New South Wales regulation

Heavy Vehicle (Mass, Dimension and Loading) National Regulation (NSW)

In ForceNSW

Jurisdiction

New South Wales

Act Number

247a of 2013

Collection

regulation

Plain English Summary

8/10 complexity

This Regulation sets the technical rules for how heavy vehicles may be loaded, how big they can be, and how much they can weigh. It defines detailed mass, dimension and loading limits, exceptions (concessions, higher limits, allowances) and equipment/marking requirements, and creates permit and declaration processes for authorised heavier use (see s6; ss12–26).

Vehicle operators pay for compliance (accreditation, permit fees) and must meet equipment, loading and route conditions enforced by the Regulator and relevant road managers; breaches attract fines (see Schs 1, 2, 5B; ss21,24,28).

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What it does

This Regulation prescribes the national mass, dimension and loading rules that apply to heavy vehicles for the purposes of the Heavy Vehicle National Law (the Law). Mechanically it does four principal things.

It sets out detailed mass limits and the framework for exceptions. Schedule 1 contains the “general mass limits” (s 6(2)), including axle and axle‑spacing mass tables (Schedule 1 Part 2, Tables 1-4). Schedules 2-5B provide the principal exceptions: concessional mass limits (Schedule 2), quad‑axle PBS exceptions (Schedule 4), higher mass limits (Schedule 5), a one‑tonne tri‑axle transfer allowance (Schedule 5A) and a Euro VI mass transfer allowance (Schedule 5B). Section 6 declares the schedules and Part 2 to be prescribed mass requirements for the Law (s 6(1)-(4)). The Regulation makes clear these mass rules apply whether or not a vehicle is loaded (s 6(5)).
It prescribes dimension requirements. Schedule 6 contains the prescribed dimension requirements for the Law (s 37). That Schedule fixes maximum length, width, height, rear overhang and other dimensional measurements and supplies rules for how to measure them (for example, rear overhang and rear overhang line definitions in Schedule 6 Part 1, s 1).
It prescribes loading requirements and restraint performance standards. Schedule 7 sets behavioural duties about loading, securement and a performance standard for restraint systems (Schedule 7, ss 1-2). It also provides the engineer‑certification pathway when a mass or dimension exemption applies (Sch 7 s 2(4)).
It establishes an administrative regime for higher mass limits (HML) and mass/dimension exemptions. The Regulator can declare areas or routes where higher mass limits apply by Gazette notice (s 12) and may issue HML permits for specific vehicles or vehicle categories (ss 20-26). Declarations and permits are subject to conditions including required road manager consents (ss 13-15, 22-24), intelligent access requirements (s 14(3), s 15(1)(b), s 16), and an amendment/suspension process that includes immediate suspension powers (ss 17-19, 30-33). Part 5 and Schedule 8 set out standard conditions for class 1 mass/dimension exemptions (Sch 8 Parts 1-3).

Current sections

Direct links to the current provisions in Heavy Vehicle (Mass, Dimension and Loading) National Regulation (NSW).

Part 1

Preliminary

Part 1 Preliminary

Short title

1 Short title

This Regulation may be cited as the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (NSW).

Commencement

2 Commencement

This Regulation commences in a participating jurisdiction on the day on which Chapter 4 of the Law commences in that jurisdiction.

Note—

In this Regulation, a reference to ‘the Law’ is a reference to the Heavy Vehicle National Law. See section 12(2) of Schedule 1 of the Heavy Vehicle National Law.

Definitions

3 Definitions

In this Regulation—

6-tyred tandem axle group means a tandem axle group fitted with 6 tyres.

ADR (Definitions and Vehicle Categories) means the ADR titled ‘Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005’.

agricultural combination means a combination consisting of at least 1 agricultural vehicle.

approved air suspension system, in relation to a bus, means a suspension system in which—

(a) vertical movement between each axle and the body of the bus is controlled by variations in the air pressure in an air spring; and

(b) the proportion of the bus’s mass borne by the air spring remains substantially constant despite variations in the air pressure in the air spring.

axle group, for Schedule 1, includes a group of at least 5 axles.

centre, of an axle group, has the same meaning as it has in section 4 of the Heavy Vehicle (Vehicle Standards) National Regulation (NSW).

certified road-friendly suspension system means a suspension system certified as a road-friendly suspension system by the Vehicle Safety Standards Branch of the Commonwealth Department of Infrastructure and Transport in accordance with the Vehicle Standards Bulletin Number 11 (revised edition) published by that branch in July 2004.

Notes—

CML heavy vehicle means a heavy vehicle to which, or to a component of which, the concessional mass limits apply as provided by Schedule 2.

complying anti-lock braking system, for an eligible 2-axle bus or an eligible 3-axle bus, means an anti-lock braking system that complies with—

(a) if a version of ADR 35 later than ADR 35/01 applied to the bus at the bus’s date of manufacture—the version of ADR 35 that applied to the bus at the bus’s date of manufacture or a later version of ADR 35; or

(b) otherwise—ADR 35/01 or a later version of ADR 35.

complying bus means a bus with 2 or 3 axles, 1 of which is a steer axle, that is fitted with an approved air suspension system and meets—

(a) the emergency exit specifications in ADR 44; and

(b) the rollover strength specifications in ADR 59; and

(c) the occupant protection specifications in ADR 68.

complying steer axle vehicle means a heavy vehicle with a single steer axle if the vehicle has all of the following—

(a) an engine complying with the emission control requirements contained in—

(i) ADR 80/01 or a later version of ADR 80; or

(ii) if a version of ADR 80 later than ADR 80/01 applied to the vehicle at the vehicle’s date of manufacture—the version of ADR 80 that applied to the vehicle at the vehicle’s date of manufacture or a later version of ADR 80;

(b) a front underrun protection device that complies with UN ECE Regulation No. 93 or ADR 84–Front Underrun Impact Protection;

(c) a cabin that complies with UN ECE Regulation No. 29;

(d) appropriately rated tyres, axle and suspension to permit 6.5t on the steer axle;

(e) a GVM of 15t or more.

concessional mass limits means the concessional mass limits stated in section 2 of Schedule 2.

dog trailer has the same meaning as it has in section 4 of the Heavy Vehicle (Vehicle Standards) National Regulation (NSW).

drawbar has the same meaning as it has in section 4 of the Heavy Vehicle (Vehicle Standards) National Regulation (NSW).

driving axle, in relation to a vehicle, means an axle driven by the vehicle’s engine.

dual-drive tandem axle group means a tandem axle group consisting of 2 axles, both of which are a driving axle for a vehicle.

eligible 2-axle bus—

1 A bus is an eligible 2-axle bus if the bus—

(a) was manufactured before 1 January 2016; and

(b) has 2 axles, 1 of which is a single-drive axle fitted with dual tyres; and

(c) is 1 of the following—

(i) a complying bus;

(ii) an ultra-low floor bus;

(iii) a bus, other than an ultra-low floor bus, that is authorised to carry standing passengers;

(iv) a bus, other than an articulated bus, whose length is more than 12.5m but not more than 14.5m; and

(d) is fitted with—

(i) a complying anti-lock braking system; or

(ii) a vehicle stability function that complies with the version of UN ECE Regulation No. 13 that applied to the bus at the bus’s date of manufacture or a later version of UN ECE Regulation No. 13.

Note—

A vehicle stability function is also known as electronic stability control or ESC.

2 A bus is also an eligible 2-axle bus if the bus—

(a) was manufactured on or after 1 January 2016; and

(b) has 2 axles, 1 of which is a single-drive axle fitted with dual tyres; and

(c) is 1 of the following—

(i) a complying bus;

(ii) an ultra-low floor bus;

(iii) a bus, other than an ultra-low floor bus, that is authorised to carry standing passengers;

(iv) a bus, other than an articulated bus, whose length is more than 12.5m but not more than 14.5m; and

(d) is fitted with—

(i) a complying anti-lock braking system; and

(ii) either—

(A) an eligible electronic braking system; or

(B) a vehicle stability function that complies with the version of UN ECE Regulation No. 13 that applied to the bus at the bus’s date of manufacture or a later version of UN ECE Regulation No. 13.

eligible 3-axle bus—

1 A bus is an eligible 3-axle bus if the bus—

(a) was manufactured before 1 January 2015; and

(b) has 3 axles, including a rear tandem axle group fitted with single tyres on 1 axle and dual tyres on the other axle; and

(c) is 1 of the following—

(i) a complying bus;

(ii) a bus, other than an articulated bus, whose length is more than 12.5m but not more than 14.5m;

(iii) an ultra-low floor bus;

(iv) a bus, other than an ultra-low floor bus, that is authorised to carry standing passengers under an Australian road law; and

(d) is fitted with—

(i) a complying anti-lock braking system; or

(ii) a vehicle stability function that complies with the version of UN ECE Regulation No. 13 that applied to the bus at the bus’s date of manufacture or a later version of UN ECE Regulation No. 13.

