Part 6Restricting access to roads by large vehicles that are not overmass or oversize vehicles

Part 6—Restricting access to roads by large vehicles that are not overmass or oversize vehicles 135—Main purpose of Part 6 The main purpose of this Part is to restrict access to roads by heavy vehicles that, while complying with mass requirements and dimension requirements applying to them, may, because of their size— (a) endanger public safety; or (b) damage road infrastructure; or (c) adversely affect public amenity. 136—Class 2 heavy vehicles (1) A heavy vehicle is a class 2 heavy vehicle if— (a) it— (i) complies with the prescribed mass requirements and prescribed dimension requirements applying to it; and (ii) is— (A) a B‑double; or (B) a road train; or (C) a bus, other than an articulated bus, that is longer than 12.5m; or (D) a combination designed and built to carry vehicles on more than 1 deck that, together with its load is longer than 19m or higher than 4.3m; or (E) a motor vehicle, or a combination, that is higher than 4.3m and is built to carry cattle, sheep, pigs or horses; or (b) it is a PBS vehicle other than a specified PBS vehicle. specified PBS vehicle means a PBS vehicle that— (a) is not a bus; and (b) is not longer than 20m; and (c) is the subject of a current PBS vehicle approval at performance level 1; and (d) complies with the PBS vehicle approval; and (e) complies with the general mass limits for the vehicle, regardless of whether the PBS vehicle approval authorises a higher mass limit. General mass limits for a vehicle may be included in prescribed mass requirements under section 95. Division 2—Restriction 137—Using class 2 heavy vehicle A person must not use a class 2 heavy vehicle, or permit a class 2 heavy vehicle to be used, on a road other than in accordance with a class 2 heavy vehicle authorisation. Division 3—Authorisation by Commonwealth Gazette notice 138—Regulator's power to authorise use of all or stated categories of class 2 heavy vehicles (1) The Regulator may, by Commonwealth Gazette notice complying with section 142, authorise, for a period of not more than 5 years, the use of all or stated categories of class 2 heavy vehicles in one or more of the following ways: (a) in stated areas or on stated routes; (b) during stated hours of stated days; (c) in the case of PBS vehicles, in accordance with a stated requirement that the vehicles are operated in accordance with the conditions contained in a PBS vehicle approval. (2) An authorisation under subsection (1) is a class 2 heavy vehicle authorisation (notice). See Division 3 of Chapter 4 Part 7 in relation to amendment, suspension or cancellation of a class 2 heavy vehicle authorisation (notice). 139—Restriction on grant of class 2 heavy vehicle authorisation (notice) (1) The Regulator may grant a class 2 heavy vehicle authorisation (notice) only if— (a) the Regulator is satisfied the use of class 2 heavy vehicles, or the stated categories of class 2 heavy vehicles, on a road under the authorisation will not pose a significant risk to public safety; and (b) each relevant road manager for the authorisation has consented to the grant; and (c) the Regulator is satisfied all other consents required for the authorisation under the law of the relevant jurisdiction have been obtained or given. (2) In deciding whether to grant a class 2 heavy vehicle authorisation (notice), the Regulator must have regard to the approved guidelines for granting class 2 heavy vehicle authorisations. 140—Conditions of class 2 heavy vehicle authorisations (notice) A class 2 heavy vehicle authorisation (notice)— (a) must be subject to the road conditions or travel conditions required by a road manager for the authorisation under section 160 or 161; and Under sections 160(1)(b) and (4), a road manager may only require road conditions of a type prescribed by the national regulations. (b) may be subject to other conditions the Regulator considers appropriate, including, for example, a condition that the driver of a class 2 heavy vehicle who is driving the vehicle under the authorisation must keep in the driver's possession a copy of— (i) the Commonwealth Gazette notice for the authorisation; or (ii) an information sheet about the authorisation published by the Regulator on the Regulator's website. 141—Period for which class 2 heavy vehicle authorisation (notice) applies A class 2 heavy vehicle authorisation (notice)— (i) when the Commonwealth Gazette notice for the authorisation is published; or 142—Requirements about Commonwealth Gazette notice etc (1) A Commonwealth Gazette notice for a class 2 heavy vehicle authorisation (notice) must state the following: (a) that the authorisation applies to all class 2 heavy vehicles or, if the authorisation only applies to particular categories of class 2 heavy vehicles, the categories of class 2 heavy vehicles to which the authorisation applies; (b) the areas or routes to which the authorisation applies; (c) the days and hours to which the authorisation applies; (d) any conditions applying to class 2 heavy vehicles being used on a road under the authorisation; (e) the period for which the authorisation applies. (2) Without limiting subsection (1)(b), the notice 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 list. (3) Without limiting subsection (1)(d), the notice may state road conditions or travel conditions under the subsection by referring to road conditions or travel conditions shown on a stated map or stated list applied under subsection (2)(a). (4) The Regulator must publish a copy of the notice on the Regulator's website. (5) 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). (6) Despite subsection (5)(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. relevant road authority, for a class 2 heavy vehicle authorisation (notice), means the road authority for the participating jurisdiction in which the road likely to be travelled under the authorisation is situated; travel conditions means travel conditions required by the relevant road manager under section 161. 