Transcript PowerPoint presentation title slide

2014 LGA Roads & Work Conference – 27, 28 & 29 August
Big Wheels Keep on Rolling
Introduction of the Heavy Vehicle National Law
Introduction
 On 10 February 2014 the Heavy Vehicle National Law (HVNL) commenced
in six jurisdictions
o Queensland
o New South Wales
o Victoria
o South Australia
o Australian Capital Territory
o Tasmania
 From this date the National Heavy Vehicle Regulator (NHVR) became
responsible for the regulation of all vehicles with a GVM > 4.5tonne
Big Wheels Keep on Rolling– Introduction of the Heavy Vehicle National Law
What were the implications for South Australia?
 The NHVR became responsible for granting access to the road network via
a mass and dimension notice or permit
 The HVNL introduced the concept of a “Road Manager” - who is an
authority, person or body responsible for the care, control or management of
a road
 In South Australia the Commissioner of Highways, along with Councils were
deemed to be Road Managers
 Under the HVNL the Road Manager is responsible for providing consent to
the NHVR for heavy vehicles to:
o access the road network, and
o determining the appropriate road and travel conditions that may apply to
that access
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
Impacts of the HVNL on Heavy Vehicle Operators
 From 10 February, 2014, Transport Agencies such as DPTI no longer had
direct control over the issue of a mass and dimension permit and/or notice
 All applications for a permits were required to be submitted to the NHVR in
Queensland
 Chapter 4 of the HVNL required consent be sought from all Road Managers
prior to a permit being issued
 Prior to the introduction of the HVNL the term Road Manager did not exist
and no explicit requirement for consent existed in the Road Traffic Act, 1961
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
Impacts (cont)
 Prior to the commencement of the HVNL approx 116 000 permits were
issued p/annum – this equated to 450 permits per day
 South Australia issued approx 16 500 permits p/annum – this equated to 65
permits per day
 The requirement to obtain explicit consent in conjunction with system
failures within the NHVR’s office resulted in significant delays to the heavy
vehicle industry in receiving permits
 Large sections of the heavy vehicle industry such as Oversize / Overmass,
Special Purpose Vehicles sectors who rely heavily on permits to operate
vehicles on road were unable function effectively or efficiently
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
The Interim Solution
 As a result of the delays DPTI accepted a delegation from the NHVR which
took effective from Wednesday 26 February 2014
 The delegation from the NHVR provided for DPTI to undertake the following
functions on their behalf:
o issues permits for Class 1 and Class 3 vehicles for travel within South
Australia
o obtain consent from Road Managers for access in relation to
applications for Class 1 or 3 permits
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
Definition of a Class 1 Heavy Vehicle
S116 (1) of the HVNL defines a class 1 heavy vehicle as follows:
A heavy vehicle is a class 1 heavy vehicle if it, together with its load, does not
comply with a prescribed mass requirement or prescribed dimension
requirement applying to it, and –
(a) it is a special purpose vehicle; or
(b) it is an agricultural vehicle other than an agricultural trailer, or
(c) it –
(ii) is a heavy vehicle carrying, or designed for the purpose of carrying,
a large indivisible item, including, for example, a combination including
a low loader, but
(ii) is not a road train or B-double, or carrying a freight container
designed for multi-modal transport.
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
Definition of a Class 1 Heavy Vehicle (cont)
S116 (2) of the HVNL defines an agricultural trailer as a class 1 heavy vehicle,
irrespective of whether it, together with its load, does or does not comply with
a prescribed mass requirement or prescribed dimension requirement applying
to it.
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
Definition of a Class 3 Heavy Vehicle
S116 (3) of the HVNL defines a class 3 heavy vehicle as follows:
A heavy vehicle is a class 3 heavy vehicle if –
(a) it, together with its load, does not comply with a prescribed mass
requirement or prescribed dimension requirement applying to it, an
(b) it is not a class 1 heavy vehicle.
