HEAVY VEHICLE NATIONAL LAW
National Class 1 and 3 COVID-19 Health Facility Access Exemption Notice 2021 (No.1)
This Notice grants mass and dimension exemptions to Class 1 and 3 heavy vehicles for the purpose of granting access by the vehicle’s drivers and occupants to specified COVID-19 health facilities.
2. Authorising provision
1) This Notice is made under the following provision of the Heavy Vehicle National Law (HVNL):
a) section 117 – Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement.
3. Title
This exemption Notice may be cited as the National Class 1 and 3 COVID-19 Health Facility Access Exemption Notice 2021 (No.1).
4. Commencement date
This Notice commences on 24 September 2021.
5. Expiry date
This Notice expires on 23 September 2026.
6. Definitions
1) Unless otherwise stated, words and expressions used in this Notice have the same meanings as those in the HVNL and its regulations.
2) In this Notice:
COVID-19 health facility means a facility, site or location specified on a COVID 19 health facility access map.
COVID-19 health facility access map means a map published by the National Heavy Vehicle Regulator that refers to this Notice.
7. Application
1) This exemption Notice applies to a Class 1 or Class 3 heavy vehicle that is operating on a stated COVID-19 facility access map for the purpose of attending a COVID-19 facility so that the driver and occupants may:
a) undergo testing for COVID-19; or
b) undergo vaccination for COVID-19; or
c) for access any other service delivered at the COVID-19 facility.
2) This exemption Notice only applies to a heavy vehicle operating in stated areas or on routes specified in a COVID-19 health facility access map pursuant to section 9 of this Notice.
3) A heavy vehicle to which this section applies is an eligible vehicle.
8. Exemption – Prescribed mass and dimension requirements
1) An eligible vehicle is exempt from the following mass and dimension requirements under the Heavy Vehicle (Mass Dimension and Loading) National Regulation (MDL Regulation):
a) Schedule 1 - General mass limits
b) Schedule 6 - Dimension requirements
2) An exemption in 1) only apply to the extent that specific conditional mass and dimension limits are applied to an area or route set out in a COVID-19 health facility access map, pursuant to section 9(4) of this Notice.
3) If a COVID-19 health facility map does not specify a conditional mass or dimension requirement corresponding to a mass or dimension requirement in Schedules 1 or 6, then the exemption in this section does not apply to that mass or dimension requirement.
Note: This section operates so that while exemptions from all of Schedule 1 and Schedule 6 are provided, those exemptions only operate if a specific conditional mass or dimension is provided for a specific route or area in a COVID-19 health facility access map.
9. Condition – Areas and routes (COVID-19 Health Facility Access Maps)
1) An eligible vehicle operating under this authorisation Notice may operate in areas or on routes set out in a COVID-19 health facility access map, as published by the National Heavy Vehicle Regulator.
2) Only maps published by the Regulator that refer to this Notice are COVID-19 health facility access maps.
3) For the purposes of section 119(1)(a), a COVID-19 health facility access map sets out the areas or routes to which the exemptions in this Notice apply.
4) An eligible vehicle operating on an area or route on a COVID-19 health facility access map must comply with the following conditions as specified for routes and areas on that map:
a) Road conditions pursuant to section 160 of the HVNL; and
b) Travel conditions pursuant to section 161 of the HVNL; and
c) Vehicle conditions pursuant to section 162 of the HVNL.
5) Vehicle conditions imposed under 4(c) include:
a) mass limits, relevant to the exemption provided in section 8(1)(a); and
b) dimension limits, relevant to the exemption provided in section 8(1)(b).
10. Disapplication – Schedule 8 of the MDL Regulation
1) Pursuant to section 39(5) of the MDL Regulation, any condition of Schedule 8 that is specified as disapplied under a COVID-19 health facility access map is disapplied under this Notice.
2) Any disapplication of a Schedule 8 condition under this section is subject to any conditions made for that disapplication specified in a COVID-19 health facility access map.
Peter Caprioli
Executive Director (Freight and Supply Chain Productivity)
National Heavy Vehicle Regulator