Note—

A vehicle stability function is also known as electronic stability control or ESC.

2 A bus is also an eligible 3-axle bus if the bus—

(a) was manufactured on or after 1 January 2015; and

(b) has 3 axles, including a rear tandem axle group fitted with single tyres on 1 axle and dual tyres on the other axle; and

(c) is 1 of the following—

(i) a complying bus;

(ii) a bus, other than an articulated bus, whose length is more than 12.5m but not more than 14.5m;

(iii) an ultra-low floor bus;

(iv) a bus, other than an ultra-low floor bus, that is authorised to carry standing passengers under an Australian road law; and

(d) is fitted with a complying anti-lock braking system; and

(e) for a type of bus mentioned in paragraph (c)(i) or (ii)—is fitted with—

(i) an eligible electronic braking system; or

(ii) a vehicle stability function that complies with the version of UN ECE Regulation No. 13 that applied to the bus at the bus’s date of manufacture or a later version of UN ECE Regulation No. 13.

eligible electronic braking system, for an eligible 2-axle bus or an eligible 3-axle bus, means a service brake system operating on the wheels of the bus that—

(a) is primarily activated by electronic means; and

(b) has a secondary means of activation if the electronic means of activation fails.

Example of secondary means of activation—

pneumatic activation

Euro VI vehicle (complying steer axle)—

(a) means a heavy motor vehicle with a single steer axle that—

(i) has an engine complying with the requirements about emission control contained in ADR 80/04 or a later version of ADR 80; and

(ii) has a front underrun protection device that complies with UN ECE Regulation No. 93 or ADR 84; and

(iii) has a cabin that complies with UN ECE Regulation No. 29; and

(iv) has appropriately rated tyres, axle and suspension to permit 7.0t on the steer axle; and

(v) is fitted with tyres with section widths of at least 315mm; and

(vi) has a GVM of 15t or more; but

(b) does not include—

(i) a bus; or

(ii) a heavy motor vehicle forming part of a road train.

Euro VI vehicle mass transfer allowance means the mass transfer allowance stated in section 1 of Schedule 5B.

Euro VI vehicle (single steer axle)—

(a) means a heavy motor vehicle with a single steer axle, other than a complying steer axle vehicle, that—

(i) has an engine complying with the requirements about emission control contained in ADR 80/04 or a later version of ADR 80; and

(ii) has appropriately rated tyres, axle and suspension to permit 6.5t on the steer axle; but

(b) does not include—

(i) a bus; or

(ii) a heavy motor vehicle forming part of a road train.

Euro VI vehicle (twinsteer)—

(a) means a heavy motor vehicle with a twinsteer axle group that—

(i) has an engine complying with the requirements about emission control contained in ADR 80/04 or a later version of ADR 80; and

(ii) has a load-sharing suspension system for the axle group; and

(iii) has appropriately rated tyres, axles and suspension to permit 11.5t on the axle group; and

(iv) is fitted with tyres with section widths of at least 275mm; but

(b) does not include—

(i) a bus; or

(ii) a heavy motor vehicle forming part of a road train.

front articulation point, in relation to a trailer used in a heavy combination, means the point of articulation at the front of the trailer, which may, and may only, be any of the following—

(a) the vertical axis of a kingpin used with a fifth wheel coupling;

(b) the vertical axis of rotation of a fifth wheel coupling;

(c) the vertical axis of rotation of a turntable;

(d) in relation to a trailer that is a dog trailer, the vertical axis of rotation of the front axle group, or single axle, of the trailer;

(e) in relation to a trailer that is a semitrailer, the imaginary vertical line passing through the pivot point for a coupling fitted to the semitrailer or tag trailer.

Examples—

Point of articulation—fifth wheel coupling on a converter dolly (forming the front axle group of a dog trailer)

Point of articulation—kingpin fitted to a fifth wheel coupling

general mass limits has the meaning given by section 6(2).

higher mass limits means, in relation to a heavy vehicle to which the higher mass limits mentioned in section 1 of Schedule 5 apply as provided by the section, the higher mass limits stated in section 2 of Schedule 5.

HML area, in relation to an HML heavy vehicle, means an area within which the vehicle is authorised to be used under the higher mass limits under—

(a) an HML declaration; or

(b) an HML permit.

HML declaration has the meaning given by section 12(2).

HML heavy vehicle means a heavy vehicle to which the higher mass limits mentioned in section 1 of Schedule 5 apply as provided by the section.

HML permit has the meaning given by section 20(2).

HML route, in relation to an HML heavy vehicle, means a route on which the vehicle is authorised to be used under the higher mass limits under—

(a) an HML declaration; or

(b) an HML permit.

jinker means a trailer—

(a) comprising an axle or axle group built to support a load that is being transported by the trailer and its towing vehicle; and

(b) connected to the towing vehicle by a pole or cable or the load itself, if any.

LED technology means light-emitting diode technology.

light vehicle standards means the standards with which a vehicle other than a heavy vehicle must comply before it may be registered under a law of a participating jurisdiction providing for the registration of vehicles other than heavy vehicles.

load-carrying vehicle means a heavy vehicle carrying, or designed for the purpose of carrying, a large indivisible item, including, for example, a combination including a low loader.

load-sharing suspension system, of an axle group, means a suspension system—

(a) built to divide the load between the tyres on the group so no tyre carries a mass more than 10% above the mass it would carry if the load were divided equally; and

(b) with effective damping characteristics on all axles of the group.

low loader has the same meaning as it has in section 116(4) of the Law.

low loader dolly means a device for distributing mass that—

(a) is usually coupled between a prime mover and low loader; and

(b) consists of a rigid frame of a gooseneck shape; and

(c) does not directly carry any load; and

(d) is equipped with 1 or more axles, a kingpin and a fifth wheel coupling.

major road means a road declared to be a major road for this Regulation under Division 2 of Part 5.

mass exception has the meaning given by section 6(3).

one tonne tri-axle mass transfer allowance means the mass transfer allowance stated in section 1 of Schedule 5A.

police vehicle means a motor vehicle driven by a police officer in the course of the police officer’s duty.

quad axle group mass exception limits means the quad axle group mass exception limits stated in section 1 of Schedule 4.

radial ply tyre means a radial ply tyre within the meaning of ADR (Definitions and Vehicle Categories).

rear overhang has the meaning given by section 1 of Schedule 6.

rear overhang line has the meaning given by section 1 of Schedule 6.

relevant participating jurisdiction, in relation to an HML declaration, means a participating jurisdiction in which the whole or part of an area or route the subject of the declaration is situated.

relevant road manager, in relation to an HML declaration or HML permit, means a road manager for a road in an area or on a route the subject of the declaration or permit.

retractable axle means an axle that can be raised so the tyres on it do not touch the ground.

road manager consent provisions means Division 2 of Part 4.7 of the Law.

section width, of a tyre, has the meaning given by section 4.

single axle group means a group of 2 or more axles in which the horizontal distance between the centre-lines of the outermost axles is less than 1m.

single-drive axle means a single axle that transmits automotive power.

single-drive tandem axle group means a tandem axle group consisting of 2 axles, only 1 of which is a driving axle for a vehicle.

special purpose vehicle has the same meaning as it has in section 116(4) of the Law.

steerable axle means a single axle that connects the wheels of a vehicle to a steering mechanism for the vehicle.

steer axle means the front steerable axle used to steer the vehicle.

tag trailer means a trailer—

(a) with 1 axle group or a single axle towards the rear of its load-carrying surface; and

(b) connected to a towing vehicle by a drawbar.

transport enforcement vehicle means a motor vehicle marked as a vehicle of a road authority for a participating jurisdiction and used by the authority for the purposes of investigating or prosecuting an offence against an Australian road law.

turntable has the same meaning as it has in section 4 of the Heavy Vehicle (Vehicle Standards) National Regulation.

ultra-low floor bus means a bus that—

(a) has stairless entry; and

(b) is accessible to wheelchairs; and

(c) is authorised to carry standing passengers.

