HEAVY VEHICLE NATIONAL LAW

New South Wales Class 1 Load Carrying Vehicle Exemption Notice 2023 (No.1)

1. Purpose

1)      This notice grants exemptions from mass and dimension requirements for a class 1 heavy vehicle in New South Wales that is carrying, or is designed for the purpose of carrying, a large indivisible item.

2)      This notice revokes and replaces the New South Wales Class 1 Load Carrying Vehicle Exemption Notice 2019 (No.1).

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.

b)      section 23 of Schedule 1 – Regulator’s power to amend or repeal instrument.

3.       Title

This notice may be cited as the New South Wales Class 1 Load Carrying Vehicle Exemption Notice 2023 (No.1).

4.       Commencement date

This notice commences on 22 September 2023.

5.       Expiry date

This notice expires on 21 September 2028.

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:

Operator’s Guide means the New South Wales Class 1 Load Carrying Vehicle Operator’s Guide.

7.       Application

1)      This exemption notice applies to a class 1 heavy vehicle that is carrying, or is designed for the purpose of carrying, a large indivisible item.

2)      This notice does not apply to:

a)      a special purpose vehicle, or

b)      an agricultural machines, agricultural implements, agricultural combinations; or

c)       a road train or B-double, or

d)      a vehicle or combination that is carrying a loaded or empty freight container designed for multi-modal transport.

3)      This notice applies in New South Wales.

4)      A heavy vehicle to which this section applies and that complies with the conditions of this notice is an eligible vehicle.

8.       Exemption – Prescribed mass requirements

1)      An eligible vehicle is exempt from the following mass requirements under Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL Regulation):

a)      section 2 – Mass limits for a single vehicle or combination

b)      section 4 – Mass limits for a single axle or axle group

c)       section 5 – Mass limits relating to axle spacing generally

2)      An exemption in 1) only applies to an eligible vehicle to the extent that specific conditional mass limits are provided in sections 9 or 10 of this notice, or in a schedule.

3)      In relation to a particular vehicle or component, if this notice provides for more than one mass limit to apply in the same circumstances, the more restrictive dimension limit applies.

4)      In any case, any additional or conditional mass allowed under this Notice may not exceed manufacturer mass limits pursuant to section 8 of the MDL Regulation.

9.       Conditions – Conditional Mass (Axles and Axle Groups)

1)      The total mass of an eligible vehicle including its load must not exceed the:

a)      vehicle’s GVM; and  

b)      an axle load must not exceed the limit set by its manufacturer.

2)      The mass on a single axle or axle group described in Column 1 of Table 1 must not exceed the mass limit specified in column 2 for a combination consisting of a tandem drive prime mover towing:

a)      a low loader, or

b)      a low loader dolly and a low loader, or

c)       a jinker, or

d)      a low loader dolly and a jinker.

Table 1:  Single axle and axle group masses

3)      When laden, if a low loader dolly is included in the combination the drive axle group must be at least 14 tonne.

4)      The sum of the mass on each of the combination’s single axles and axle groups must not exceed the sum of the mass limits specified for each of them in Table 1.

5)      In addition, the total mass of the combination and any load must not exceed:

a)      49.5 tonnes if the distance between the centre-line of the rearmost axle of the towing vehicle and the centre-line of the foremost axle of the combination’s rear axle group is 6 m or more, or

b)      49.5 tonnes decreased by 1 tonne for every 0.3m by which the distance referred to in paragraph (a) is less than 6 m.

6)      The mass on an axle group or single axle must not exceed the relevant limit set by Schedule 1 to the MDL Regulation if it is:

a)      not described in Table 1; or

b)      on a load-carrying vehicle or combination except one described in 9(2).

10.   Condition – Conditional Masses (Tyre widths)

1)      An eligible vehicle must comply with the mass limits for the applicable tyre widths listed in Table 2 for an axle and Table 3 for a group axle.

2)      Notwithstanding axle mass limits set out in Table 2 and Table 3, the steer axle mass must not exceed the steer axle mass set out in Table 1.

3)      The mass on an axle fitted with tyres of a number and width described in Table 2 must not exceed the mass limit specified in the Table for that axle in relation to the narrowest tyre on the axle.

Table 2: Conditional mass limits for tyre width on an axle

4)      The mass on an axle group fitted with tyres of a number and width described in Table 3 must not exceed the mass limit specified in the Table 3 for that axle group in relation to the narrowest tyre in the group.

Table 3: Conditional mass limits for tyre width in a group

11.   Exemption – Prescribed dimension requirements

1)      An eligible vehicle is exempt from the following dimension requirements under Schedule 6 of the MDL Regulation:

a)      section 3 – Length (combination or single vehicle)

b)      section 4 – Length (trailers)

c)       section 5 – Length (rear overhang)

d)      section 7 – Width

e)      section 8 – Height

f)        section 13 – Side projection of load

2)      An exemption in 1) only applies to the extent that specific conditional dimension limits are provided in section 12.

3)      In relation to a particular vehicle or component, if this notice provides for more than one dimension limit to apply in the same circumstances, the more restrictive dimension limit applies.

12.   Condition – Dimension limits

1)      Subject to network conditions set out in the Operator’s Guide, an eligible vehicle operating under this Notice must not exceed the dimension limits specified in Table 4 of this Notice.

2)      The centre lines of adjacent axles in an axle group on an overmass vehicle or combination must be at least 1.2 m apart.

Table 4: Maximum dimensions limits

3)      For this section, the width of a heavy vehicle must be measured in the same manner as in section 8 of the Heavy Vehicle (Vehicle Standards) National Regulation.

4)      An unladen low loader, low loader dolly or jinker, with 4 tyres on each axle, must not be wider than 2.5 m.

5)      An unladen low loader, low loader dolly or jinker, with 8 tyres on each axle, must not be wider than 2.7 m.

13.   Disapplication of Schedule 8 of the MDL Regulation

1)      The following provisions of Schedule 8 of the MDL Regulation are dis-applied for eligible vehicles operation under this Notice:

a)      Section 7 – Travel restriction at night

Note: The Guideline may specify requirements relating to night time travel for particular routes or areas relating to travel at night.

14.   Condition – Stated routes and Areas

1)      An eligible vehicle may operate on routes and in accordance with any conditions specified in the following document:

New South Wales Class 1 Load Carrying Vehicle Operator’s Guide

Note: This document is maintained by TfNSW and may be found on the National Heavy Vehicle Regulator website.

2)      For the purposes of section 119(1)(a) of the HVNL, an area or route specified in this section is a stated area or route to which this notice applies.

3)      An eligible vehicle operating on an area or route specified in this section must comply with the following conditions as specified for routes and areas set out on that area or route:

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.

David Hourigan

Chief of Safety and Productivity

National Heavy Vehicle Regulator