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
What the NHVR Delegation Doesn’t Cover
 The delegation from the NHVR does not cover permit applications for the
following:
o Class 2 vehicles such as B-doubles, Road Trains
o Interstate travel by Class 1 or 3 vehicles
 Applications for these vehicles are processed by the NHVR who will contact
Road Managers via email seeking consent for the requested access
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
Why Pre-approvals?
 Prior to the 10 February, 2014 DPTI commenced work on:
o identifying permit based schemes (categories of vehicles issued with
permits on a regular basis)
o that contained both DPTI and Council roads
 The aim of this exercise:
o streamline processes
o reduce the administrative burden on individual Road Managers by
gaining pre-approved consent for high volume permit applications
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
Focus of the Pre-approvals for South Australia
 Initial focus for gaining pre-approved consent has been on the high volume
permit applications such as:
o
o
renewal of annual permits with no alterations to the routes previously
provided or to road or travel conditions
applications for single trip or limited trips and the duration of the permit
is up to 1 month; and
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the gross vehicle mass for the vehicle is less than 100 tonnes;
and
the vehicle or load is less than 5 metres wide
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
Focus (cont)
 In early February the first round of requests for pre-approvals were
forwarded to Councils in the form of an Instrument of Authorisation
 In mid July 2014 a follow up letter was forwarded to Chief Executives of
Councils providing further information in relation to the Instrument
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
Why an Instrument of Authorisation?
 No powers exist in the HVNL that allows a Road Manager to delegate its
statutory decision making powers to an another entity
 No power of delegation in s44 of the Local Government Act, 1999 that
extends to the Commissioner of Highways or it’s employees
 Instrument is based on the Carltona Principle - which provides for a person
to whom a statutory power is vested in to rely on an implied power to
authorise an official to exercise the statutory on the person’s behalf
 In this instance the Instrument is authorising DPTI to exercise the powers
and functions of a Road Manager under the HVNL
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
What’s next for Pre-approvals
 Class 1 - Oversize Vehicles/Loads up to 5m
o Carrying indivisible items up to 5.0m wide, 4.9m high (subject to SA
Power Networks clearances) and 30m in length,
o Vehicles included in this pre-approval are:
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Trailer boats up to 2.9m wide
Baled hay (square) up to 4.6m high
Baled hay (round) up to 4.6m high and/or 3.4m wide
Rolls of plastic pipe up to 3.5m wide
Logs & railway sleepers loaded across the tray up to 2.75m wide
Concrete Pipes loaded across the tray up to 2.6m wide
Pin Jib Crane Boom sections up to 3.5m wide
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
What’s next for Pre-approvals (cont)
 Class 1 - Special Purpose Vehicle
o Up to 4 axles with a gross vehicle mass of 40 tonne that exceed
statutory axle mass limits and /or dimension limits,
o Vehicles included in this pre-approval are:
 Concrete Pumps – up to 2.5m wide and 12.5m long
 Drill Rigs – up to 2.5m and 12.5m long
 Elevating Platform (Cherry Pickers) - up to 2.5m wide and 12.5m
long
 Truck based cranes – up to 2.5m wide and 12.5m long
 Pick and carry cranes - up to 2.5m wide and 14.5m long with a
forward boom projection up to 5.00m
 Carrier mounted mobile cranes – up to 3.05m wide and/or 14.5m
long
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
What’s next for Pre-approvals (cont)
 Class 1 Oversize Vehicles/Loads up to 9m
o Vehicles carrying indivisible items up to 9.0m wide, 6m high and 50m
in length
o Includes travel on the Over dimensional routes (OD3, OD4, OD5,
OD6 and Yorkeys Crossing)
o Vehicles included in this pre- approval are as follows:
 Transportable houses
 Transport of Mining Trucks/Equipment
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law
FURTHER INFORMATION
 DPTI Vehicle Permits Team – Phone 1300 882 249
 DPTI NHVR Project Team – Phone (08) 8343 2904
 NHVR – 1300 696 487
Big Wheels Keep on Rolling – Introduction of the Heavy Vehicle National Law