Road Assessments under National Heavy Vehicle Law
1.Introduction
This paper has been prepared to provide advice to Councils in South Australia regarding the operation of heavy vehicles under the Heavy Vehicle National Law (South Australia) Act 2013 (NHVL). DPTI has been consulted during the preparation of this advice.
2.Heavy Vehicle National Law
The National Heavy Vehicle Regulator (NHVR) commenced operation throughout Australia on 10 February 2014. South Australia is a participant in the national scheme, and has introduced the Heavy Vehicle National Law (South Australia) Act 2013 to give effect to the scheme in SA.
3.Role of Local Government
The Heavy Vehicle National Law expressly identifies a ‘road manager’ as having particular responsibilities regarding decision‐making for heavy vehicle access to the road network. The South Australian legislation includes a definition that recognises local government as road managers.
As a road manager, local government will work directly with the NHVR to determine which vehicles operate on their roads and the conditions under which they will operate.
4.Role of National Heavy Vehicle Regulator
The NHVR is the only entity that may issue a mass or dimension authority (by gazette notice or by issuing a permit), except as described in Point 5 below.
The NHVR must consider the following criteria when determining a request for access:
•it is satisfied that the use of the heavy vehicle on a road will not pose a significant risk to public safety;
•each relevant road manager has consented to the grant; and
•it is satisfied that all other consents required by local legislation (such as from police or railway operators) have been obtained or given.
The NHVR may grant an access permit subject to conditions. The NHVR must impose road or travel conditions if requested by a road manager.
5.Class1 Oversize/Overmass Vehicles, Special Purpose Vehicles and Agricultural Vehicles and Class 3 Vehicles all other heavy vehicles that are not Class 1 and Class 2
From 27 February 2014, DPTI will process and issue permits for Class1 and Class 3 vehicles under a delegation from the NHVR. Operators will be able to apply directly to DPTI as they did prior to the NHVR coming into operation on 10 February 2014.
Under this delegation,
- DPTI will process intrastate Class 1 and Class 3 heavy vehicle applications, with approval from Councils where necessary.
- Interstate Class1 and Class 3 heavy vehicle applications will be processed by NHVR, with approval from Councils as necessary.
- Class 2 heavy vehicle applications will be processed by NHVR, with approval from Councils as necessary.
Vehicle Class / Approving Authority / Council role
Intrastate Class1 and Class 3 vehicles / DPTI / Council approval needed for Council roads
Interstate Class 1 and Class 3 / NVHR / Council approval needed for Council roads
Class 2 vehicles / NVHR / Council approval needed for Council roads
Appendix 1 contains the Notice from the NHVR outlining these arrangements.
Appendix 2 shows vehicle classes (Class 1, Class 2 and Class 3)
6.Pre Approvals for Access Permits
The HVNL allows road managers to establish pre‐approved routes which may apply to annual permits, period trip permits orfor networks currently available throughgazette notices.
DPTI has prepared 51 pre-approvals for vehicle categories and routes which have previously been allowed access through an annual heavy vehicle permit. The intention of the pre-approvals is to simplify and speed up the process of issuing permits (and the workload for Councils) for these specific vehicles and routes. Councils are able to decide if they wish to use the pre-approval process.
Pre‐approvals will be utilised by DPTI and/or the NHVR as part of validation checks on incoming permit applications. If the vehicle and routes requested in an application match an existing pre‐approval arrangement, DPTI and/or the NHVR will issue a permit consistent with the pre-approval. If a permit is issued for the application, the road manager will benotified that a permit has been issued.
If Councils chose to establish pre-approvals, Class 1 and Class 3 pre-approvals should be advised to NHVR and DPTI, with Class 2 pre-approvals advised to NHVR.
7.Loads less than 100T and less than 5m wide
If a permit application is for a Class 1 or Class 3 permit for intrastate travel in SA, the operator will apply to DPTI for the permit who will process the application in the normal manner, including seeking Council consent.
8.Route Assessment Process
Under the HVNL, operators will apply to the NHVR who will then engage the necessary road managers who in turn will determine if the application will be approved, and under what conditions it will be approved.
The HVNL provides that a road manager may decide not to give consent if satisfied that the mass or dimension authority will, or is likely to:
•cause damage to road infrastructure; or
•impose adverse effects on the community from noise, emissions or traffic congestion; or
•pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and
•it is not possible to consent to the grant subject to road or travel conditions that will avoid or significantly mitigate one of the above relevant risks.
The road manager must determine:
•if the use of restricted access vehicles will cause damage to road infrastructure or have adverse impacts on the community (amenity); and
•whether the restricted access vehicle can be used safely on its road network.
A risk management approach should be adopted to assess the likelihood and consequence of the impact of issues arising. There may be specific actions to be taken to bring the risks to acceptable levels.
The road manager does not have to determine whether the restricted access vehicle can operate safely, but it can request that the NHVR include vehicle conditions in a mass or dimension authority.
Under the HVNL, road managers do not have to ensure that applicants consult with or obtain the consent of other entities such as electricity, gas and telecommunications utilities. That is the NHVR’s responsibility. However, the road manager may consult with these entities in making their decision to grant access.
The road manager may also have ongoing relationships with other agencies responsible for other road management or transport planning activities, such as DPTI strategic network planning.
Road managers should ensure that the legitimate interests of these agencies or entities are taken into account in assessing the risks of damage to road infrastructure, adverse effects on the community and risks to public safety.
This includes any obligations under interface agreements with rail infrastructure managers under the Rail Safety National Law, as in force in each state or territory, or other rail safety legislation. Councils should be a party to Rail Interface Agreements with Rail Authorities.
9.AttachmentsAHeavy Vehicle Route Assessment Flowchart
BHeavy Vehicle Route Risk Assessment
CRoute Assessment Summary sheet
DExample Conditions that may be applied
EHeavy Vehicle Class Descriptions
12/03/20141