HEAVY VEHICLE NATIONAL LAW

New South Wales Class 3 Port Botany Container Transportation Mass Exemption Notice 2024 (No.1)

1        Purpose

1) This notice grants exemptions from mass requirements for certain configurations of eligible class 3 heavy vehicles transporting over-mass freight containers from a Stevedore’s Terminal at Port Botany to a prescribed Container Freight Station.

Note: This notice operates in conjunction with the New South Wales Class 2 and 3 Port Botany Container Transportation Mass Exemption Notice Operator’s Guide.

2        Authorising Provision

1) This notice is made under the following section 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 notice may be cited as the New South Wales Class 3 Port Botany Container Transportation Mass Exemption Notice 2024 (No.1).

4        Commencement

This notice commences on 11 June 2024.

5        Expiry

This notice expires on 10 April 2029.

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:

Container Freight Station (CFS) means a CFS prescribed in the Guide.

Guide means the New South Wales Class 2 and 3 Port Botany Container Transportation Mass Exemption Notice Operator’s Guide published by the National Heavy Vehicle Regulator, as amended from time to time.

MDL Regulation means the Heavy Vehicle National (Mass, Dimension and Loading) Regulation.

Prescribed Stevedore’s Terminal means a cargo terminal prescribed in the Guide.

7        Application

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

2)      This notice applies to a vehicle that is one of the following categories, and that is carrying a load of one or more freight containers from a Prescribed Stevedore’s Terminal:

a)      a rigid truck;

b)      a prime mover and semi-trailer combination that has an overall length not exceeding 19 metres, and not more than 6 axles in total;

c)       a B-double that has an overall length not exceeding:

(i)            19 metres, and not more than 7 axles in total; or

(ii)            23 metres, and not more than 8 axles in total; or

(iii)            26 metres, and 9 axles in total.

3)      A 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 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) applies to an eligible vehicle only to the extent that specific conditional mass limits are provided in section 9 of this notice.

3) Regardless of any conditional masses prescribed in this notice an eligible vehicle must not exceed manufacturer mass limits as defined in section 8 of the MDL Regulation.

9        Conditions - Mass Limits

An eligible vehicle operating under this notice must not exceed the mass limits specified in Table 1.

Table 1 Axle mass limits

10. Condition – stated areas or routes

1)      An eligible vehicle complying with the conditions of this notice is authorised to operate on areas and routes stated in this section.

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

3)      An eligible vehicle may operate on the areas and routes as listed in ‘Schedule 1 – Approved Routes and Condition’ of the Guide.

4)      Regardless of any access granted under this section, an eligible vehicle must comply with any conditions or restrictions applied to a given area or route by the Specified Road Manager Network Requirements in the Guide.

5)      In this section:

Network means a map or stated route, including a list or database, presented electronically or otherwise, that represents the stated areas and stated routes authorised under this notice.

6)      An eligible vehicle operating on an area or route specified in a schedule must comply with any of the following conditions prescribed 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