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This topic covers
- Heavy vehicles
- Fatigue management
- ​The maximum mass, height, width and length of heavy vehicles
- How loads should be restrained
- The legal obligations of drivers and others in the supply chain
A heavy vehicle is any vehicle that weighs more than 4.5 tonnes.Â
If the customer has received a fine, see the Fines topic for information about the fines process.
If the customer's offence is being heard in the Local Court of NSW, see the Crime​ topic for information about the court process.Â
The issues in this LawPrompt are complex and customers should be encouraged to get legal advice.
| Time limit | Action |
|---|---|
| 28 days, or three months with the leave (permission) of the Court | To appeal a decision of the Local Court to the District Court, if you attended court when you were convicted and sentenced. |
| Two years | From the date of the decision to apply for an annulment, if you didn't attend court. |
Organisation
| Organisation | Responsibilities |
|---|---|
| National Heavy Vehicle Regulator (NHVR) | The government body responsible for administering the Heavy Vehicle National Law for all heavy vehicles in Australia, including Heavy Vehicle Inspection Stations, on-road enforcement, investigations and prosecutions. |
| Transport for NSW | The NSW authority responsible for the registration and licensing of heavy vehicle drivers, registration of heavy vehicles, tow truck investigations and compliance. |
Legislation
| Authority | Covers |
|---|---|
| Heavy Vehicle National Law (HVNL) | Outlines the law regarding heavy vehicles. The HVNL focuses on mass, dimension and loading requirements, speed and fatigue management.​ |
| Heavy Vehicle (Fatigue Managemen​t) National Regulation (NSW) | Outlines drivers’ maximum work and minimum rest hours and record keeping requirements. |
| Heavy Vehicle (General) National Regulation (NSW) | Outlines the process for vehicle approvals, the process for dealing with seized property and the obligations of the NHVR. |
| Heavy Vehicle (Mass, Dimension and Loading) National Regulation (NSW) | Outlines the maximum mass and dimensions of heavy vehicles and the rules for restraining loads on heavy vehicles. |
| Heavy Vehicle (Vehicle Standards) National Regulation (NSW) | Outlines the vehicle standards that a heavy vehicle must comply with before it can be used on public roads. |
| Common ​​term | Definition |
|---|---|
| Aggregate Trailer Mass (ATM) | Aggregate Trailer Mass is the total weight of the trailer, including​ its load, and the weight of the towing vehicle when they are on a flat surface. |
| Concessional Mass Limits (CML) | Concessional Mass Limits allow an operator to carry more than the General Mass Limit if they are accredited under the National Heavy Vehicle Accreditation Scheme. |
| General Access Vehicle (GAV) | A General Access Vehicle is a vehicle which does not need a notice or permit to access a road. |
| General Mass Limits (GML) | The General Mass Limit is the maximum weight for all heavy vehicles unless they have an accreditation or an exemption. |
| Gross Vehicle Mass (GVM) | The Gross Vehicle Mass is the maximum loaded weight of a vehicle. |
| Heavy vehicle | A heavy vehicle is a vehicle (or a combination that includes a vehicle) with a Gross Vehicle Mass or an Aggregate Trailer Mass of more than 4.5 tonnes. |
Heavy Vehicle National Law (HVNL) | The Heavy Vehicle National Law is the law that applies to all heavy vehicles in Australia. It includes the:Â
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| Higher Mass Limits (HML) | Higher Mass Limits give some heavy vehicles extra mass entitlements if the vehicle's operator is accredited under the National Heavy Vehicle Accreditation Scheme and fitted with a certified road friendly suspension. |
| Pole-type trailer | A pole-type trailer is a trailer attached to a vehicle by a pole or an attachment fitted to a pole and is generally used to carry a load. |
| ​Road train prime mover | ​A prime mover registered as a multi combination prime mover in a state or territory. In NSW, these are 3-axle prime movers with the registration code MC3 and 4-axle prime movers with the registration code MC4. |
| Restricted Access Vehicle (RAV) | A Restricted Access Vehicle (RAV) is a vehicle which does not comply with dimension or mass limits. A RAV may still access certain roads if it has a specific permit. |
| Organisation | Fees |
|---|---|
| National Heavy Vehicle Regulator (NHVR) | ​​You have to pay a fee to apply for each accreditation under the National Heavy Vehicle Accreditation Scheme (NHVAS). The fee varies depending on what the accreditation is for. See Fee schedule on the NHVR website​. |
| The National Driver Work Diary costs $28.00 (as at 1 July 2023).​ See Work diary on the NHVR website. |
| Organisation | Forms |
|---|---|
| National Heavy Vehicle Regulator (NHVR) | You must complete a National Heavy Vehicle Accreditation Scheme (NHVAS) accreditation application form​ to apply for an accreditation under the NHVAS. The documents supporting your application will vary depending on the accreditation you are applying for. See NHVAS applications and forms on the NHVR website. |
| If you are applying​ for an exemption from filling out your work diary yourself, you will need to fill out an Establish work diary or record keeping exemption (permit) form. |
| Type | Costs |
|---|---|
| Legal costs | If you are convicted of the offence, you may have to pay the costs of the Prosecutor, for example, a lawyer representing Transport for NSW (TfNSW). There is no set amount. The amount depends on what is reasonable in the circumstances. If you successfully defend your matter you may be able to claim costs. For more information about claiming your lawyer's costs, see the Crime topic. |
| Victims Support Levy | If you are convicted of the offence, you may also have to pay the Victims Support Levy. If your charge is dismissed, you won't have to pay the Victims Support Levy. If get a section 10 dismissal for the offence, you may not have to pay the Victims Support Levy. |
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Last updated: December 2023