UN ECE Regulation means an addendum to the United Nations Agreement Concerning the Adoption of Uniform Conditions of Approval and Reciprocal Recognition of Approval for Motor Vehicle Equipment and Parts done at Geneva on 20 March 1958.

urban area means an area declared to be an urban area for this Regulation under Division 2 of Part 5.

warning light, in Schedule 8, means a warning light complying with Division 1 of Part 3 of Schedule 8.

warning pattern means a pattern covering an area of at least 0.16m2 and consisting of diagonal stripes at least 150mm wide and alternately coloured—

(a) red and white; or

(b) black and white.

warning sign, in Schedule 8, means a warning sign complying with Division 2 of Part 3 of Schedule 8.

wheelbase, in relation to a vehicle, means the distance from the centre line of the vehicle’s foremost axle to the rear overhang line.

yellow, in relation to a light, includes amber.

s 3: Am 2014 (651), sec 4; 2015 (824), sec 19; 2017 (329), sec 10; 2018 (299), sec 11; 2019 (583), sec 4; 2024 (470), sec 4.

Meaning of section width of tyre

4 Meaning of section width of tyre

4 Meaning of section width of tyre

(1) The section width of a tyre is the tyre’s width worked out under subsections (2) to (4).

(2) The tyre width of a radial ply tyre is the number of millimetres marked on the tyre in the position labelled ‘section width in mm’ in the following diagram—

Position of section width marking on radial ply tyre

(3) The tyre width of a bias-belted tyre is the number of millimetres equal to 25.4 times the number marked on the tyre in the position labelled ‘width code in inches’ in the following diagram—

Position of width code marking on bias-belted tyre

(4) The tyre width for another type of tyre is the width of the part of the tyre that normally comes into contact with the road surface.

(5) In this section—

bias-belted tyre means a bias-belted tyre within the meaning of ADR (Definitions and Vehicle Categories).

Application of Regulation in relation to a retractable axle

5 Application of Regulation in relation to a retractable axle

(1) This section applies for the purpose of applying a provision of this Regulation in relation to a heavy vehicle that has a retractable axle if, in the circumstances to which the provision is being applied, the axle is retracted.

(2) If the provision imposes mass limits on a single axle or axle group—

(a) the mass limits do not apply to the retracted axle; and

(b) the retractable axle is to be disregarded in determining whether more than 1 axle is a particular type of axle group.

(3) If the provision imposes mass limits relating to axle spacing of a heavy vehicle, the retracted axle is to be disregarded in determining the axle spacings of the vehicle.

(4) If the provision imposes dimension requirements in relation to distances measured by reference to a single axle or axle group, the retracted axle is to be disregarded.

(5) In this section—

retracted, in relation to an axle, means a retractable axle that is raised so that the wheels of the axle do not touch the ground.

References to axles or axle groups fitted with dual tyres

5A References to axles or axle groups fitted with dual tyres

(1) A reference in this Regulation to an axle fitted with dual tyres includes an axle fitted with 2 or more sets of dual tyres.

(2) A reference in this Regulation to an axle group fitted with dual tyres includes an axle group in which an axle is fitted with 2 or more sets of dual tyres.

(3) For subsections (1) and (2), an axle is fitted with—

(a) a set of dual tyres, consisting of 4 tyres in total, if dual tyres are fitted to each end of the axle; and

(b) 2 or more sets of dual tyres if dual tyres are fitted to each end of the axle and at positions along the axle between the tyres fitted to each end of the axle.

s 5A: Ins 2019 (583), sec 5.

Safer freight vehicles

5B Safer freight vehicles

(1) The requirements imposed by this section are prescribed for the purposes of the definition of safer freight vehicle in section 153A(2) of the Law.

(2) The heavy vehicle, together with its load, must not be—

(a) higher than 4.3m; or

(b) wider than 2.55m; or

(c) longer than 12.5m.

(3) The heavy vehicle must also comply with the requirements of the following, so far as they are applicable—

(a) ADR 14/03 or a later version of ADR 14;

(b) ADR 35/07 or a later version of ADR 35;

(c) ADR 97/00 or a later version of ADR 97;

(d) ADR 99/00 or a later version of ADR 99.

(4) The heavy vehicle must also comply with the requirements of ADR 105/00, or a later version of ADR 105, so far as they are applicable, if the heavy vehicle has a GVM of more than 8t.

(5) If the heavy vehicle is a truck, the heavy vehicle must also—

(a) comply with ADR 106/00 or a later version of ADR 106; and

(b) be fitted with conspicuity markings that comply with ADR 13/00 or a later version of ADR 13.

s 5B: Ins 2024 (126), sec 4.

Part 2

Mass requirements

Part 2 Mass requirements

Division 1

Prescribed mass requirements and related provisions

Division 1 Prescribed mass requirements and related provisions

Prescribed mass requirements

6 Prescribed mass requirements

(1) The mass requirements imposed by this Division and Schedules 1 to 5B are prescribed mass requirements for the purposes of section 95 of the Law.

(2) Schedule 1 imposes mass limits that apply generally to a heavy vehicle or to components of a heavy vehicle (the general mass limits).

(3) The general mass limits are subject to exceptions (each a mass exception) provided under section 7 and Schedules 2 to 5B in relation to a heavy vehicle or a component of a heavy vehicle.

Note—

A component, for example, may be a vehicle towing another vehicle, a vehicle being towed, a single axle, an axle group or a tyre.

(4) Sections 8 to 10 impose requirements based on manufacturer’s mass limits or other mass limits.

(5) The prescribed mass requirements mentioned in this section apply in relation to a heavy vehicle or component whether or not the vehicle is loaded.

Note—

The general mass limits and mass exceptions make no distinction between a loaded or unloaded vehicle or component because an essential consideration is the mass that is applied to a road on which a heavy vehicle or component is being used.

s 6: Am 2014 (651), sec 5; 2024 (470), sec 5.

Mass exceptions

7 Mass exceptions

(1) The mass exceptions are as follows—

(a) the concessional mass limits;

(b) the quad axle group mass exception limits;

(c) the higher mass limits;

(d) the one-tonne tri-axle mass transfer allowance;

(e) the Euro VI vehicle mass transfer allowance.

Note—

See Schedules 2 to 5B for details of the mass exceptions.

(2) A mass exception does not apply if a condition of the mass exception imposed under this Regulation is contravened.

s 7: Am 2014 (651), sec 6; 2015 (824), sec 20; 2024 (470), sec 6.

Limitation imposed by manufacturer’s mass limits or other stated limit

8 Limitation imposed by manufacturer’s mass limits or other stated limit

(1) Subsection (2) applies if the general mass limits or a mass exception provides for a mass limit for a heavy vehicle in excess of—

(a) the manufacturer’s mass limits; or

(b) the limit stated in subsection (3) for the purposes of this paragraph.

(2) The manufacturer’s mass limits or the limit stated in subsection (3) applies and the general mass limits or mass exception does not apply.

(3) For the purposes of subsection (1)(b), the limit is, for a combination—

(a) the towing vehicle of which does not have a GCM; and

(b) fitted with a single-drive axle, single-drive tandem axle group or dual-drive tandem axle group;

the mass, in kilograms, worked out under section 9.

(4) Subsection (5) applies if the general mass limits or a mass exception provides for a mass limit for a component of a heavy vehicle in excess of the manufacturer’s mass limits for the component.

(5) The manufacturer’s mass limits for the component applies and the general mass limits or mass exception does not apply.

(6) Subsection (7) applies if there is no general mass limits or mass exception applied to a component of a heavy vehicle under this Part other than subsection (7) and there is a manufacturer’s mass limits for the component.

(7) The manufacturer’s mass limits for the component applies to the component.

(8) In this section—

manufacturer’s mass limits—

(a) in relation to a heavy vehicle, means—

(i) the mass limits derived from the rating set for the heavy vehicle by the vehicle’s manufacturer, including the GVM or GCM stated by the manufacturer of the heavy vehicle; or

(ii) if a registration authority has, under an Australian road law, specified the total maximum loaded mass for the heavy vehicle and any vehicles it may lawfully tow—that mass; or

(iii) if a registration authority has, under an Australian road law, specified the vehicle’s maximum loaded mass—that mass; or

(b) in relation to a component of a heavy vehicle, subject to section 10, means the mass limits derived from the rating set for the component by the component’s manufacturer.

s 8: Am 2018 (299), sec 12.

