What it does
This Regulation, cited as the Heavy Vehicle National Law Regulation 2014 (s 1), implements several narrow, mechanical prescriptions and local modifications that operate with the Heavy Vehicle National Law (Queensland) and the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. It commences 10 February 2014 on the commencement of Chapter 3 of the Heavy Vehicle National Law (Queensland) (s 2). The operative measures in the text provided are threefold.
First, it prescribes numerical vehicle width and length thresholds for specific provisions of the Act (identified in the table in s 3). For each listed provision of the Act (columns 1 to 3), the Regulation prescribes a vehicle width (column 2) and a vehicle length (column 3). The table sets 4.5 metres and 5.5 metres as the prescribed widths in respect of specified subparagraphs of ss 20 and 21 of the Act, and 35 metres as the prescribed vehicle length for each listed provision (s 3).
Second, it establishes the charging rule for a route assessment under the Heavy Vehicle National Law (Queensland), s 159. Section 4 provides that the fee payable for a route assessment is the amount decided by the relevant road manager, and that amount must not be more than the reasonable cost of the route assessment (s 4).
Third, the Regulation modifies the application of the national mass-transfer allowance via insertion of a new section into the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, labelled as a Queensland modification (pt 4, ss 30-31). The inserted provision (new s 7A) confines the one tonne tri-axle mass transfer allowance so it applies only where the use of the heavy vehicle or its component occurs in an area or on a route shown on a map made and published under that section. It gives the road authority a power and procedural duty to make and publish a map on the department’s website, to consult road managers before making or amending the map, to publish amended versions and a notice of amendments, and to give a copy to the Regulator and ask the Regulator to publish the map on the Regulator’s website. The map or amended map takes effect when published on the department’s website (s 31).