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Administered by: Infrastructure, Transport, Regional Development and Communications
Published Date 08 Apr 2020

HEAVY VEHICLE NATIONAL LAW

National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.1)

 

1.       Purpose

 

The purpose of this Notice is to remove certain travel condition restrictions on heavy vehicle travel times during the COVID-19 Emergency. The restrictions are those relating to travel on State controlled roads during public holidays, such as Easter and Christmas, and at other specified times. These travel time restrictions normally serve to reduce heavy vehicle traffic at peak holiday travel times. This Notice suspends certain travel conditions in specified permits and Gazette Notices made under the Heavy Vehicle National Law (HVNL) because of reduced access to the roads by the general public during the COVID-19 Emergency.

 

2.       Authorising Provision

 

This Notice is made under section 23 of Schedule 1, of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction.

 

3.       Title

 

This Notice may be cited as the National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020.

 

4.       Commencement

 

This Notice commences on 9 April 2020.

 

5.       Expiry          

 

This Notice expires on 30 April 2020.

 

6.       Definitions

 

1)      Unless otherwise stated, words and expressions used in this Notice have the same meanings as in the HVNL.

 

2)      In this Notice:

 

COVID-19 Emergency means the state of human biosecurity emergency declared under the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020, made under section 475 of the Biosecurity Act 2015 (Cth) on 18 March 2020.

 

Road Authority means the following in the flowing states and territories:

a)      Victoria:- VicRoads

b)      New South Wales:- Transport for New South Wales

7.       Application

 

1)      This Notice applies to any heavy vehicle operating under a relevant authority on the following roads, and categories of road:

 

a)      All roads for which a Road Authority is the Road Manager, including but not limited to:

                                             i.            State controlled roads; and

                                           ii.            Motorways; and

                                          iii.            Freeways.

 

b)      Any roads managed by another Road Manager, if any, specified in a Schedule for the relevant jurisdiction.

 

Note:     If a participating jurisdiction does not have a Schedule, the only provisions that apply to vehicles operating in that jurisdiction are the body of this Notice.

 

8.       Relevant Authorities

 

1)      The following authorities issued under the Heavy Vehicle National Law, either by permit or Gazette Notice, are relevant authorities for the purposes of this Notice:

 

a)      Class 1 or Class 3 exemptions issued under s117 or s122 of the HVNL; and

b)      Class 2 authorisations issued under s138 or s143 of the HVNL; and

c)       Higher Mass Limit Declarations issued under s13 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.

 

9.       De-restriction

 

1)      For any vehicle operating under a relevant authority, the following travel conditions do not apply for the duration of this Notice:

 

a)      restrictions to times of travel relating specifically to public holidays, as declared in a relevant jurisdiction.

 

2)      This de-restriction does not apply to travel restrictions that do not specifically apply to public holidays, such as:

 

a)      school hours travel restrictions; or

b)      time of day travel restrictions that apply on any day, such as night time movement restrictions that apply on days that are not public holidays; or

c)       restrictions that apply on any particular day of a week, such as weekends or Sundays; or

d)      any other time-related travel restriction that does not fall under 1).

 

Note:     A Road Authority may publish specific details of public holiday restrictions and de-restrictions on their website.

 

 

Peter Caprioli

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator


 

Schedule: 1 New South Wales

 

1.       Application

 

This Schedule applies in New South Wales.

 

2.       Specified Roads

 

1)      In addition to the restrictions specified in s7(1)(a), this Notice only applies to roads on the following  network in New South Wales:

 

NSW Oversize Overmass Load Carrying Vehicles Network

 

Note:     The only relevant travel restrictions eligible for de-restriction that apply in New South Wales apply to the Class 1 Over Size and Over Mass vehicles travelling on this network. This network is maintained and published by transport for New South Wales and is available on its website.