How to work out the relevant mass for a towing vehicle without a GCM

9 How to work out the relevant mass for a towing vehicle without a GCM

(1) For the purposes of section 8(3), if the towing vehicle of a combination does not have a GCM and is fitted with a single-drive axle, single-drive tandem axle group or dual-drive tandem axle group, the mass, in kilograms, is worked out by using the following formula—

(2) In the formula under subsection (1)—

(a) M means mass in kilograms; and

(b) K means the following—

(i) if the towing vehicle is fitted with a single-drive axle—0.055;

(ii) if the towing vehicle is fitted with a single-drive tandem axle group—0.053;

(iii) if the towing vehicle is fitted with a dual-drive tandem axle group—0.051; and

(c) TR means the number of tyre revolutions per kilometre, stated by the manufacturer, of the tyres fitted to the towing vehicle’s driving axles; and

(d) R means the overall gear reduction between the towing vehicle’s engine and the wheels on the vehicle’s driving axles; and

(e) T means the towing vehicle’s maximum engine net torque in newton-metres.

Example—

A towing vehicle does not have a GCM if—

(a) the total maximum mass for the vehicle and any vehicles it may lawfully tow at any given time is not stated by the vehicle’s manufacturer on the vehicle’s identification plate or another place on the vehicle; and

(b) a registration authority has not, under an Australian road law, specified the total maximum loaded mass for the vehicle and any vehicles it may lawfully tow at any given time because the vehicle has not been the subject of an application for registration under an Australian road law or an application for an unregistered heavy vehicle permit under the Law.

s 9: Am 2018 (299), sec 13.

Modified manufacturer’s mass limits for a tyre relating to a particular cold inflated pressure

10 Modified manufacturer’s mass limits for a tyre relating to a particular cold inflated pressure

(1) This section applies for the purposes of section 8.

(2) The manufacturer’s mass limits for a tyre are the manufacturer’s mass limits for the tyre determined at a cold inflation pressure of not more than—

(a) for a radial ply tyre—825kPa; or

(b) for another type of tyre—700kPa

Example—

The manufacturer’s mass limits for a radial tyre are—

• at a cold inflated pressure of 200–900kPa—5t

• at a cold inflated pressure greater than 900kPa—6t.

Because the latter mass limit (6t) only applies at a cold inflated pressure above the threshold value of 825kPa mentioned in paragraph (a), the applicable manufacturer’s mass limits for the tyre is 5t.

Division 2

11 (Repealed)

pt 2, div 2 (s 11): Rep 2017 (329), sec 11.

Division 3

Additional provisions relating to higher mass limits

Division 3 Additional provisions relating to higher mass limits

pt.2-div.3-sdiv.1

HML declarations

pt.2-div.3-sdiv.1 HML declarations

Subdivision 1 HML declarations

Regulator’s power to declare areas and routes for higher mass limits

12 Regulator’s power to declare areas and routes for higher mass limits

(1) The Regulator may, by Commonwealth Gazette notice complying with section 15, declare an area in which or a route on which stated types of HML heavy vehicles are authorised to be used under the higher mass limits.

(2) A declaration under subsection (1) is an HML declaration.

Restriction on making HML declaration

13 Restriction on making HML declaration

(1) The Regulator may make an HML declaration only if—

(a) the Regulator is satisfied the use of the stated types of HML heavy vehicles under the higher mass limits in the area or on the route will not pose a significant risk to public safety; and

(b) each relevant road manager for the declaration has consented to the making of the declaration; and

(c) the Regulator is satisfied all other consents required for the declaration have been obtained or given.

(2) In deciding whether to make an HML declaration, the Regulator must have regard to the approved guidelines for making HML declarations.

Obtaining consent of road manager

14 Obtaining consent of road manager

(1) The road manager consent provisions apply in relation to obtaining consent of a relevant road manager for an HML declaration.

(2) For the purposes of subsection (1)—

(a) a reference in the road manager consent provisions to a mass or dimension authority is taken to be a reference to an HML declaration; and

(b) a reference in the road manager consent provisions to the grant of a mass or dimension authority is taken to be a reference to the making of an HML declaration; and

(c) a reference in the road manager consent provisions to a relevant road manager for a mass or dimension authority is taken to be a reference to a relevant road manager for an HML declaration.

(3) A relevant road manager for an HML declaration may consent to the making of the declaration subject to the condition that stated intelligent access conditions are imposed on the use of a stated type of HML heavy vehicle under the higher mass limits in an area or on a route to which the declaration applies.

(4) If a relevant road manager for an HML declaration consents to the making of the declaration as mentioned in subsection (3)—

(a) the relevant road manager must give the Regulator written reasons for the road manager’s decision to give consent to the making of the declaration subject to the condition; and

(b) the Regulator must include the stated intelligent access conditions in the declaration.

Requirements about Commonwealth Gazette notice etc.

15 Requirements about Commonwealth Gazette notice etc.

(1) A Commonwealth Gazette notice for an HML declaration must state the following—

(a) that HML heavy vehicles of a stated type are authorised to be used under the higher mass limits in the area or on the route stated in the notice;

(b) the intelligent access conditions required by a relevant road manager for the declaration under section 14(3).

(2) Without limiting subsection (1)(a), the declaration may state the areas or routes under the subsection by—

(a) applying by reference a stated map or stated list, not in the notice, prepared and published by the relevant road authority or the Regulator; and

(b) referring to the areas or routes shown on the stated map or stated list.

(3) If the declaration applies a stated map or stated list—

(a) the Regulator may amend the stated map or stated list prepared and published by it and the relevant road authority may amend the stated map or stated list prepared and published by it, but only by omitting, varying or extending the areas or routes mentioned in subsection (2)(b), including by adding additional areas or routes; and

(b) the Regulator must ensure a copy of the stated map or stated list as in force from time to time is—

(i) made available for inspection, without charge, during normal business hours at each office of the Regulator; and

(ii) published on the Regulator’s website or published by way of a reference or link published on the Regulator’s website.

Note—

The Regulator must publish a stated map or stated list whether the Regulator or a relevant road authority originally prepared and published it as mentioned in subsection (2).

(4) Despite subsection (3)(a), a road authority may only amend a map or list in a way that affects a particular road if—

(a) the road authority is the road manager for the road; or

(b) the road authority is not the road manager for the road and has been advised by the Regulator that the Regulator has obtained the consent of the road manager for the amendment.

(5) The Regulator must publish a copy of the notice on the Regulator’s website.

(6) In this section—

relevant road authority, for an HML declaration, means the road authority for the participating jurisdiction in which the road likely to be travelled under the declaration is situated.

s 15: Am 2015 (824), sec 21.

15A

Process for amending a stated map or stated list

15A Process for amending a stated map or stated list

(1) This section applies to the amendment of a stated map or stated list mentioned in section 15.

(2) For the purpose of an amendment by the Regulator only adding an additional area or route to a stated map or stated list—

(a) section 13 applies; and

(b) the road manager consent provisions as applied under section 14, and section 14, apply; and

(c) sections 17 and 18 do not apply.

(3) For the purpose of subsection (2), sections 13 and 14 apply as if—

(a) a reference to the making of an HML declaration were a reference to the adding of the additional area or route; and

(b) a reference to the relevant road manager for an HML declaration were a reference to the relevant road manager for the declaration that applies the stated map or list.

(4) For the purpose of an amendment by the relevant road authority only adding an additional area or route to a stated map or stated list, sections 13, 14, 17 and 18 do not apply.

(5) For the purpose of an amendment by the Regulator or a relevant road authority if subsections (2) to (4) do not apply, sections 17 and 18 apply.

(6) For the purpose of subsection (5), sections 17 and 18 apply as if—

(a) a reference to the amendment of an HML declaration were a reference to the amendment of the stated map or stated list; and

(b) a reference to the Regulator were a reference to the Regulator or the relevant road authority, whichever is amending the stated map or stated list; and

(c) a reference to the relevant road manager for an HML declaration were a reference to the relevant road manager for the declaration that applies the stated map or stated list.

s 15A: Ins 2015 (824), sec 22. Am 2017 (329), sec 12.

Contravening conditions applying to HML heavy vehicles being used in an area or on a route declared by an HML declaration

16 Contravening conditions applying to HML heavy vehicles being used in an area or on a route declared by an HML declaration

(1) This section applies if an HML declaration states that the use of a stated type of HML heavy vehicle under the higher mass limits in an area or on a route to which the declaration applies is subject to intelligent access conditions.

(2) A person must not use an HML heavy vehicle of the type, or permit an HML heavy vehicle of the type to be used, under the higher mass limits in an area or on a route to which the HML declaration applies unless—

(a) the vehicle is equipped for monitoring the relevant monitoring matters, by an approved intelligent transport system used by an intelligent access service provider; and

(b) the vehicle is covered by an intelligent access agreement.

