Part 5Exemptions for particular overmass or oversize vehicles

Part 5—Exemptions for particular overmass or oversize vehicles 116—Class 1 heavy vehicles and class 3 heavy vehicles (1) 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 See subsection (2) for agricultural trailers. (c) it— (i) 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. (2) An agricultural trailer is 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. (3) 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; and (b) it is not a class 1 heavy vehicle. concrete pump means a vehicle with a component that can be used to transfer liquid concrete by pumping; large indivisible item means an item that— (a) cannot be divided without extreme effort, expense or risk of damage to it; and (b) cannot be carried on any heavy vehicle without contravening a mass requirement or dimension requirement; low loader means a trailer with a loading deck no more than 1m above the ground; special purpose vehicle means— (a) a motor vehicle or trailer, other than an agricultural vehicle or a tow truck, built for a purpose other than transporting goods by road; or (b) a concrete pump or fire truck. 117—Regulator's power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement (1) The Regulator may, by Commonwealth Gazette notice complying with section 121, exempt, for a period of not more than 5 years, a stated category of class 1 heavy vehicles or class 3 heavy vehicles from— (a) a prescribed mass requirement; or (b) a prescribed dimension requirement. (2) An exemption under subsection (1) is a mass or dimension exemption (notice). See Division 3 of Chapter 4 Part 7 in relation to amendment, suspension or cancellation of a mass or dimension exemption (notice). 118—Restriction on grant of mass or dimension exemption (notice) (1) The Regulator may grant a mass or dimension exemption (notice) for a category of heavy vehicles only if— (a) the Regulator is satisfied the use of heavy vehicles of that category on a road under the exemption will not pose a significant risk to public safety; and (b) each relevant road manager for the exemption has consented to the grant; and (c) the Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained or given. (2) In deciding whether to grant a mass or dimension exemption (notice), the Regulator must have regard to the approved guidelines for granting mass or dimension exemptions. 119—Conditions of mass or dimension exemption (notice) (1) A mass or dimension exemption (notice)— (a) must include a condition about the areas or routes to which the exemption applies; and (b) is subject to conditions prescribed by the national regulations for the exemption; and (c) must be subject to the road conditions or travel conditions required for the exemption; and (d) may be subject to any other conditions the Regulator considers appropriate, including, for example— (ii) without limiting subparagraph (i), intelligent access program conditions; and (iii) a condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep in the driver's possession a copy of— (A) the Commonwealth Gazette notice for the exemption; or (B) an information sheet about the exemption published by the Regulator on the Regulator's website. (2) Without limiting subsection (1)(a), the condition under the subsection about areas or routes may be imposed 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) Without limiting subsection (1)(c), road conditions or travel conditions under the subsection may be imposed by referring to road conditions or travel conditions shown on a stated map or stated list applied under subsection (2)(a). (4) If the notice 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— (i) the areas or routes mentioned in subsection (2)(b); or (ii) the road conditions or travel conditions mentioned in subsection (3), including by adding additional areas, routes, road conditions or travel conditions; 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. 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). (5) Despite subsection (4)(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. (6) Without limiting the conditions that may be prescribed under subsection (1)(b), the national regulations may— (a) prescribe conditions that are to apply only to particular areas or roads; and (b) authorise the Regulator to decide the areas or roads to which the conditions are to apply. relevant road authority, for a mass or dimension exemption (notice), means the road authority for the participating jurisdiction in which the road likely to be travelled under the exemption is situated; travel conditions means travel conditions required by the relevant road manager under section 161. 119A—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 119. (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 118 applies; and (b) Division 2 of Chapter 4 Part 7 applies to the extent the Division relates to the grant of a mass or dimension exemption (notice); and (c) Division 3 of Chapter 4 Part 7 does not apply. (3) For the purpose of subsection (2), section 118 and Division 2 of Chapter 4 Part 7 apply as if— (a) a reference to the grant of a mass or dimension exemption (notice) or a mass or dimension authority were a reference to the adding of the additional area or route; and (b) a reference to the relevant road manager for a mass or dimension exemption (notice) or a mass or dimension authority were a reference to the relevant road manager for the exemption or authority that applies the stated map or stated list. (4) For the purpose of an amendment by the relevant road authority only adding an additional area or route to, or only removing a road condition or travel condition from, a stated map or stated list, section 118 and Chapter 4 Part 7 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, Division 3 of Chapter 4 Part 7 applies to the extent the Division relates to the amendment of a mass or dimension exemption (notice). (6) For subsection (5), Division 3 of Chapter 4 Part 7 applies as if— (a) a reference to the amendment of a mass or dimension authority 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 a mass or dimension authority were a reference to the relevant road manager for the authority that applies the stated map or stated list. 120—Period for which mass or dimension exemption (notice) applies A mass or dimension exemption (notice)— 121—Requirements about Commonwealth Gazette notice (1) A Commonwealth Gazette notice for a mass or dimension exemption (notice) must state the following: (a) the category of heavy vehicles to which the exemption applies; (b) the mass requirement or dimension requirement to which the exemption applies; (c) the areas or routes to which the exemption applies; (d) the conditions mentioned in section 119(1)(b), including, for example, by referencing the relevant provision of the national regulations; (e) the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161; (f) the other conditions of the exemption; (g) the period for which the exemption applies. 122—Regulator's power to exempt particular class 1 or class 3 heavy vehicle from compliance with mass or dimension requirement (1) The Regulator may, by giving a person a permit as mentioned in section 127, exempt, for a period of not more than 3 years— (a) a class 1 heavy vehicle or class 3 heavy vehicle from compliance with— (i) a prescribed mass requirement; or (ii) a prescribed dimension requirement; or (b) a class 1 heavy vehicle or class 3 heavy vehicle from a requirement relating to the GCM of the vehicle, if subsection (2) applies. (2) The Regulator may, under subsection (1), exempt a class 1 heavy vehicle or class 3 heavy vehicle that includes 2 or more prime movers or 2 or more hauling units from compliance with a mass requirement relating to the GCM of the individual prime movers or hauling units if the total GCM of the prime movers or hauling units complies with the mass requirement relating to the GCM of the combined prime movers or hauling units. (3) An exemption under subsection (1) is a mass or dimension exemption (permit). (4) A mass or dimension exemption (permit) may apply to 1 or more heavy vehicles. See Division 4 of Chapter 4 Part 7 in relation to amendment, suspension or cancellation of a mass or dimension exemption (permit). 123—Application for mass or dimension exemption (permit) (1) A person may apply to the Regulator for a mass or dimension exemption (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. 124—Restriction on grant of mass or dimension exemption (permit) (1) The Regulator may grant a mass or dimension exemption (permit) for a heavy vehicle only if— (a) the Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant risk to public safety; and (b) each relevant road manager for the exemption has consented to the grant; and (c) the Regulator is satisfied all other consents required for the exemption under the law of the relevant jurisdiction have been obtained by the applicant or have been otherwise given. (2) In deciding whether to grant a mass or dimension exemption (permit), the Regulator must have regard to the approved guidelines for granting mass or dimension exemptions. 125—Conditions of mass or dimension exemption (permit) (1) A mass or dimension exemption (permit)— (a) must include a condition about the areas or routes to which the exemption applies; and (b) is subject to conditions prescribed by the national regulations for the exemption; and (c) must be subject to the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161; and (d) may be subject to any other conditions the Regulator considers appropriate, including, for example— (ii) without limiting subparagraph (i), intelligent access program conditions. (2) Without limiting the conditions that may be prescribed under subsection (1)(b), the national regulations may— (a) prescribe conditions that are to apply only to particular areas or roads; and (b) authorise the Regulator to decide the areas or roads to which the conditions are to apply. 126—Period for which mass or dimension exemption (permit) applies (1) A mass or dimension exemption (permit) applies for the period stated in the permit for the exemption. (2) The period may be less than the period sought by the applicant for the mass or dimension exemption (permit). 127—Permit for mass or dimension exemption (permit) etc (1) If the Regulator grants a mass or dimension exemption (permit) to a person, the Regulator must give the person— (b) a notice stating the review and appeal information for any of the following decisions that is a reviewable decision— (i) the Regulator's decision to grant the exemption for a period or impose a condition on the exemption; (ii) a relevant road manager's decision to consent to the grant of the exemption subject to a condition that a road condition or travel condition be imposed on the exemption. Under section 641(6)(a), this notice must also state particular information about obtaining a statement of reasons for the decision. (2) A permit for a mass or dimension exemption (permit) must state the following: (b) a description of each heavy vehicle to which the exemption applies, including the registration number of the vehicle if it is registered; (c) the mass requirement or dimension requirement to which the exemption applies; (d) the areas or routes to which the exemption applies; (e) the conditions mentioned in section 125(1)(b), including, for example, by referencing the relevant provision of the national regulations; (f) the road conditions or travel conditions required by a relevant road manager for the exemption under section 160 or 161; (g) the other conditions of the exemption; (h) the period for which the exemption applies. 