The main purposes of Chapter 4 of the Heavy Vehicle National Law (HVNL) are to protect the public by reducing the number of overloaded vehicles on the roads, and to protect roads and infrastructure from the excessive wear and tear caused by overloaded vehicles.

The HVNL does this in several ways, summarised in s 94(2). These include imposing mass limits on vehicles and restricting access to certain roads by particular heavy vehicles.

Chapter 4 also accepts that a 'one size fits all' approach will not recognise or promote efficiencies, and so it allows for regulatory schemes with more flexible mass limits. While this seems straightforward, the administration of those schemes can be quite complex.

The starting point is the classification of vehicles into two categories:

  • General Access Vehicles (GAVs); and
  • Restricted Access Vehicles (RAVs).

There are three classes of RAVs:

  • Class 1 vehicles are special-purpose vehicles, including agricultural machinery and oversize and/or over-mass vehicles;
  • Class 2 vehicles are freight-carrying vehicles and include B-doubles, passenger buses and livestock carriers; and
  • Class 3 vehicles are vehicles that, when measured together with their load, do not comply with prescribed mass or dimension requirements.

The General Mass Limits (GML) set out in the Heavy Vehicle National Regulations (HVNR) apply to all heavy vehicles. However, it is possible to be licensed to operate above these limits. One scheme is the Concessional Mass Limit (CML) scheme, which allows accredited operators to operate at 5% above the GML. Another scheme is the Higher Mass Limits (HML) scheme, which applies to vehicles with particular characteristics.

While these arrangements promote higher efficiencies, they are not without complexities – particularly for other parties in the CoR who do not operate the vehicles themselves.

Under s 96 of the HVNL, it is an offence for a person to drive a heavy vehicle on a road if the vehicle does not comply with the mass requirements applying to that vehicle.

Section 183 extends that liability to:

  • the driver's employer;
  • the prime contractor;
  • the operator; and
  • any consignor, packer, loader or loading manager.

The reasonable steps defence applies to offences under s 96. Section 194 creates liability for the consignee if that consignee does an act or makes an omission, and that act or omission results in (or is likely to result in) inducing or rewarding a contravention of a mass limit in circumstances where the person intended for that to occur, or was reckless or negligent.

The reasonable steps defence does not apply to s194.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.