Author Topic: Weight Restricted Roads - It doesn't apply to me (Does it?)  (Read 580 times)

Offline The Landy

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Weight Restricted Roads - It doesn't apply to me (Does it?)
« on: March 11, 2019, 11:38:03 AM »
Weight restricted roads are appearing with increasing frequency and I believe this is a potential trap for many driving some of the more popular 4WD vehicles on the market these days...

I put some thoughts on the topic in a blog on our website recently and you can read more about it here.

thelandy.com/2019/03/04/weight-restricted-roads-it-doesnt-apply-to-me-does-it

Like they say, a problem is never a problem, until it becomes one; this has all the hallmarks of a problem lying dormant and ready to catch people out.



Cheers, Baz - The Landy
« Last Edit: March 11, 2019, 11:56:36 AM by The Landy »
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Offline DavidCee

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Re: Weight Restricted Roads - It doesn't apply to me (Does it?)
« Reply #1 on: March 16, 2019, 08:53:18 PM »
Hell Baz,
The sign you have depicted in your article is a ‘No trucks’ sign, with a limit. Road Rule 104 applies to this. When you look up the definition of a truck it is a vehicle primarily designed for the carriage of goods. Therefore caravanners have nothing to worry about with those signs.
The only signs that relate to caravanners are weight limit signs under section 252 of the Road Safety Vehicle Regulations. Such signs are usually found on older wooden bridges and apply to all vehicles -And natuurally one would be wise to heed those signs..
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Offline The Landy

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Re: Weight Restricted Roads - It doesn't apply to me (Does it?)
« Reply #2 on: March 31, 2019, 07:58:45 AM »
Hi

In my research I canvassed the local government authority responsible for the sign and they indicated "all vehicles" not just trucks.  This is where it is misleading.  Mind you, I hope you are right, however I suspect my interpretation is correct.

Thanks for your input, Cheers, Baz
Baz - The Landy
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Offline DavidCee

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Re: Weight Restricted Roads - It doesn't apply to me (Does it?)
« Reply #3 on: April 02, 2019, 08:19:36 PM »
Local government cannot override legislation...
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Offline The Landy

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Re: Weight Restricted Roads - It doesn't apply to me (Does it?)
« Reply #4 on: April 03, 2019, 06:52:48 PM »
Local government cannot override legislation...

Hi David, RMS are quite clear on the issue as I canvassed this with them once again, if your "vehicle" is over the weight limit specified then you are prohibited from using it as a through road.

Noting, the RMS approve all road signage, whether it is on a local access (local government) road or otherwise.

As I've indicated, I'm happy to be wrong on this, but as I highlighted in my original article, there is plenty of ambiguity over the issue, as our discussion highlights.

I'll give a couple of examples; there are roads that are weight limited by GVM (3T) without a picture of a truck.  Also, there are plenty of "vehicles" out there that look like "trucks" (Small Isuzu's and the like) depicted in the picture that are registered in the light vehicle category (under 4,500kg GVM) but weight more than 3,000kg. In the case of the latter, they are considered light vehicles, similar to your Landcruiser and Nissans.

On ambiguity, it usually means that if you have an accident whilst non-compliant on these roads then it will most likely cost you money to prosecute your case and ability to make a claim, especially given the RMS also interpret the rule in this way.

Now, if there was an arbiter in this, it would be my insurance company and they were quite explicit, if you aren't entitled to be there we "may" refuse a claim. For this reason, I will avoid weight restricted roads as best I can, as I don't want to be in the position of trying to defend a claim, or worse...

I doubt the local government authority will be over-riding legislation, it will be covered...

The main thing for all is to be aware this is a (potential) problem, forewarned is forearmed - and best people do there own due diligence, which is what I have done and shared my findings.


Cheers, Baz

Baz - The Landy
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Offline DavidCee

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Re: Weight Restricted Roads - It doesn't apply to me (Does it?)
« Reply #5 on: April 04, 2019, 07:59:40 AM »
 Hello Baz,
It appears to me that you may be confusing registration categories with the definition of a truck in the Road Rules.
To be clear:
A weight limit sign with no picture applies to all vehicles.
A weight limit sign with a picture of a truck means no trucks over that weight. The definition of a truck in the Road Rules is a light rigid vehicle designed for the carriage of goods and does Not include other vehicles with a gvm of up to 4.5 tons.
4x4 wagon or twin cab ute towing - not a truck:
Light isuzu truck towing - a truck:
ISUZU truck converted to earth cruiser - now you have a discussion. It is over 3 tons, but is it now designed for the carriage of goods?
DC
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Offline The Landy

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Re: Weight Restricted Roads - It doesn't apply to me (Does it?)
« Reply #6 on: April 04, 2019, 09:16:56 AM »
Hi David

Our exchange highlights how this issue is a trap, is ambiguous, and something not to be dismissed lightly.

A sign with or without a truck has the same meaning - if you are over the weight specified you cannot use that road as a through road. 

The picture of the truck is only symbolic. This has been confirmed to me numerous times by both Local Government and the RMS.

In reality, if your vehicle's tare weight is under 3T the local government authority is unlikely to take any action if you are travelling on a weight restricted road of 3T, even if your loaded weight is above 3T as they will refer to the vehicle's registered tare weight. However, your insurance company may deal with it differently in case of an accident, and the police, should there be serious injury in the event of an accident.

As I said in my article, ambiguity in legal matters generally means a cost to you, especially if you are required to defend your actions or challenge an insurance rejection.

But, forewarned is forearmed, hopefully it stimulates discussion, and alerts others to the 'potential' pitfall that exists.

I'd encourage you to do your own due diligence if you have a further interest in the topic - I'm not here to convince you one way or the other - only to highlight the potential issue.

Cheers, Baz






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Offline DavidCee

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Re: Weight Restricted Roads - It doesn't apply to me (Does it?)
« Reply #7 on: April 04, 2019, 10:24:54 AM »
Hello Baz,
Yes, we can agree to disagree. I base my view on 30 years of Road Policing.
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