Maximum penalty—$3000.

(3) In this section—

intelligent access agreement has the meaning given by section 403 of the Law.

relevant monitoring matters means the matters mentioned in section 402(2)(a)(i) or (ii) of the Law for the vehicle.

Amendment or cancellation of HML declaration on Regulator’s initiative

17 Amendment or cancellation of HML declaration on Regulator’s initiative

(1) It is a ground for amending or cancelling a HML declaration if the Regulator is satisfied the use of HML heavy vehicles under the higher mass limits in an area or on a route to which an HML declaration applies has caused, or is likely to cause, a significant risk to public safety.

(2) If the Regulator considers a ground exists to amend or cancel the HML declaration, the Regulator may amend or cancel the HML declaration by complying with subsections (3) to (5).

(3) The Regulator must publish a public notice—

(a) stating the Regulator believes a ground exists to amend or cancel the HML declaration; and

(b) outlining the facts and circumstances forming the basis for the belief; and

(c) stating the action the Regulator is proposing to take under this section (the proposed action); and

(d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.

(4) If, after considering all written representations made under subsection (3)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may—

(a) if the proposed action was to amend the HML declaration—amend the declaration, in a way that is not substantially different from the proposed action, to change the area or route to which it applies; or

(b) if the proposed action was to cancel the HML declaration—

(i) amend the declaration to change the area or route to which it applies; or

(ii) cancel the declaration.

(5) The Regulator must publish a public notice of the amendment or cancellation.

(6) The amendment or cancellation takes effect—

(a) 28 days after the Commonwealth Gazette notice is published under subsection (5); or

(b) if a later time is stated in the Commonwealth Gazette notice, at the later time.

s 17: Am 2017 (329), sec 13.

Amendment or cancellation of HML declaration on request by relevant road manager

18 Amendment or cancellation of HML declaration on request by relevant road manager

(1) This section applies if a relevant road manager for an HML declaration is satisfied the use of HML heavy vehicles under the higher mass limits in an area or on a route to which the declaration applies (and in or on which a road for which the relevant road manager is a road manager is situated)—

(a) has caused, or is likely to cause, damage to road infrastructure; or

(b) has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in the approved guidelines; or

(c) has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.

(2) The road manager may ask the Regulator to—

(a) amend the declaration to—

(i) change the area or route to which it applies; or

(ii) amend the intelligent access conditions applying to HML heavy vehicles used under the higher mass limits in an area or on a route to which the declaration applies; or

(b) cancel the declaration.

(3) The Regulator must comply with the request.

(4) However, if consent to the grant of the declaration was given by a road authority under section 163 of the Law as applied under section 14—

(a) the Regulator may refer the request to the road authority; and

(b) if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and

(c) if the road authority does not give written approval of the road manager’s request within 28 days after the referral is made, the Regulator—

(i) must not comply with the request; and

(ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.

(5) The Regulator must publish a public notice of the amendment or cancellation.

(6) The amendment or cancellation takes effect—

(a) 28 days after the Commonwealth Gazette notice is published under subsection (5); or

(b) if a later time is stated in the Commonwealth Gazette notice, at the later time.

s 18: Am 2017 (329), sec 14.

Immediate suspension

19 Immediate suspension

(1) This section applies if—

(a) the Regulator considers a ground exists to cancel an HML declaration; or

(b) the Regulator reasonably believes it is necessary to suspend the declaration immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.

(2) (Repealed)

(3) The Regulator may, by public notice, immediately suspend the declaration until the earliest of the following—

(a) the end of 56 days after the day the public notice is published;

(b) the Regulator publishes a notice under section 17(5) or 18(5) and the amendment or cancellation takes effect under section 17(6) or 18(6);

(c) the Regulator cancels the suspension by public notice.

(4) The suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3).

(5) This section applies despite sections 17 and 18.

s 19: Am 2017 (329), sec 15.

pt.2-div.3-sdiv.2

HML permits

pt.2-div.3-sdiv.2 HML permits

Subdivision 2 HML permits

Regulator’s power to authorise use of heavy vehicles under higher mass limits in other areas or on other routes

20 Regulator’s power to authorise use of heavy vehicles under higher mass limits in other areas or on other routes

(1) The Regulator may, by giving a person a permit as mentioned in section 26, authorise, for a period of not more than 3 years, the use of an HML heavy vehicle under the higher mass limits in stated areas or on stated routes.

(2) A permit under subsection (1) is an HML permit.

(3) An HML permit may apply to 1 or more HML heavy vehicles.

Application for HML permit

21 Application for HML permit

(1) A person may apply to the Regulator for an HML permit.

(2) The application must be—

(a) in the approved form; and

(b) accompanied by the prescribed fee for the application.

(3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.

Restriction on grant of HML permit

22 Restriction on grant of HML permit

(1) The Regulator may grant an HML permit for an HML heavy vehicle only if—

(a) the Regulator is satisfied the use of the vehicle under the higher mass limits in the area or on the route to which the permit will apply will not pose a significant risk to public safety; and

(b) each relevant road manager for the permit has consented to the grant of the permit; and

(c) the Regulator is satisfied all other consents required for the grant of the permit have been obtained or given.

(2) In deciding whether to grant an HML permit for an HML heavy vehicle, the Regulator must have regard to the approved guidelines for granting HML permits.

Obtaining consent of road manager

23 Obtaining consent of road manager

(1) The road manager consent provisions apply in relation to obtaining the consent of a relevant road manager for the grant of an HML permit.

(2) For the purposes of subsection (1)—

(a) a reference in the road manager consent provisions to a mass or dimension authority is taken to be a reference to an HML permit; and

(b) a reference in the road manager consent provisions to the grant of a mass or dimension authority is taken to be a reference to the grant of an HML permit; and

(c) a reference in the road manager consent provisions to a relevant road manager for a mass or dimension authority is taken to be a reference to a relevant road manager for an HML permit.

Conditions of HML permit

24 Conditions of HML permit

(1) An HML permit—

(a) must be subject to the road conditions or travel conditions required by a relevant road manager for the permit; and

(b) may be subject to any other conditions the Regulator considers appropriate, including, for example—

(i) conditions about 1 or more matters mentioned in Schedule 2 of the Law; and

(ii) without limiting subparagraph (i), intelligent access conditions.

(2) However, a condition imposed under subsection (1) must be consistent with the higher mass limits.

Period for which HML permit applies

25 Period for which HML permit applies

(1) An HML permit applies for the period stated in the permit.

(2) The period may be less than the period sought by the applicant for the HML permit.

HML permit etc.

26 HML permit etc.

(1) If the Regulator grants an HML permit to a person, the Regulator must give the person—

(a) an HML permit; and

(b) if the Regulator has imposed conditions on the permit under section 24 or has granted the permit for a period less than the period of not more than 3 years sought by the person—an information notice for the decision to impose the conditions or grant the permit for the shorter period.

(2) The permit must state the following—

(a) the name and address of the person to whom the permit is given;

(b) a description of—

(i) the HML heavy vehicle or vehicles to which the permit applies, including the registration number of the vehicle if it is registered; or

(ii) if the permit applies to particular categories of class 2 heavy vehicles—the categories of heavy vehicles to which the permit applies;

(c) the areas or routes to which the permit applies;

(d) the road conditions or travel conditions required by a relevant road manager for the permit;

(e) any other conditions applying to an HML heavy vehicle while it is being used under the permit;

(f) the period for which the permit applies.

Refusal of application for HML permit

27 Refusal of application for HML permit

If the Regulator refuses an application for an HML permit, the Regulator must give the applicant an information notice for the decision to refuse the application.

Contravening conditions of HML permit

28 Contravening conditions of HML permit

The driver or operator of an HML heavy vehicle being used under the higher mass limits under an HML permit must not contravene a condition of the permit.

Maximum penalty—$3000.

Amendment or cancellation on application by HML permit holder

29 Amendment or cancellation on application by HML permit holder

(1) The holder of an HML permit may apply to the Regulator for an amendment or cancellation of the permit.

(2) The application must—

(a) be in writing; and

(b) be accompanied by the prescribed fee for the application; and

(c) if the application is for an amendment, state clearly the amendment sought and the reasons for the amendment; and

(d) be accompanied by the permit.

(3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.

