HEAVY VEHICLE NATIONAL LAW

New South Wales Class 3 Platform Container Exemption Notice 2023 (No.1)

1. Purpose

1)      This notice grants exemptions from mass and dimension requirements for a class 3 heavy vehicle that includes a semitrailer that is transporting loads on platform containers to and from port facilities.

2)      This notice revokes the New South Wales Class 3 Platform Container Exemption Notice 2018 (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 exemption Notice may be cited as the New South Wales Class 3 Platform Container Exemption Notice 2023 (No.1).

4.       Commencement date

This notice commences on 27 October 2023.

5.       Expiry date

This notice expires on 26 October 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, the following words have the same meaning as in s116 of the HVNL:

a)      large indivisible item; and

b)      low loader

3)      In this notice, platform container has the same meaning as set out in Part 8: Platform containers, of the Australian Standard 3711.8, and includes:

a)      Platform containers; and

b)      Platform-based containers with either complete or incomplete superstructures.

Note: This definition contains container types commonly known as:

Flat rack containers

Open top Containers

Bolsters

4)      In this Notice:

closed quad-axle group (also denoted as “4 @ 1.2”) means a group of—

a)      4 axles at least 1.2m apart; where

b)      the horizontal distance between the centre-lines of the outermost axles is not more than 4.9m.

closed quin-axle group (also denoted as “5 @ 1.2”) means a group of

a)      5 axles at least 1.2m apart; where

b)      the horizontal distance between the centre-lines of the outermost axles is not more than 4.9m.

closed tandem axle group (also denoted as “2 @ 1.2”) means a group of—

a)      2 axles at least 1.2m apart;  where

b)      the horizontal distance between the centre-lines of the 2 axles is not more than 2.0m.

closed tri-axle group (also denoted as “3 @ 1.2”) means a group of—

a)      3 axles at least 1.2m apart; where

b)      the horizontal distance between the centre-lines of the outermost axles is not more than 3.2m.

container approval plate has the same meaning as “approval plate” in the Marine Order 44 published by Australian Maritime Safety Authority.

Guide means the New South Wales Class 3 Platform Container Exemption Notice Operator’s Guide published by the NHVR, as amended from time to time.

Ground contact width means the distance between the outermost points of ground contact of the outside tyres on each end of an axle.

Port facility has the same meaning as the Ports and Maritime Administration Regulation 2021 (NSW).

skel trailer means a trailer consisting of a frame with no load carrying deck designed for the transportation of multi-modal shipping containers, including platform containers.

spread quad-axle group (also denoted as “4 @ 1.2, 2.4, 1.2”) means a group of 4 axles, where —

a)      the distance between the 1st and 2nd axle is at least 1.2m; and

b)      the distance between the 2nd and 3rd axle is at least 2.4m; and

c)       the distance between the 3rd and 4th axle is at least 1.2m; and

d)      the horizontal distance between the centre-lines of the outermost axles is not more than 4.9m.             

spread tandem axle group (also denoted as “2 @ 1.8”) means a group of—

a)      2 axles at least 1.8m apart; where

b)      the horizontal distance between the centre-lines of the 2 axles is not more than 2.0m.

spread tri-axle group means a group of—

a)      3 axles—

1. at least 1.8m apart (also denoted as “3 @ 1.8”); or
2. where the distance between the 1st and 2nd  axle is at least 1.2m and the distance between the 2nd and 3rd axle is at least 2.4m (also denoted as “3 @ 1.2, 2.4”); or
3. where the distance between the 1st and 2nd  axle is at least 2.4m and the distance between the 2nd and 3rd axle is at least 1.2m (also denoted as “3 @ 2.4, 1.2”);  and

b)      where the horizontal distance between the centre-lines of the outermost axles is not more than 3.7m.

tandem drive axle group means a tandem axle group consisting of 2 axles.

7.       Application

1)      This exemption notice applies to a class 3 heavy vehicle that meets all the requirements in this section.