142A—Process for amending stated map or stated list (1) This section applies to the amendment of a stated map or stated list mentioned in section 142. (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 139 applies; and (b) Division 2 of Chapter 4 Part 7 applies to the extent the Division relates to the grant of a class 2 heavy vehicle authorisation (notice); and (c) Division 3 of Chapter 4 Part 7 does not apply. (3) For the purpose of subsection (2), section 139 and Division 2 of Chapter 4 Part 7 apply as if— (a) a reference to the grant of a class 2 heavy vehicle authorisation (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 class 2 heavy vehicle authorisation (notice) or a mass or dimension authority were a reference to the relevant road manager for the authorisation 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 139 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 class 2 heavy vehicle authorisation (notice). (6) For the purpose of 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. Division 4—Authorisation by permit 143—Regulator's power to authorise use of a particular class 2 heavy vehicle (1) The Regulator may, by giving a person a permit as mentioned in section 148, authorise, for a period of not more than 3 years, the use of a class 2 heavy vehicle— (a) in stated areas or on stated routes; and (b) during stated hours of stated days. (2) An authorisation under subsection (1) is a class 2 heavy vehicle authorisation (permit). (3) A class 2 heavy vehicle authorisation (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 class 2 heavy vehicle authorisation (permit). 144—Application for class 2 heavy vehicle authorisation (permit) (1) A person may apply to the Regulator for a class 2 heavy vehicle authorisation (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. 145—Restriction on grant of class 2 heavy vehicle authorisation (permit) (1) The Regulator may grant a class 2 heavy vehicle authorisation (permit) for a class 2 heavy vehicle only if— (a) the Regulator is satisfied the use of the class 2 heavy vehicle on a road under the authorisation will not pose a significant risk to public safety; and (b) each relevant road manager for the authorisation has consented to the grant; and (c) the Regulator is satisfied all other consents required for the authorisation 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 class 2 heavy vehicle authorisation (permit), the Regulator must have regard to the approved guidelines for granting class 2 heavy vehicle authorisations. 146—Conditions of a class 2 heavy vehicle authorisation (permit) A class 2 heavy vehicle authorisation (permit)— (a) must be subject to the road conditions or travel conditions required by a relevant road manager for the authorisation under section 160 or 161; and (ii) without limiting subparagraph (i), intelligent access program conditions. 147—Period for which class 2 heavy vehicle authorisation (permit) applies (1) A class 2 heavy vehicle authorisation (permit) applies for the period stated in the permit for the authorisation. (2) The period may be less than the period sought by the applicant for the class 2 heavy vehicle authorisation (permit). 148—Permit for class 2 heavy vehicle authorisation (permit) etc (1) If the Regulator grants a class 2 heavy vehicle authorisation (permit) to a person, the Regulator must give the person— (a) a permit for the authorisation; and (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 authorisation for a period or impose a condition on the authorisation; (ii) a relevant road manager's decision to consent to the grant of the authorisation subject to a condition that a road condition or travel condition be imposed on the authorisation. 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 class 2 heavy vehicle authorisation (permit) must state the following: (a) the name and address of the person to whom the permit is given; (b) if the authorisation applies to particular categories of class 2 heavy vehicles, the categories of heavy vehicles to which the authorisation applies; (c) the areas or routes to which the authorisation applies; (d) the days and hours to which the authorisation applies; (e) the road conditions or travel conditions required by a relevant road manager for the authorisation under section 160 or 161; (f) any other conditions applying to a class 2 heavy vehicle being used on a road under the authorisation; (g) the period for which the authorisation applies. 149—Refusal of application for class 2 heavy vehicle authorisation (permit) If the Regulator refuses an application for a class 2 heavy vehicle authorisation (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 road manager's decision not to give consent to the grant of a class 2 heavy vehicle authorisation (permit). Division 5—Operating under class 2 heavy vehicle authorisation 150—Contravening condition of class 2 heavy vehicle authorisation (1) The driver or operator of a class 2 heavy vehicle being used on a road under a class 2 heavy vehicle authorisation must not contravene a condition of the authorisation. (2) Subsection (1) does not apply to a condition mentioned in section 151(1). 151—Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice) (1) This section applies if a class 2 heavy vehicle authorisation (notice) is subject to the condition that the driver of a class 2 heavy vehicle who is driving the vehicle under the authorisation must keep a relevant document in the driver's possession. (2) A driver of the class 2 heavy vehicle who is driving the vehicle under the class 2 heavy vehicle authorisation (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 class 2 heavy vehicle authorisation (notice), means a copy of— (a) the Commonwealth Gazette notice for the authorisation; or (b) an information sheet about the authorisation published by the Regulator on the Regulator's website; relevant party, for the driver of a class 2 heavy vehicle, means— 152—Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit) (1) The driver of a class 2 heavy vehicle who is driving the vehicle under a class 2 heavy vehicle authorisation (permit) must keep a copy of the permit for the authorisation in the driver's possession. (2) If the driver of a class 2 heavy vehicle is driving the vehicle under a class 2 heavy vehicle authorisation (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 2 heavy vehicle, means—