(4) If the proposed amendment of the permit is—

(a) to amend the areas or routes to which the permit applies (other than by omitting an area or route or reducing an area or route in size); or

(b) to impose or amend road conditions or travel conditions;

then—

(c) the Regulator must ask the relevant road managers (for the roads to which the amendment relates) for their consent to the amendment; and

(d) the road manager consent provisions apply to the request for consent in the same way as they apply to a request for consent under those provisions, with necessary modifications.

(5) The Regulator must decide the application as soon as practicable after receiving it.

(6) If the Regulator decides to grant the application—

(a) the Regulator must give the applicant notice of the decision; and

(b) the amendment or cancellation takes effect—

(i) when notice of the decision is given to the applicant; or

(ii) if a later time is stated in the notice, at the later time; and

(c) if the Regulator amended the permit, the Regulator must give the applicant a replacement permit for the permit as amended.

(7) If the Regulator decides not to amend or cancel the permit as sought by the applicant, the Regulator must—

(a) give the applicant an information notice for the decision; and

(b) return the permit to the applicant.

Amendment or cancellation of HML permit on Regulator’s initiative

30 Amendment or cancellation of HML permit on Regulator’s initiative

(1) Each of the following is a ground for amending or cancelling an HML permit—

(a) the permit was granted because of a document or representation that was—

(i) false or misleading; or

(ii) obtained or made in an improper way;

(b) the holder of the permit has contravened a condition of the permit;

(c) the use of HML heavy vehicles under the higher mass limits in an area or on a route the subject of the permit has caused, or is likely to cause, a significant risk to public safety.

(2) If the Regulator considers a ground exists to amend or cancel an HML permit (the proposed action), the Regulator must give the holder of the permit a notice—

(a) stating the proposed action; and

(b) stating the ground for the proposed action; and

(c) outlining the facts and circumstances forming the basis for the ground; and

(d) if the proposed action is to amend the permit (including a condition of the permit)—stating the proposed amendment; and

(e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.

(3) If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—

(a) if the proposed action was to amend the HML permit—amend the permit in a way that is not substantially different from the proposed action, including, for example, by—

(i) amending the areas or routes to which the permit applies; or

(ii) imposing additional conditions on the permit; or

(b) if the proposed action was to cancel the HML permit—

(i) amend the permit, including, for example, as mentioned in paragraph (a)(i) or (ii); or

(ii) cancel the permit.

(4) The Regulator must give the holder an information notice about the decision.

(5) The amendment or cancellation takes effect—

(a) when the information notice is given to the holder; or

(b) if a later time is stated in the information notice, at the later time.

Amendment or cancellation of HML permit on request by relevant road manager

31 Amendment or cancellation of HML permit on request by relevant road manager

(1) This section applies if a relevant road manager for an HML permit is satisfied the use of HML heavy vehicles under the higher mass limits in an area or on a route to which the permit applies (and in or on which is situated a road for which the relevant road manager is a road manager)—

(a) has caused, or is likely to cause, damage to road infrastructure; or

(b) has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or

(c) has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.

(2) The road manager may ask the Regulator to—

(a) amend the HML permit, including, for example, by—

(i) amending the areas or routes to which the permit applies; or

(ii) imposing or amending road conditions on the permit; or

(b) cancel the permit.

(3) The Regulator must comply with the request.

(4) However, if consent to the grant of the permit was given by a road authority under section 163 of the Law—

(a) the Regulator may refer the request to the road authority; and

(b) if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and

(c) if the road authority does not give written approval of the road manager’s request within 28 days after the referral is made, the Regulator—

(i) must not comply with the request; and

(ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.

(5) If the permit is amended or cancelled under this section, the Regulator must give the holder of the HML permit notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.

(6) The notice given to the holder must state—

(a) the day the amendment or cancellation is to take effect; and

(b) the reasons given by the relevant road manager for the amendment or cancellation; and

(c) the review and appeal information for the road manager’s decision.

Immediate suspension of HML permit

32 Immediate suspension of HML permit

(1) This section applies if—

(a) the Regulator considers a ground exists to cancel an HML permit; or

(b) the Regulator reasonably believes it is necessary to suspend the permit immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.

(2) The Regulator may, by notice (immediate suspension notice) given to the holder of the permit, immediately suspend the permit until the earlier of the following—

(a) the Regulator gives the person a notice under section 30(4) or 31(5);

(b) the Regulator cancels the suspension;

(c) the end of 56 days after the day the immediate suspension notice is given to the person.

(3) This section applies despite sections 29, 30 and 31.

Minor amendment of HML permit

33 Minor amendment of HML permit

(1) The Regulator may, by notice given to the holder of an HML permit, amend the permit in a minor respect—

(a) for a formal or clerical reason; or

(b) in another way that does not adversely affect the holder’s interests.

(2) The Regulator must provide the relevant road manager with notice of the amendment.

Return of HML permit

34 Return of HML permit

(1) If a person’s HML permit is amended or cancelled, the Regulator may, by notice, require the person to return the permit to the Regulator.

(2) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.

Maximum penalty—$4000.

(3) If the HML permit has been amended, the Regulator must give the person a replacement permit as amended.

Replacement of defaced etc. HML permit

35 Replacement of defaced etc. HML permit

(1) If a person’s HML permit is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.

Maximum penalty—$4000.

(2) If the Regulator is satisfied the HML permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.

(3) If the Regulator decides not to give a replacement permit to the person, the Regulator must give the person an information notice for the decision.

pt.2-div.3-sdiv.3

Subdivision 3

36 (Repealed)

pt 2, div 3, sdiv 3: Rep 2017 (329), sec 16.

s 36: Am 2015 (824), sec 23. Rep 2017 (329), sec 16.

Part 3

Dimension requirements

Part 3 Dimension requirements

Prescribed dimension requirements

37 Prescribed dimension requirements

(1) The dimension requirements imposed by Schedule 6 are prescribed dimension requirements for the purposes of section 101 of the Law.

(2) The prescribed dimension requirements apply to a heavy vehicle whether or not the vehicle is loaded.

Part 4

Loading requirements

Part 4 Loading requirements

Loading requirements

38 Loading requirements

(1) The loading requirements applying to a heavy vehicle are stated in section 1 of Schedule 7.

(2) The loading performance standards for heavy vehicles for the purposes of section 115 of the Law are stated in section 2 of Schedule 7.

s 38: Subst 2018 (554), sec 4.

Part 5

Exemptions for particular overmass or oversize vehicles

Part 5 Exemptions for particular overmass or oversize vehicles

Prescribed conditions

39 Prescribed conditions

(1) The conditions stated in Part 1 of Schedule 8 are conditions of a mass or dimension exemption applying to a class 1 heavy vehicle granted by Commonwealth Gazette notice.

(2) The conditions stated in Part 2 of Schedule 8 are conditions of a mass or dimension exemption applying to a class 1 heavy vehicle granted by issuing a permit to a person.

(3) The conditions stated in Division 1 of Part 3 of Schedule 8 are conditions of a mass or dimension exemption applying to a class 1 heavy vehicle granted by issuing a permit to a person if the exemption is subject to the condition that the heavy vehicle, or a pilot vehicle or escort vehicle accompanying the heavy vehicle, must have warning lights.

(4) The conditions stated in Division 2 of Part 3 of Schedule 8 are conditions of a mass or dimension exemption applying to a class 1 heavy vehicle granted by issuing a permit to a person if the exemption is subject to the condition that the heavy vehicle, or a pilot vehicle accompanying the heavy vehicle, must have a warning sign.

(5) A condition mentioned in subsections (1) to (4)—

(a) applies unless the notice or permit mentioned in the subsection provides otherwise; and

(b) applies to a class 1 heavy vehicle, or a pilot vehicle or escort vehicle accompanying a class 1 heavy vehicle, to which a mass or dimension exemption applies while the class 1 heavy vehicle is being used under the exemption.

Regulator may make declaration

40 Regulator may make declaration

The Regulator may, by Commonwealth Gazette notice, declare—

(a) categories of areas, roads and routes for the purpose of imposing conditions under section 119(1) or 125(1) of the Law; or

(b) a road to be a major road for the purposes of this Regulation.

Consent of relevant road manager required

41 Consent of relevant road manager required

(1) The Regulator may make a declaration under section 40 only if each relevant road manager for the declaration has consented to the making of the declaration.

(2) The road manager consent provisions apply in relation to obtaining consent of a road manager for a road for a declaration under section 40.

