Vehicle and Traffic (Vehicle Operations) (Exemption) Notice 2015

Vehicle and Traffic (Vehicle Operations) (Exemption) Notice 2015

The Transport Commission makes the following notice under regulation 57 of the Vehicle and Traffic (Vehicle Operations) Regulations 2014 .

1.   Short title

This notice may be cited as the Vehicle and Traffic (Vehicle Operations) (Exemption) Notice 2015 .

2.   Commencement

This notice takes effect on the day on which its making is notified in the Gazette.

3.   Interpretation

(1)  In this notice –

oversize indivisible item means an indivisible item, other than a freight container, that –

(a) cannot, without disproportionate effort, expense or risk of damage, be divided into 2 or more smaller items; and

(b) cannot be carried on any light vehicle without exceeding the relevant dimension limit for the light vehicle as specified in Part 2 of the Vehicle Operations Regulations;

Vehicle Operations Regulations means the Vehicle and Traffic (Vehicle Operations) Regulations 2014 .

(2)  A word or phrase that is defined in the Vehicle and Traffic Act 1999 or the Vehicle Operations Regulations and used in this notice has the same meaning in this notice as defined in that Act or in those regulations.

(3)  The Acts Interpretation Act 1931 applies to the interpretation of this notice as if it were regulations within the meaning of that Act.

4.   Application of exemption notice

An exemption specified in this notice –

(a) applies to all areas of the State; and

(b) applies at all times of the day; and

(c) remains in force for the period of 3 years commencing on the date on which this notice takes effect.

5.   Exemption of light vehicles carrying hay

Subject to the conditions specified in clause 6 , regulation 28 of the Vehicle Operations Regulations does not apply to a person using, or causing or permitting the use of, a light vehicle carrying hay in bales or rolls.

6.   Conditions on exemption of light vehicles carrying hay

The exemption under clause 5 is subject to the following conditions:

(a) the light vehicle, inclusive of its load, must not exceed 3 metres in width;

(b) if the light vehicle, inclusive of its load, exceeds 2.5 metres in width, the light vehicle must display –

(i) an oversize vehicle sign on the front and rear of the light vehicle; and

(ii) flags in accordance with clause 4 of Schedule 1 to the Vehicle Operations Regulations; and

(iii) warning lights when the light vehicle is used at night;

(c) the light vehicle must not be used if visibility is less than 250 metres in daylight or if the headlights of a vehicle approaching within 250 metres cannot be seen at night.

7.   Exemption of light vehicles carrying oversize indivisible items

Subject to the conditions specified in clause 8 , regulation 28 of the Vehicle Operations Regulations does not apply to a person using, or causing or permitting the use of, a light vehicle, that is carrying one or more oversize indivisible items.

8.   Conditions on exemption of light vehicles carrying oversize indivisible items

The exemption under clause 7 is subject to the following conditions:

(a) the width of the light vehicle, exclusive of its load, must exceed 2.3 metres;

(b) the width of the light vehicle, inclusive of its load, must not exceed 3.5 metres;

(c) the light vehicle must display side markers and rear markers for night travel in accordance with clause 6 of Schedule 1 to the Vehicle Operations Regulations;

(d) the light vehicle must not carry more than one oversize indivisible item, if the carriage of a second or subsequent item causes a further dimension limit to be exceeded;

(e) the light vehicle must not be used if visibility is less than 250 metres in daylight or if the headlights of a vehicle approaching within 250 metres cannot be seen at night;

(f) if the light vehicle, inclusive of its load, exceeds 2.5 metres in width –

(i) an oversize vehicle sign must be displayed at the front and rear of the light vehicle; and

(ii) flags, in accordance with clause 4 of Schedule 2 to the Vehicle Operations Regulations, must be displayed;

(g) if the light vehicle is used in daylight, it must display its headlights on low beam;

(h) if the light vehicle, inclusive of its load, exceeds 3 metres in width and it is used in daylight, the light vehicle must display warning lights;

(i) if the light vehicle, inclusive of its load, exceeds 2.5 metres in width and it is used at night, the light vehicle must display warning lights;

(j) the light vehicle must be accompanied by a pilot vehicle in accordance with –

(i) Schedule 1; and

(ii) Part 3 of Schedule 2 to the Vehicle Operations Regulations;

(k) if the light vehicle has a load that projects more than 150mm beyond one side of the vehicle and that projection is less than 500mm thick, delineators must be attached in accordance with clause 5 of Schedule 1 to the Vehicle Operations Regulations.

SCHEDULE 1 - Pilot vehicles

Clause 8(j)

1.   A pilot vehicle is required for a light vehicle if the light vehicle –

(a) when used at night, exceeds 3.1 metres in width; or

(b) exceeds 3.2 metres in width and is used on any of the following roads:

(i) Blowhole Rd, Eaglehawk Neck (C338);

(ii) Channel Hwy (B68) – Kettering to Gordon;

(iii) Corinna Developmental Rd (C247);

(iv) Cradle Mountain Tourist Rd (C132) – Learys Corner to Chalet;

(v) Guildford Rd, Guildford;

(vi) the Huon Hwy from Scotts Secondary Rd, Geeveston (the southern junction) to Southport;

(vii) Lake Dobson Tourist Rd (C609);

(viii) Lake Secondary Rd (A5) – Breona to Golden Valley;

(ix) the Lyell Hwy from Wayatinah to Tungatinah Lagoon;

(x) the Lyell Hwy between Mt Arrowsmith tourist lookout and Strahan;

(xi) Mount Barrow Tourist Rd (C609);

(xii) the Murchison Hwy (A10) – Rosebery to Tullah (Mt Black); Henrietta to Parawee (Hellyer Gorge);

(xiii) Notley Gorge Rd (C731);

(xiv) Storeys Creek Rd (B42);

(xv) Tasmans Arch Rd (C338);

(xvi) the Tasman Hwy (A3) – Moorina to Goshen; Scottsdale to Nunamara;

(xvii) Elephant Pass Main Rd – between St Marys and the Tasman Hwy;

(xviii) Esk Main Rd – St Marys to Falmouth Rd Junction (St Marys Pass);

(xix) Waratah Main Rd (B23) – Savage River to the Murchison Hwy.

The common seal of the Transport Commission was affixed on 18 August 2015, in the presence of –

SHANE GREGORY

Transport Commission

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 August 2015

This notice is administered in the Department of State Growth.

EXPLANATORY NOTE

(This note is not part of the notice)

This notice exempts, for 3 years, certain light vehicles transporting hay or indivisible items from side projection requirements contained in regulation 28 of the Vehicle and Traffic (Vehicle Operations) Regulations 2014 .