Road manager - amend or cancel permit
Road manager - amend or cancel permit
National
Heavy
Vehicle
Regulator
This page provides information for road managers seeking to amend or cancel an existing heavy vehicle authority (permit).
Amending or cancelling an authority (permit) under the HVNL
Under section 178 of the HVNL, a road manager may ask the regulator to amend or cancel an existing heavy vehicle permit. For a request to be valid, the road manager must be satisfied that the use of the permitted heavy vehicle —
- 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; 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.
Note: Under section 176 of the HVNL, the permit holder may submit an amend permit application to cancel/amend routes, areas, or conditions (road or travel conditions).
When to request a permit amendment
Road managers have the option to request a permit amendment when they identify a risk that can be addressed by imposing additional conditions or restrictions. This approach allows for adjustments in response to emerging issues or changing circumstances, while minimising disruptions to the permit holder's operations.
The road manager may submit a request to amend the mass or dimension authority, including, for example, by—
- amending the areas or routes to which the authority applies; or
- amending the days or hours to which the authority applies; or
imposing or amending road conditions or travel conditions on the authority.
When to request a permit cancellation
The NHVR encourages road managers to consider mitigating risk by applying relevant conditions in the first instance. If conditions cannot reasonably manage the effects of an identified risk, the road manager may request a permit cancellation. This decision should only be made after careful consideration of all potential risks and the possible ways to mitigate them.
Applying to amend or cancel a permit
To request a permit amendment or cancellation, road managers should submit a completed Road Manager Amend/Cancel Permit form to info@nhvr.gov.au.
The submitted form must:
- Set out findings on material facts, referring to the evidence or other material on which those findings were based and giving the reasons for the road manager's decision; and
- Identify every document or part of a document that is relevant to the road manager's decision and is in the road manager's possession; or under the road manager's control; or otherwise available to the road manager.
Providing notice of permit amendment or cancellation
Where an amendment has an adverse effect on the permit holder (i.e. where access is being reduced or restricted) or a cancellation has been requested, the NHVR must give the permit holder 28 days’ notice before the amendment or cancellation is to take effect.
The notice to the permit holder must contain information detailing –
- when 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.
Right to appeal permit amendment or cancellation
During the 28-day notice period, the permit holder has the right to appeal the road manager's decision by submitting an 'Internal Review' application.
The internal review process could result in one of the following outcomes:
- If the Internal Review outcome upholds the original decision made by the road manager, the NHVR will proceed with the intended amendment or cancellation of the permit.
- If the Internal Review leads to an amendment of the road manager's decision, the NHVR will implement the revised amendment or cancellation accordingly. However,
- If the Internal Review outcome overturns the road manager’s decision, the NHVR will not proceed with the requested amendment or cancellation.
To reduce the risk of internal reviews and appeals, road managers should ensure the identified risk complies with the HVNL requirements and submit all relevant evidence supporting the decision.
Refer to the Internal Review page for more information about the internal review process.
Note: Road managers must comply with the responsibilities laid out in section 644 of the HVNL when conducting an internal review.
Immediate Suspension of Permit
Section 179 of the HVNL allows for immediate suspension of a permit when the NHVR determines that it is necessary to prevent or minimise serious harm to public safety or significant damage to road infrastructure.
When the NHVR issues an immediate suspension notice, the requested cancellation or amendment is actioned immediately and remains in effect until one of the following occurs:
- A permit amendment or cancellation takes effect; or
- The suspension is cancelled by the NHVR; or
- 56 days has passed after issuing the immediate suspension notice.
Note: Immediate suspension prevents the permit holder from accessing the permitted route or network during the 28-day notification period that begins when a notice of permit amendment or cancellation is issued.
What if an error in the consent process is identified?
There may be instances where new information comes to light after a decision has been made that may have had a direct impact on the decision-making process. In such cases, the road manager should complete the Road Manager Amend/Cancel Permit form, specifying the necessary changes to their decision. The NHVR will then undertake the required steps to address the error and proceed with amending or cancelling the permit accordingly.
What if a severe weather incident has damaged infrastructure?
Consult the managing route disruptions page for detailed information on managing access to local government roads in the event of a disruption or emergency situation.
What if I don’t know the exact permit details?
The road manager should provide as much information as possible so that the NVHR can undertake required searches.
For example, if it has been determined that a section of Jones Road is no longer suitable for heavy vehicle access, the road manager should provide specifics of the road and the locality. Although searches of valid permits may take some time, the NHVR will exhaust all available avenues to identify the affected permits.
What if I believe the permit should be cancelled immediately?
Section 179 of the HVNL clearly defines the circumstances under which an immediate permit suspension can be implemented. If a road manager identifies a need for immediate suspension, they should provide the rationale in the "Details" section of the Road Manager Amend/Cancel Permit form. The NHVR will then collaborate with the road manager to determine an appropriate course of action.
Contact us
To request a permit amendment or cancellation, submit a completed Road Manager Amend/Cancel Permit form to info@nhvr.gov.au.
For further assistance, contact the NHVR on 13 NHVR (13 64 87) or email us at info@nhvr.gov.au.