2014 LGA Roads & Work Conference – 27, 28 & 29 August

Big Wheels Keep on RollingIntroduction of the Heavy Vehicle National Law

Introduction

On 10 February 2014 the Heavy Vehicle National Law (HVNL) commenced in six jurisdictionso Queenslando New South Waleso Victoriao South Australiao Australian Capital Territoryo Tasmania

From this date the National Heavy Vehicle Regulator (NHVR) became responsible for the regulation of all vehicles with a GVM > 4.5tonne

Big Wheels Keep on Rolling– Introduction of the Heavy Vehicle National Law

What were the implications for South Australia?

The NHVR became responsible for granting access to the road network via a mass and dimension notice or permit

The HVNL introduced the concept of a “Road Manager” - who is an authority, person or body responsible for the care, control or management of a road

In South Australia the Commissioner of Highways, along with Councils were deemed to be Road Managers

Under the HVNL the Road Manager is responsible for providing consent to the NHVR for heavy vehicles to:o access the road network, ando determining the appropriate road and travel conditions that may apply to

that access

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

Impacts of the HVNL on Heavy Vehicle Operators

From 10 February, 2014, Transport Agencies such as DPTI no longer had direct control over the issue of a mass and dimension permit and/or notice

All applications for a permits were required to be submitted to the NHVR in Queensland

Chapter 4 of the HVNL required consent be sought from all Road Managers prior to a permit being issued

Prior to the introduction of the HVNL the term Road Manager did not exist and no explicit requirement for consent existed in the Road Traffic Act, 1961

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

Impacts (cont)

Prior to the commencement of the HVNL approx 116 000 permits were issued p/annum – this equated to 450 permits per day

South Australia issued approx 16 500 permits p/annum – this equated to 65 permits per day

The requirement to obtain explicit consent in conjunction with system failures within the NHVR’s office resulted in significant delays to the heavy vehicle industry in receiving permits

Large sections of the heavy vehicle industry such as Oversize / Overmass, Special Purpose Vehicles sectors who rely heavily on permits to operate vehicles on road were unable function effectively or efficiently

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

The Interim Solution

As a result of the delays DPTI accepted a delegation from the NHVR which took effective from Wednesday 26 February 2014

The delegation from the NHVR provided for DPTI to undertake the following functions on their behalf:

o issues permits for Class 1 and Class 3 vehicles for travel within South Australia

o obtain consent from Road Managers for access in relation to applications for Class 1 or 3 permits

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

Definition of a Class 1 Heavy Vehicle

S116 (1) of the HVNL defines a class 1 heavy vehicle as follows: A heavy vehicle is a class 1 heavy vehicle if it, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it, and –

(a) it is a special purpose vehicle; or

(b) it is an agricultural vehicle other than an agricultural trailer, or

(c) it –

(ii) is a heavy vehicle carrying, or designed for the purpose of carrying, a large indivisible item, including, for example, a combination including a low loader, but

(ii) is not a road train or B-double, or carrying a freight container designed for multi-modal transport.

 

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

Definition of a Class 1 Heavy Vehicle (cont)

S116 (2) of the HVNL defines an agricultural trailer as a class 1 heavy vehicle, irrespective of whether it, together with its load, does or does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it.

 

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

Definition of a Class 3 Heavy Vehicle

S116 (3) of the HVNL defines a class 3 heavy vehicle as follows: A heavy vehicle is a class 3 heavy vehicle if –

(a) it, together with its load, does not comply with a prescribed mass requirement or prescribed dimension requirement applying to it, an

(b) it is not a class 1 heavy vehicle.

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

What the NHVR Delegation Doesn’t Cover

The delegation from the NHVR does not cover permit applications for the following:

o Class 2 vehicles such as B-doubles, Road Trains o Interstate travel by Class 1 or 3 vehicles

Applications for these vehicles are processed by the NHVR who will contact Road Managers via email seeking consent for the requested access

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

Why Pre-approvals?

Prior to the 10 February, 2014 DPTI commenced work on:

o identifying permit based schemes (categories of vehicles issued with permits on a regular basis)

o that contained both DPTI and Council roads

The aim of this exercise:o streamline processeso reduce the administrative burden on individual Road Managers by

gaining pre-approved consent for high volume permit applications

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

Initial focus for gaining pre-approved consent has been on the high volume permit applications such as:

o renewal of annual permits with no alterations to the routes previously provided or to road or travel conditions

o applications for single trip or limited trips and the duration of the permit is up to 1 month; and

the gross vehicle mass for the vehicle is less than 100 tonnes; and

the vehicle or load is less than 5 metres wide

Focus of the Pre-approvals for South Australia

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

Focus (cont)

In early February the first round of requests for pre-approvals were forwarded to Councils in the form of an Instrument of Authorisation

In mid July 2014 a follow up letter was forwarded to Chief Executives of Councils providing further information in relation to the Instrument

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

Why an Instrument of Authorisation?

No powers exist in the HVNL that allows a Road Manager to delegate its statutory decision making powers to an another entity

No power of delegation in s44 of the Local Government Act, 1999 that extends to the Commissioner of Highways or it’s employees

Instrument is based on the Carltona Principle - which provides for a person to whom a statutory power is vested in to rely on an implied power to authorise an official to exercise the statutory on the person’s behalf

In this instance the Instrument is authorising DPTI to exercise the powers and functions of a Road Manager under the HVNL

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

What’s next for Pre-approvals

Class 1 - Oversize Vehicles/Loads up to 5m

o Carrying indivisible items up to 5.0m wide, 4.9m high (subject to SA Power Networks clearances) and 30m in length,

o Vehicles included in this pre-approval are: Trailer boats up to 2.9m wide Baled hay (square) up to 4.6m high Baled hay (round) up to 4.6m high and/or 3.4m wide Rolls of plastic pipe up to 3.5m wide Logs & railway sleepers loaded across the tray up to 2.75m wide Concrete Pipes loaded across the tray up to 2.6m wide Pin Jib Crane Boom sections up to 3.5m wide

 

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

What’s next for Pre-approvals (cont) Class 1 - Special Purpose Vehicle

o Up to 4 axles with a gross vehicle mass of 40 tonne that exceed statutory axle mass limits and /or dimension limits,

o Vehicles included in this pre-approval are:

Concrete Pumps – up to 2.5m wide and 12.5m long Drill Rigs – up to 2.5m and 12.5m long Elevating Platform (Cherry Pickers) - up to 2.5m wide and 12.5m

long Truck based cranes – up to 2.5m wide and 12.5m long Pick and carry cranes - up to 2.5m wide and 14.5m long with a

forward boom projection up to 5.00m Carrier mounted mobile cranes – up to 3.05m wide and/or 14.5m

long

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

What’s next for Pre-approvals (cont) Class 1 Oversize Vehicles/Loads up to 9m

o Vehicles carrying indivisible items up to 9.0m wide, 6m high and 50m in length

o Includes travel on the Over dimensional routes (OD3, OD4, OD5, OD6 and Yorkeys Crossing)

o Vehicles included in this pre- approval are as follows:

Transportable houses

Transport of Mining Trucks/Equipment

 

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law

FURTHER INFORMATION

DPTI Vehicle Permits Team – Phone 1300 882 249

DPTI NHVR Project Team – Phone (08) 8343 2904

NHVR – 1300 696 487

 

Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law