2)      This exemption notice applies to a heavy combination consisting of a prime mover with a tandem drive axle towing:

a)      a low loader trailer; or

b)      a low loader dolly and low loader trailer; or

c)       a skel trailer or semi-trailer.

3)      This notice only applies to a vehicle specified in 1) if that vehicle is:

a)      transporting a large indivisible item in or on a platform container for the purpose of import or export only; and

b)      transporting one platform container only; and

c)       travelling to or from a port facility.

4)      This notice applies in New South Wales.

5)      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)      This section only applies to an eligible vehicle consisting of a prime mover towing:

a)      a low loader; or

b)      a low loader dolly and a low loader.

2)      An eligible vehicle stated under 1) 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(1)(a)(iv) and (v)– Mass limits for a combination; and

b)      section 4 as it relates to the mass limits specified in, Table 1 (Axle mass limits table) of Part 2, for the following axle groups:

1. a tandem axle group fitted with dual tyres on all axles; and
2. a tri-axle group fitted with dual tyres on all axles; and
3. a quad axle group fitted with dual tyres on all axles; and

c)       section 5 (1) – Mass limits relating to axle spacing generally.

3)      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.

4)      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 mass limit applies.

5)      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 – Mass (total mass of an eligible vehicle)

1)      The gross combination mass of an eligible vehicle must not exceed:

a)      77.5t, if the vehicle is fitted with any axle group with 4 tyres on each axle.

b)      100.0t if the vehicle is fitted with any axle group with 8 tyres on each axle.

10.   Conditions – Mass (Mass limits for types of axle groups)

1)      The mass on a single axle dolly with 4 tyres must not be more than 9.0t.

2)      The mass on a tandem axle dolly with 4 tyres on each axle must not be more than 18.5t.

3)      The mass on an axle group of a low loader dolly with 8 tyres on each axle must not be more than the relevant mass limit determined by the application of Table 1.

Table 1: Mass limits for 8-tyred single axle or tandem axle group low loader dolly

4)      The mass on an axle group of a low loader must not be more than the mass limit stated in Table 2, for the stated axle group configuration and minimum axle group ground contact width specified.

Table 2: Mass limits for low loader axle groups

11.   Conditions – Axle Spacing

1)      For a prime mover and low loader combination, the distance from the centre-line of the rear most axle of the prime mover to the centre-line of the foremost axle of the low loader must not be less than 6.0m.

2)      For a prime mover, low loader dolly and low loader combination, the distance from the centre-line of the rear most axle of the prime mover to the foremost axle of the low loader dolly fitted with 4 tyres on each axle must not be less than 2.6m.

3)      For a prime mover, low loader dolly and low loader combination, the distance from the centre-line of the rear most axle of the prime mover to the foremost axle of the low loader dolly fitted with 8 tyres on each axle must not be less than 3.2m.

4)      For a prime mover, low loader dolly and low loader combination, the distance from the centre-line of the rear most axle of the low loader dolly to the centre-line of the foremost axle of the low loader must not be less than 6.0m.

12.   Conditions – Loading conditions

1)      An eligible vehicle must comply with the following conditions:

a)      All goods carried by the eligible vehicle must be loaded on the single platform container allowed in s7(3)(b).

b)      A platform container may be loaded with more than one large indivisible item provided the additional large indivisible items do not exceed height or width dimensions that would not be exceeded if the platform container carried only one large indivisible item.

c)       A platform container loaded with one or more large indivisible items in conjunction with other goods must not allow the goods not considered indivisible to exceed the regulatory height and width dimensions when loaded on the platform container.

d)      For goods being carried on a platform container that do not trigger a dimension exemption, they must be contained within the platform container at regulatory height and width dimensions.

e)      If a load on an eligible vehicle can be safely loaded in more than one way, it must be loaded in a way that minimises the dimensions of the vehicle and its load to the greatest extent practicable.