128—Refusal of application for mass or dimension exemption (permit) If the Regulator refuses an application for a mass or dimension exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application. See section 166 for the requirements for an information notice relating to a relevant road manager's decision not to give consent to the grant of a mass or dimension exemption (permit). Division 4—Operating under mass or dimension exemption 129—Contravening condition of mass or dimension exemption generally (1) The driver or operator of a heavy vehicle being used on a road under a mass or dimension exemption must not contravene a condition of the exemption. (2) A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a mass or dimension exemption applying to the vehicle. (3) A person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a mass or dimension exemption applying to the vehicle. (4) A person does not commit an offence against this Law in relation to a heavy vehicle contravening a mass requirement or dimension requirement if— (a) the vehicle is exempt, under a mass or dimension exemption, from compliance with the mass requirement or dimension requirement; and (b) the vehicle, and its use on a road, complies with the conditions of the exemption. (5) However, if a person commits a condition offence— (a) the exemption does not operate in the person's favour while the contravention constituting the offence continues; and (b) the exemption must be disregarded in deciding— (i) whether the person has committed an offence in relation to a contravention of a mass requirement or dimension requirement applying to a heavy vehicle; and (ii) the risk category for the contravention. (6) If, because of the operation of subsection (5), a person commits an offence against a provision of this Law (the other offence provision) in relation to a mass requirement or dimension requirement to which an exemption under this Part applies, the person— (a) may be charged with the condition offence or an offence against the other offence provision; but (b) must not be charged with both offences. (7) Subsection (1) does not apply to a condition mentioned in section 132(1). condition offence means an offence against subsection (1), (2) or (3). 130—Contravening condition of mass or dimension exemption relating to pilot or escort vehicle (1) This section applies if a mass or dimension exemption is subject to a condition requiring a heavy vehicle to which the exemption applies to be accompanied by a pilot vehicle or escort vehicle while the heavy vehicle is used on a road. (2) The driver of the pilot vehicle or escort vehicle accompanying the heavy vehicle must comply with the conditions of the mass or dimension exemption about the use of the pilot vehicle or escort vehicle. (3) The operator of the heavy vehicle must ensure, so far as is reasonably practicable, the driver of the pilot vehicle or escort vehicle complies with subsection (2). 131—Using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass or dimension exemption (1) The driver of a pilot vehicle must ensure the pilot vehicle does not accompany a heavy vehicle to which a mass or dimension exemption applies if the heavy vehicle, or its use on a road, contravenes a condition of the exemption because the heavy vehicle— (a) travels on a route not allowed under the exemption; or (b) travels at a time other than a time allowed under the exemption; or (c) is accompanied by fewer than the number of pilot or escort vehicles required under the exemption. (2) If a person is both the driver of a pilot vehicle accompanying a heavy vehicle to which a mass or dimension exemption applies and an operator of the heavy vehicle, the person may, in relation to the heavy vehicle or its use on a road contravening a condition of the exemption of the kind contemplated by subsection (1), be prosecuted under section 129 or subsection (1), but not both. 132—Keeping relevant document while driving under mass or dimension exemption (notice) (1) This section applies if a mass or dimension exemption (notice) is subject to the condition that the driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the exemption must keep a relevant document in the driver's possession. (2) A driver of the class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under the mass or dimension exemption (notice) must comply with the condition. (3) Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse. relevant document, for a mass or dimension exemption (notice), means a copy of— relevant party, for the driver of a class 1 heavy vehicle or class 3 heavy vehicle, means— 133—Keeping copy of permit while driving under mass or dimension exemption (permit) (1) The driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under a mass or dimension exemption (permit) must keep a copy of the permit for the exemption in the driver's possession. (2) If the driver of a class 1 heavy vehicle or class 3 heavy vehicle is driving the vehicle under a mass or dimension exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1), the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party. (3) Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse. relevant party, for the driver of a class 1 heavy vehicle or class 3 heavy vehicle, means— Division 5—Other provision 134—Displaying warning signs on vehicles if not required by dimension exemption (1) A heavy vehicle warning sign must not be displayed on a heavy vehicle unless it is being used under a dimension exemption. (2) A pilot vehicle warning sign must not be displayed on a vehicle unless it is being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption. dimension exemption means an exemption under this Part from compliance with a dimension requirement; heavy vehicle warning sign means a warning sign required under the national regulations to be attached to a heavy vehicle being used under a dimension exemption; pilot vehicle warning sign means a warning sign required under the national regulations to be attached to a vehicle being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption.