Heavy Vehicle (Mass, Dimension and Loading) National Regulation

This section applies if a relevant road manager for a permit is satisfied the use of heavy vehicles on a road under the permit—

has caused, or is likely to cause, damage to road infrastructure; or

has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines for granting class 2 heavy vehicle authorisations or mass or dimension exemptions; or

has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.

The road manager may ask the Regulator to—

amend the permit, including, for example, by—

amending the areas or routes to which the permit applies; or

amending the days or hours to which the permit applies; or

imposing or amending road conditions or travel conditions; or

cancel the permit.

The Regulator must comply with the request.

However, if consent to the grant of the permit was given by a road authority under section 163 of the Law—

the Regulator may refer the request to the road authority; and

if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and

if the road authority does not give written approval of the request within 28 days after the referral is made, the Regulator—

must not comply with the request; and

must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.

If the permit is amended or cancelled under this section, the Regulator must give the holder of the permit notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.

The notice given to the holder must state—

the day the amendment or cancellation is to take effect; and

the reasons given by the road manager for the amendment or cancellation; and

the review and appeal information for the road manager’s decision.