line.
5. The exemption applies to the same areas or routes as are authorised under the Class 2 Controlled Access Bus Notice 2010 (NSW) in clause 1 of this Schedule.
Appendix 1
Class 2 Controlled Access Bus Notice 2010 (NSW)
http://www.nsw.gov.au/sites/default/files/Government_Gazette_24_September_0.pdf
SCHEDULE 2 – QUEENSLAND
Class 2 notice
Stated areas or routes
1. A controlled access bus may use the areas or routes stated in the following class permits set out in Appendix 1—
(a) Class Permit No 127-TH-12am1 – Schedule A Part 1; and
(b) Class Permit No 127-TH-12am1 – Schedule A Part 2.
2. A controlled access bus may not use the areas or routes stated in Class Permit No 127-TH-12am1 – Schedule B, set out in in Appendix 1
Stated hours of stated days
3. A controlled access bus may use the stated areas or routes at any time of the day.
Conditions
4. A copy of the applicable route maps must be carried whist operating a controlled access bus.
Class 3 notice
Conditions
5. The rear overhang of a controlled access bus must not be more than the lesser of 4.7m or 70% of the distance between the centre-line of the front axle and the rear overhang line.
6. The exemption applies to the same areas or routes as are authorised under the class 2 notice in clause 1 of this Schedule.
Appendix 1
Class Permit No 127-TH-12am1 – Schedule A Part 1; and
Class Permit No 127-TH-12am1 – Schedule A Part 2
Class Permit No 127-TH-12am1 – Schedule B
http://www.tmr.qld.gov.au/business-industry/Heavy-vehicles/Heavy-vehicle-guidelines-and-class-permits.aspx
SCHEDULE 3 – SOUTH AUSTRALIA
Class 2 notice
Stated areas or routes
1. A controlled access bus that is not longer than 14.5m must only use the routes set out in the Controlled Access Bus network as specified on the RAVnet Map system titled ‘14.5m Long Bus Route Network (General Mass Limits)’ set out in Appendix 1, and in accordance with any conditions and limitations specified for those routes.
2. A controlled access bus that is not longer than 13.7m and that does not exceed the dimensions specified in clause 5 below may use an area or route in South Australia that the driver or operator has determined, is safe and suitable for use by a 13.7m bus, in accordance with the Route Assessment Guidelines for 13.7m Long Buses (MR1486), published by the South Australian Department of Planning, Transport and Infrastructure.
Stated hours of stated days
3. A controlled access bus may use the stated areas or routes at any time of the day.
Conditions
4. A controlled access bus that is longer than 13.7m but not longer than 14.5m must be fitted with a single steer axle and a tandem axle group.
5. A controlled access bus that is not longer than 13.7m and does not exceed the dimensions illustrated in Figures 1, 2 & 3, may operate in accordance with clause 2 of this Schedule.
Figures 1, 2 & 3 –Dimension limits for controlled access buses not longer than 13.7m
Class 3 notice
6. The class 3 notice does not apply in South Australia.
Appendix 1
14.5m Long Bus Route Network (General Mass Limits):
RAVnet Map system titled ‘14.5m Long Bus Route Network (General Mass Limits)’: http://www.dpti.sa.gov.au/ravnet
SCHEDULE 4 – TASMANIA
Class 2 notice
Stated areas or routes
1. A controlled access bus may use all roads in Tasmania.
Stated hours of stated days
2. A controlled access bus may use the stated areas or routes at any time of the day.
Conditions
3. None.
Class 3 notice
4. The class 3 notice does not apply in Tasmania.
SCHEDULE 5 - VICTORIA
Class 2 notice
Stated areas or routes
1. A controlled access bus may not use the roads or parts of roads listed in the Victorian Class 2 & 3 Controlled Access Bus Prohibited Route List set out in Appendix 1.
Stated hours of stated days
2. Subject to clause 1, a controlled access bus may use all roads, other than those prohibited, at any time of the day.
Conditions
3. None.
Class 3 notice
Stated areas or routes
4. The exemption applies to the same areas or routes as prohibited in clause 1 above.
Conditions
5. The rear overhang of a controlled access bus must not be more than the lesser of 4.3m or 60% of the distance between the centre-line of the front axle and the rear overhang line.
Appendix 1
Victorian Class 2 & 3 Controlled Access Bus Prohibited Route List
http://www.vicroads.vic.gov.au/Home/Moreinfoandservices/HeavyVehicles/AccessAndRouteInformation/