HEAVY VEHICLE NATIONAL LAW

National COVID-19 Emergency (Holiday Travel Condition) Derestriction Notice 2020 (No.6)

1.       Purpose

The purpose of this Notice is to remove certain travel condition restrictions on heavy vehicle travel times during the COVID-19 human biosecurity emergency (COVID-19 Emergency). The restrictions are those relating to travel on State controlled roads during public holidays, school holidays, 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.

Note:     This Notice replaces the National COVID-19 Emergency (Public Holiday Travel Condition) Derestriction Notice 2020 (No.5).

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 (Holiday Travel Condition) Derestriction Notice 2020 (No. 6).

4.       Commencement

This Notice commences on 1 September 2020.

5.       Expiry          

This Notice expires on 30 September 2020.

6.       Definitions

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

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

a)      Victoria:- VicRoads

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.

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 to public holidays and school holidays, as declared in a participating jurisdiction.

2)      This de-restriction does not apply to travel restrictions that do not specifically apply to holidays set out in 1), such as:

a)      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 school holidays; or

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

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

Peter Caprioli

Executive Director (Freight and Supply Chain Productivity)

National Heavy Vehicle Regulator