(3) For the purposes of subsection (2)—

(a) a reference in the road manager consent provisions to a mass or dimension authority is taken to be a reference to a declaration under section 40; and

(b) a reference in the road manager consent provisions to the grant of a mass or dimension authority is taken to be a reference to the making of a declaration under section 40; and

(c) a reference in the road manager consent provisions to a road manager for a relevant road for a mass or dimension authority is taken to be a reference to a relevant road manager for a declaration under section 40.

(4) In this section—

relevant road manager means—

(a) for a declaration under section 40(a)—a road manager for a road, or a road on the route, or in the area, the subject of the declaration; or

(b) for a declaration under section 40(b)—the road manager for the road the subject of the declaration.

Matters to which Regulator must have regard

42 Matters to which Regulator must have regard

(1) In deciding whether to make a declaration under section 40, the Regulator must have regard to the following—

(a) the type of each affected road, including, for example, whether it is an arterial road;

(b) the volume of traffic on each affected road;

(c) the capacity of each affected road to accommodate wide vehicles;

(d) relevant environmental conditions for each affected road, including, for example, visibility of road users;

(e) any other matter the Regulator considers appropriate.

(2) In this section—

affected road, for a declaration under section 40, means a road affected by the declaration.

Publication of declaration

43 Publication of declaration

The Regulator must publish on its website a copy of each declaration made under section 40.

Part 6

Conditions for grant of mass or dimension authority imposed by relevant road manager

Part 6 Conditions for grant of mass or dimension authority imposed by relevant road manager

Imposition of road conditions in relation to a class 2 heavy vehicle

44 Imposition of road conditions in relation to a class 2 heavy vehicle

(1) This section applies for the purposes of section 160(4) of the Law.

(2) The kinds of road conditions prescribed for section 160(1)(b) of the Law and the circumstances in which it is appropriate to impose those conditions are in Schedule 9.

Part 7

Reviewable decisions

Part 7 Reviewable decisions

Reviewable decisions

45 Reviewable decisions

(1) Each decision mentioned in Schedule 10 is a reviewable decision for Chapter 11 of the Law.

(2) The dissatisfied person for a reviewable decision mentioned in Schedule 10 is each person who is adversely affected by the decision.

Part 8

Transitional provisions

Part 8 Transitional provisions

pt 8 (s 46): Ins 2015 (824), sec 24

Saving of stated map and other matters under section 15

46 Saving of stated map and other matters under section 15

(1) Subsections (2) to (4) apply to the following—

(a) a stated map applied under unamended section 15(2) in an HML declaration in existence immediately before the commencement;

(b) the areas or routes shown on the stated map immediately before the commencement;

(c) a list of areas or routes applied, adopted or incorporated under section 24(1) of Schedule 1 of the Law in an HML declaration in existence immediately before the commencement.

(2) The stated map is taken to be a stated map applied under amended section 15(2).

(3) The list of areas or routes is taken to be a stated list applied under amended section 15(2).

(4) The areas or routes shown on the stated map mentioned in subsection (2) or the stated list mentioned in subsection (3) may only be amended under amended section 15 and section 15A.

(5) In this section—

amended section 15 means section 15 as amended by the amendment regulation.

amendment regulation means the Heavy Vehicle National Amendment Regulation.

commencement means the commencement of the amendment of section 15 under the amendment regulation.

unamended section 15 means section 15 as it existed immediately before it was amended by the amendment regulation.

pt 8 (s 46): Ins 2015 (824), sec 24

Schedule 1

General mass limits

Schedule 1 General mass limits

section 6(2)

sch 1: Am 2015 (824), sec 25; 2018 (299), secs 14, 15; 2019 (583), secs 6, 7; 2024 (470), secs 7–9.

Schedule 2

Concessional mass limits

Schedule 2 Concessional mass limits

section 6(3)

sch 2: Am 2024 (470), secs 10, 11.

Schedule 3

Schedule 3 (Repealed)

sch 3: Rep 2015 (824), sec 26.

Schedule 4

Quad axle group mass exception limits

Schedule 4 Quad axle group mass exception limits

section 6(3)

Schedule 5

Higher mass limits

Schedule 5 Higher mass limits

section 6(3)

sch 5: Am 2015 (824), sec 27; 2017 (329), sec 17; 2018 (299), secs 16, 17; 2024 (470), secs 12, 13.

Schedule 5A

One tonne tri-axle mass transfer allowance

Schedule 5A One tonne tri-axle mass transfer allowance

section 6(3)

sch 5A: Ins 2014 (651), sec 7.

Schedule 5B

Euro VI vehicle mass transfer allowance

Schedule 5B Euro VI vehicle mass transfer allowance

section 6(3)

sch 5B: Ins 2024 (470), sec 14.

Schedule 6

Dimension requirements

Schedule 6 Dimension requirements

section 37

sch 6: Am 2015 (824), sec 28; 2017 (329), sec 18; 2018 (299), secs 18–22; 2020 (61), secs 4, 5; 2021 (42), secs 4, 5; 2024 (126), sec 5.

Length—front blind spot mirror disregarded

6A Length—front blind spot mirror disregarded

For this Regulation, a front blind spot mirror, fitted to a heavy vehicle in accordance with section 13A of Schedule 2 to the Heavy Vehicle (Vehicle Standards) National Regulation, is to be disregarded for the purpose of measuring the length of the heavy vehicle unless the mirror projects more than 150mm beyond the overall length of the heavy vehicle.

Length—indirect vision devices disregarded

6B Length—indirect vision devices disregarded

For this Regulation, an indirect vision device fitted to a heavy vehicle is to be disregarded for the purposes of measuring the length of the heavy vehicle under section 3 or 4—

(a) if the device is fitted to the heavy vehicle under section 13C(a) of Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation; or

(b) for a device fitted to the heavy vehicle under section 13C(b) of Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation—unless the device projects more than 150mm beyond the overall length of the heavy vehicle.

Length—front end devices disregarded

6C Length—front end devices disregarded

(1) For this Regulation, each of the following devices is to be disregarded for the purposes of measuring the length of a heavy vehicle if the device is fitted to the front end of the heavy vehicle—

(a) a prescribed device for indirect vision;

(b) a cross-view mirror, or any other device enabling the driver of the heavy vehicle to see objects in an area adjacent to the heavy vehicle, if the device does not protrude more than 250mm from the front end of the heavy vehicle;

(c) a monitoring device that—

(i) is fitted as part of an automated driving system or a close-proximity information system; and

(ii) does not protrude more than 250mm from the front end of the heavy vehicle.

(2) In this section—

automated driving system, close-proximity information system, cross-view mirror and prescribed device for indirect vision have the same meanings as in section 8 of the Heavy Vehicle (Vehicle Standards) National Regulation.

front end means front end within the meaning of the ADR (Definitions and Vehicle Categories).

Definition for pt 3

11 Definition for pt 3

In this Part—

load includes equipment and the pole of a pole-type trailer or jinker.

Schedule 7

Loading requirements and loading performance standards

Schedule 7 Loading requirements and loading performance standards

section 38

sch 7, hdg: Am 2018 (554), sec 5.

sch 7: Am 2018 (554), sec 5.

Schedule 8

Conditions of mass or dimension exemptions applying to class 1 heavy vehicles

Schedule 8 Conditions of mass or dimension exemptions applying to class 1 heavy vehicles

section 39

sch 8: Am 2018 (299), secs 23–29; 2021 (42), sec 6; 2024 (126), sec 6.

Division 4

Agricultural vehicles

Division 4 Agricultural vehicles

Division 5

Pilot and escort vehicles

Division 5 Pilot and escort vehicles

Visibility of warning lights

36 Visibility of warning lights

(1) A warning light attached to a class 1 heavy vehicle, pilot vehicle or escort vehicle must be—

(a) clearly visible at a distance of 500m in all directions; or

(b) supplemented by 1 or more additional warning lights so that the light emanating from at least 1 of them is clearly visible at a distance of 500m in any direction.

(2) However, for a pilot vehicle travelling in front of a class 1 heavy vehicle, a filter may be placed behind the warning light attached to the pilot vehicle to reduce the intensity of the light directed to the driver of the heavy vehicle.

sch.8-pt.3-div.2-sdiv.1

Preliminary

sch.8-pt.3-div.2-sdiv.1 Preliminary

Subdivision 1 Preliminary

sch.8-pt.3-div.2-sdiv.2

Class 1 heavy vehicles and pilot vehicles

sch.8-pt.3-div.2-sdiv.2 Class 1 heavy vehicles and pilot vehicles

Subdivision 2 Class 1 heavy vehicles and pilot vehicles

sch.8-pt.3-div.2-sdiv.3

Class 1 heavy vehicles only

sch.8-pt.3-div.2-sdiv.3 Class 1 heavy vehicles only

Subdivision 3 Class 1 heavy vehicles only

Fitting warning sign

47 Fitting warning sign

(1) A warning sign on a class 1 heavy vehicle must be fitted horizontally.

(2) The lower edge of the warning sign must be—

(a) above the bottom of the bumper bar; or

(b) if there is no bumper bar—at least 500mm above ground level.

(3) If the length of the warning sign is split into 2 parts, each part must be fitted at the same height as the other.

sch.8-pt.3-div.2-sdiv.4

Pilot vehicles only

sch.8-pt.3-div.2-sdiv.4 Pilot vehicles only

Subdivision 4 Pilot vehicles only

Application of Sdiv 4

48 Application of Sdiv 4

This Subdivision applies only to warning signs required to be on a pilot vehicle accompanying a class 1 heavy vehicle.

Size and shape of warning sign

49 Size and shape of warning sign

(1) A warning sign on a pilot vehicle must be at least 1200mm long and at least 600mm high.

(2) The warning sign may have bottom corner cut-outs not more than 150mm wide and not more than 100mm high if they are needed for fitting the warning sign to the pilot vehicle.

Faces of warning sign

50 Faces of warning sign

(1) Both faces of a warning sign on a pilot vehicle must show—

(a) the word ‘OVERSIZE’, in black capital letters at least 200mm high, and complying with AS 1744‘Forms of Letters and Numerals for Road Signs’, in typeface Series C(N); and

(b) the words ‘LOAD AHEAD’, in black capital letters at least 100mm high, and complying with AS 1744‘Forms of Letters and Numerals for Road Signs’, in typeface Series D(N).

Note—

AS 1744‘Forms of Letters and Numerals for Road Signs’ may be purchased from Standards Australia at .

(2) The bottom of the letters of the word ‘OVERSIZE’ must be at least 300mm from the bottom of the warning sign.

(3) The bottom of the letters of the words ‘LOAD AHEAD’ must be at least 100mm from the bottom of the warning sign.

Example of a warning sign for a pilot vehicle—

Fitting warning sign

51 Fitting warning sign

A warning sign on a pilot vehicle must not lean back so that there is more than 200mm measured horizontally from the top of the sign to a vertical line running through the bottom of the sign.

Example—

maximum slant of warning sign

Schedule 9

Imposition of road conditions in relation to a class 2 heavy vehicle

Schedule 9 Imposition of road conditions in relation to a class 2 heavy vehicle

section 44

| Kind of road condition | Circumstances for imposing the kind of road condition | | requirements about the types of loads that a heavy vehicle may carry | if an area or route is not suitable for access by all or stated categories of class 2 heavy vehicles but access is needed for vehicles that service an industry local to the area or route to carry specified loads, such as grain or sugar cane | | restrictions on turning in a given direction | if the road alignment or geometry is not conducive to all or stated categories of class 2 heavy vehicles making a turn in a given direction safely or without undue risk to road infrastructure | | requirements about the permissible mass of a heavy vehicle (including its equipment) or a component or load of a heavy vehicle, including for specified axles or axle groups or axle spacings, including requirements about maximum or minimum mass limits or for the vehicle to be unladen or for the stated category of class 2 heavy vehicle to not be able to be used at higher mass limits on a stated area or route | if it is necessary to protect road infrastructure from excessive rates of wear and damage caused by excessive massif it is necessary to protect road infrastructure from mass that is insufficient to ensure that drive axles maintain traction with the road pavementif specifying vehicle load distribution is necessary to protect road infrastructure from excessive rates of wear or damage by ensuring adequate drive axle traction on steep inclines | | conditions about which lane or lanes a heavy vehicle may or may not be used on | if there is a demonstrated and significant elevated risk of wear or damage to road infrastructure relative to travelling in another lane or lanes in a specified area or routeif a significant benefit to road infrastructure will result from imposing the condition, such as travelling through roundabouts or helping to prevent collision with roadside furniture, poles and signsif a reduction in traffic congestion will result from imposing the conditionif a specified section of road has been assessed as unsafe for all or stated categories of class 2 heavy vehicles to overtake other vehicles and it is necessary to restrict such vehicles to operating in specified lanes | | requirements about minimum spacing between all or stated categories of class 2 heavy vehicles when travelling on a specified area or route | if there is a demonstrated and significant elevated risk of wear or damage to road infrastructure arising from all or stated categories of class 2 heavy vehicles travelling in close proximity to other class 2 heavy vehiclesif road conditions make attempts by other motorists to overtake all or stated categories of class 2 heavy vehicles more likely (such as on inclines where the heavy vehicles may be unable to keep pace with general traffic), but where travelling in close proximity to other heavy vehicles would make such overtaking attempts more difficult or less safe | | restrictions on proceeding past a nominated point on a road until the driver has ascertained that it is safe to do so | if there are sections of road with limited forward visibility and insufficient width for more than one vehicle to pass safely, including narrow stretches of road and single lane bridges | | conditions about the maximum speed at which all or stated categories of class 2 heavy vehicles may be driven in or on a stated area, road or route, being lower than the speed limit applying to other traffic in that area | if there are sections of road in an area that is built up or within town limits with high pedestrian or vehicle traffic and the use of all or stated categories of class 2 heavy vehicles at the speed limit applying to other traffic in that area is a greater safety risk than for other vehicle categoriesif it is necessary to minimise wear and damage to unsealed road surfaces when wet or dusty or in other poor weather conditionsif there is an elevated risk of loss of vehicle control, including from steep or winding descentsif there is an elevated risk to road safety generallyif a route is a school bus route | | requirements to yield to other vehicles, being in addition to requirements under the Road Rules | if it is necessary to manage traffic flow to minimise traffic congestion, such as in ferry boarding and unloading areas where priority loading or parking is requiredif it is necessary to manage traffic flow on narrow roads to allow another vehicle to pass or at intersections where all or stated categories of class 2 heavy vehicles may need to use opposing traffic lanes to negotiate a cornerif road infrastructure or traffic conditions make overtaking all or stated categories of class 2 heavy vehicles unsafe or where it would contribute to increased traffic congestion, such as where the heavy vehicle was unable to keep pace with general traffic (for example, on steep inclines) | | restrictions on travelling during stated periods or stated weather conditions | during the wet season when roads in an area or route are in such condition that it would be unsafe for all or stated categories of class 2 heavy vehicles to be used on those roads or where such use would contribute to unacceptable damage to road infrastructureif there are specified weather conditions and it would be unsafe for all or stated categories of class 2 heavy vehicles to be used on roads in an area or route or where such use would contribute to unacceptable damage to road infrastructure |

sch 9: Am 2018 (554), sec 6.

Schedule 10

Reviewable decisions

Schedule 10 Reviewable decisions

section 45

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Short title

This Regulation may be cited as the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (NSW).

2 Commencement

This Regulation commences in a participating jurisdiction on the day on which Chapter 4 of the Law commences in that jurisdiction.

Note—

In this Regulation, a reference to ‘the Law’ is a reference to the Heavy Vehicle National Law. See section 12(2) of Schedule 1 of the Heavy Vehicle National Law.

3 Definitions

In this Regulation—

6-tyred tandem axle group means a tandem axle group fitted with 6 tyres.

ADR (Definitions and Vehicle Categories) means the ADR titled ‘Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005’.

agricultural combination means a combination consisting of at least 1 agricultural vehicle.

approved air suspension system, in relation to a bus, means a suspension system in which—

(a) vertical movement between each axle and the body of the bus is controlled by variations in the air pressure in an air spring; and

(b) the proportion of the bus’s mass borne by the air spring remains substantially constant despite variations in the air pressure in the air spring.

axle group, for Schedule 1, includes a group of at least 5 axles.

centre, of an axle group, has the same meaning as it has in section 4 of the Heavy Vehicle (Vehicle Standards) National Regulation (NSW).

certified road-friendly suspension system means a suspension system certified as a road-friendly suspension system by the Vehicle Safety Standards Branch of the Commonwealth Department of Infrastructure and Transport in accordance with the Vehicle Standards Bulletin Number 11 (revised edition) published by that branch in July 2004.

Notes—

CML heavy vehicle means a heavy vehicle to which, or to a component of which, the concessional mass limits apply as provided by Schedule 2.

complying anti-lock braking system, for an eligible 2-axle bus or an eligible 3-axle bus, means an anti-lock braking system that complies with—