HEAVY VEHICLE NATIONAL LAW
New South Wales Class 1 Road Construction Vehicle Mass and Dimensions Exemption Notice 2023 (No.1)
1) This notice grants exemptions from mass and dimension requirements for a class 1 heavy vehicle that is used on construction work sites.
2) This notice revokes the New South Wales Class 1 Road Construction 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 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 Road Construction Vehicle Mass and Dimension 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:
Guide means the New South Wales Class 1 Road Construction Vehicle Mass and Dimension Exemption Notice Operator’s Guide published by the National Heavy Vehicle Regulator, and as amended from time to time
Construction Vehicle means a motor vehicle specially constructed for earthmoving or to transport water and includes dump trucks, water trucks and scrapers.
Primary Production has the same meaning as in the Road Transport (Vehicle Registration) Regulation 2017.
Roads authority has the same meaning as the Roads Act 1993 (NSW).
Traffic Control Plan means a diagram showing signs and devices arranged to warn traffic and guide it around, past or, if necessary through a work site or temporary hazard and showing such detail as the location, spacing and sizes of all signs and devices, the location and lengths of tapers, all pavement markings and delineators, any containment or safety fencing, flashing arrow signs, portable traffic signals, variable message signs, roadwork speed zones, pedestrian routes and any other devices required for guidance at the work site.
Note: A Traffic Control Plan may include a plan required under a relevant guideline issued by TfNSW or a Relevant Roads Authority.
Vehicle Movement Plan means a diagram showing preferred travel paths for vehicles associated with a work site entering, leaving or crossing traffic and showing travel paths for construction vehicles.
Note: A Vehicle Movement Plan may include a plan required under a relevant guideline issued by TfNSW or a relevant Road Manager.
Work Site means an area of road, bridge or road reserve where construction or maintenance work is being done including areas where trucks and machines engaged in the work assemble and manoeuvre.
7. Application
1) This notice applies to a Class 1 heavy vehicle that meets all the requirements in this section.
2) This notice applies to a heavy vehicle that is a construction vehicle.
3) This notice only applies to a vehicle specified in 1) if:
a) the construction vehicle is being driven directly across a road or road related area that intersects with or traverses a work site, and
b) it is being operated under a traffic control plan or a vehicle movement plan, and
c) the traffic control plan or vehicle movement plan that complies with a relevant guideline issued by TfNSW or a relevant Roads Authority, and
d) the vehicle is conditionally registered under the Road Transport (Vehicle Registration) Regulation 2017, and
e) the construction vehicle is not engaged in primary production.
4) This notice applies in the following participating jurisdictions:
a) New South Wales;
5) This notice applies in a participating jurisdiction subject to the conditions provided in the body of this notice and the conditions of the Schedule relevant to that jurisdiction.
6) A heavy vehicle to which this section applies and that complies with the conditions of this notice is an eligible vehicle.
8. Exemption –Mass and Dimension
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 2 – Dimension Requirements
Peter Austin
Director, Policy Implementation
National Heavy Vehicle Regulator