13.   Exemption- Dimension Requirements

1)      An eligible vehicle operating under this Notice is exempt from the following dimension requirements of Schedule 6 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (the National Regulation):

a)      section 3(1)(a) – Length—general; and

b)      section 4(2) – Length—trailers; and

c)       section 5(1)(a) and (b) - Length—rear overhang; and

d)      section 7(1)—Width; and

e)      section 8(d)—Height; and

f)        sections 13(a)(ii) and 13(b)(ii)—Front and side projection of load.

2)      An exemption in 1) only applies to an eligible vehicle to the extent that specific conditional dimension limits are provided in sections 14.

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 mass limit applies.

14.   Conditions – Dimensions

1)      An eligible vehicle must not exceed a dimension limit mentioned in Table 3; or

Table 3 – Maximum Dimension Limits

2)      An eligible vehicle must comply with the lesser of:

a)      25% of the length of the vehicle; or

b)      for a vehicle length listed in column 1 of Table 4, the rear overhang in column 2.

Table 4 – Maximum rear overhang

3)      A loaded vehicle higher than 4.6m must carry its load on an eligible trailer with a deck height no more than 1.0m above the ground.

15.   Conditions – Pilots and escorts

An eligible vehicle must comply with pilot and escort requirements set out in the New South Wales Schedule of the Multi-State Class 1 Load Carrying Vehicle Dimension Exemption Notice.

16.   Conditions - Carriage of documents

The driver of an eligible vehicle must carry documentation that complies with the requirements of the “Import/Export Documentation” section of the Guide.

17.   Conditions - Special requirements relating to indivisible items

1)      An eligible vehicle must only:

a)      carry a maximum of one platform container; and

b)      if carrying more than one large indivisible item on a platform container, the mass of the container and the load together must not exceed the gross container mass as stated on the container approval plate.

18.   Conditions – Application of Schedule 8 of the MDL Regulation

1)      An eligible vehicle must comply with the following conditions from Schedule 8 of the MDL Regulation as though it were a class 1 vehicle:

a)      Part 1;

1. Division 1 - All
2. Division 2 - Section 12 and 14
3. Division 5 – All

b)      Part 3 - All

Note: Section 13 of Schedule 8 is specifically not applied by this section. However, a modified version of the conditions in s13 of Schedule 8 are applied in s16(2) of this Notice.

19.   Condition – stated areas or routes

1)      An eligible vehicle complying with the conditions of this notice is authorised to access the stated routes and areas specified in the following network:

NSW Oversize Overmass Load Carrying Vehicles Network

2)      Access to the network in 1) is limited to State controlled roads and roads managed by Road Managers listed in the “Participating Road Manager” section of the Guide.

3)      For the purposes of section 119(1)(a) of the HVNL the network specified in 1) is a stated route to which this notice applies.

4)      An eligible vehicle operating under this Notice that is more than 4.3m and up to 5.0m high may only operate on a route that is also approved for 4.6m high vehicles as displayed on the ‘NSW Oversize Overmass Load Carrying Vehicles Network’ map. To be clear, vehicles greater than 4.6m high and up to 5.0m high may operate under this section on this network.

Note: This notice applies certain conditions from Schedule 8 of the MDL Regulation as though eligible vehicles are class 1. This specifically includes the requirement to assess routes under section 11 of Schedule 8.

5)      An eligible vehicle must also comply with any conditions stated in the following parts of the New South Wales Class 1 Load Carrying Vehicle Operator’s Guide relevant to eligible vehicles:

Part A New South Wales Class 1 Load Carrying Vehicle Notice

Part B New South Wales Schedule of the Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice

Part C New South Wales Schedule of the Multi-State Class 1 Load Carrying Vehicles Mass Exemption Notice

6)      An eligible vehicle operating on an area or route specified in this notice must comply with the following conditions specified for 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.

Peter Austin

Director, Policy Implementation

National Heavy Vehicle Regulator