HEAVY VEHICLE NATIONAL LAW
South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2020 (No.1)
1) This Notice provides exemptions for heavy vehicles operating at general mass limits or under mass management accreditation, at concessional or applied higher mass limits under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation), or under specified Notices, while transporting grain directly from a farm to a grain receiver.
Note: This Notice replaces the South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2015. It operates in the same way but updates several references to expired South Australian references while maintaining the basic exemptions and networks.
2. Authorizing Provision
This Notice is made under section 117 of the Heavy Vehicle National Law (the National Law) as in force in each participating jurisdiction.
3. Commencement
This Notice commences on the date of its publication.
4. Expiry
This Notice expires five years after commencement.
5. Definitions
1) Unless otherwise stated in this clause, words and expressions used in this Notice have the same meanings as those defined in the Heavy Vehicle National Law and National Regulations.
2) In this Notice—
stated route or network means the network specified in the relevant primary Notice unless the vehicle meets the definition of a general access vehicle under this Notice.
farm gate means the point at which the vehicle or combination leaves the farmer’s property where the grain was harvested and enters the approved route network.
general access means access to all roads, subject to the operation of the Heavy Vehicle National Law and road rules of the relevant participating jurisdiction.
grain receiver means the place that the grain is delivered to directly from the farm.
normal mass limit means a mass limit that would, but for the operation of s10 of this Notice, apply to the vehicle or combination when operating under:
a) General Mass Limits; or
b) Concessional Mass limits;
c) Higher Mass Limits under the HML Application Notice; or
d) The mass limits specified in a Primary Notice.
HML Application Notice means the South Australia Class 3 (Application of Higher Mass Limits) Mass Exemption Notice 2019.
Note: The HML Application Notice applies conditions mass limits from Schedule 5 of the Regulation Higher Mass Limits in South Australia. The conditions in that Notice differ from those in Schedule 5.
Primary Notice means the notice that applies to the operation of the vehicle if it is not a general access vehicle operating at General Mass Limits.
Note: In this instance, a primary notice would include, for example, a complaint B-double or Road Train operating at General Mass Limits under a Class 2 authority, or an eligible vehicle operating as a Class 3 vehicle under South Australia Class 3 (Application of Higher Mass Limits) Mass Exemption Notice 2020 (HML Application Notice).
6. Title
This Notice may be cited as the South Australia Heavy Vehicle Farm Gate Grain Transport Mass Exemption Notice 2020.
7. Application
1) This Notice applies in South Australia.
2) This Notice applies to a heavy vehicle operating as a general access vehicle or under a Primary Notice under the following provisions of the Regulation:
a) General Mass Limits (GML) set out in Schedule 1; or
b) Concessional Mass Limits (CML)set out in Schedule 2; or
c) To a vehicle operating under the South Australia Class 3 (Application of Higher Mass Limits) Mass Exemption Notice 2019 (HML Application Notice).
3) This Notice does not apply to:
8. Exemption
1) A heavy vehicle operating under General Mass Limits, and complying with the conditions of this Notice, is exempt from Schedule 1 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation to the extent that a conditional mass limit is provided under this Notice.
2) A heavy vehicle operating under Concessional Mass Limits, and complying with the conditions of this Notice, is exempt from the following mass requirements in Schedule 2 Heavy Vehicle (Mass Dimension and Loading) National Regulation to the extent that a conditional mass limit is provided under this Notice:
a) Subsections (3)(a) and (3)(b); and
b) Subsection (4) in conjunction with the table in subsection (8) as it applies to—
3) A vehicle that is referred to in section 7(2)(c) and is operating under this Notice is exempt from the following provisions of the HML application Notice:
a) Section 9 Conditions - Axle Mass Limits and Spacing
9. Areas and Routes
1) For a heavy vehicle operating as a general access vehicle at General Mass Limits or Concessional Mass Limits, this Notice applies to all roads in South Australia.
2) For a heavy vehicle that is not a general access vehicle and operates under a primary Notice, the stated routes, areas and networks specified in that Notice.
3) For a heavy vehicle operating under the HML Application Notice, this Notice applies the stated routes, areas and networks under s10 of that Notice.
Note: Commodity Routes as published on the South Australian Department of Planning, Transport and Infrastructure RAVnet mapping system are not approved for Higher Mass Limits operation.
10. Conditions – Farm gate mass concession
1) A heavy vehicle operating under this Notice must be transporting grain directly from the farm gate to a grain receiver.
2) Except for the specific exemptions provided in this Notice, a heavy vehicle operating under this Notice must comply with all conditions of access that normally apply to it, including:
a) For a vehicle operating under General Mass Limits; all other conditions imposed by Schedule 1 of the Regulation; and
b) For a vehicle operating under Concessional Mass Limits; all other conditions imposed by Schedule 2 of the Regulation; and
c) For vehicles operating under the HML application Notice, all of the conditions of that Notice, including conditions applied by the network.
Note: Both Schedule 2 Concessional Mass Limits and the conditions of the HML Application Notice require Mass management Accreditation.
3) The loaded mass of a heavy vehicle operating under this Notice must be less than 105% of the normal mass limit that would apply to the vehicle.
Note: This section accommodates excess mass that may result from field loading conditions, providing an allowance over the mass the vehicle would normally operate at, so long as the vehicle meets the other conditions of the Notice.
4) The mass allowed under subsection (3) is only applicable to the first and second load carried by a heavy vehicle from a given paddock on a given day.
5) If the first load carried on a heavy vehicle from a given paddock on a given day under this Notice is more than 100% of normal mass limit, the mass of the second load carried by the same heavy vehicle from the same paddock on the same day must be less than the first load.
Jose Arredondo
Acting Executive Director (Freight and Supply Chain Productivity)
National Heavy Vehicle Regulator