In the media
Fix the truck laws and save families $400 a year:
Deloitte Access Economics
The CEO of the Australian Trucking Association, Ben
Maguire, said in the eastern states and South Australia, trucking
operators are regulated by the HVNL, which determines the trucks we
can use and the access permissions that are required. In 2011, it
was predicted that the law would deliver up to $12.4 billion in
economic benefits. This devastating independent report shows that
the law has failed (16 May 2019).
More...
Australia Post delivers road safety
Australia Post and the Australian Trucking Association
(ATA) have launched a four-year partnership with a
focus on road safety. Group Chief Operating Officer at Australia
Post, Bob Black said the partnership would have a focus on
educating drivers on how to share the road safely with heavy
vehicles (16 May 2019).
More...
Palaszczuk Government launches plan to improve heavy
vehicle safety
The Palaszczuk Government has released its plan to reduce
heavy vehicle fatalities on Queensland roads. Developed in
consultation with the Queensland Trucking Association, National
Heavy Vehicle Regulator and Queensland Police Service, the plan
identifies 36 heavy vehicle safety interventions targeting safer
roads, vehicles, speeds and people (16 May 2019).
More...
For more information on the plan visit the
website.
HVIA and ATA in parliamentary group link
The Australian Trucking Association (ATA)
and Heavy Vehicle Industry Association (HVIA) have
signed a memorandum of understanding (MOU)
committing to work together on key policy issues (16 May 2019).
More...
National fatigue compliance remains steady
NHVR Chief Operations Officer Paul Salvati said of the
fatigue-related vehicles there were 3272 compliant drivers, which
was 93 per cent. Those drivers operating under Basic Fatigue
Management recorded more than 96 per cent compliance rate while
there were no breaches for drivers operating under Advanced Fatigue
Management (16 May 2019).
More...
NatRoad 19: Multi-faceted driver shortage solution
NatRoad CEO Warren Clark underscores his desire for a
heavy vehicle operation being recognised as skilled trade, and the
skill level of new entrants being adequate to undertake the task.
To facilitate this, NatRoad is launching a dedicated road transport
employment portal, and is proposing a driver accreditation scheme
to recognise best-practice drivers (15 May 2019).
More...
Report shows one in five new heavy vehicles PBS
approved
The National Heavy Vehicle Regulator and the Australian
Road Transport Suppliers Association today released a joint report
that finds one in five relevant new heavy vehicles manufactured in
Australia are now Performance-Based Standards
(PBS) approved (16 May 2019).
More...
Opinion: Spotlight on an unwise digital divide
In a recent National Road Transport Association
(NatRoad) submission to the Victorian Inquiry into
the On-Demand Workforce, the best way to regulate digital platforms
was explored. NatRoad considers that if the digital platform issues
invoices associated with the freight task, and therefore has
control over the execution of the task, then they would have CoR
obligations (16 May 2019).
More...
Route pre-approval maps fast track for route planning:
NHVR
Heavy vehicle operators will have access to 1,500
additional routes when planning a journey, with extra functionality
added to the mapping system on the National Heavy Vehicle Regulator
Portal (15 May 2019).
More...
NHVR lifts lid on COR enforcement effort
The National Heavy Vehicle Regulator
(NHVR) has warned executives of heavy vehicle
supply chain companies to be aware of their responsibilities under
the changed Chain of Responsibility (COR) laws
following a number of current investigations (13 May 2019).
More...
Ship escorting - A changing mission
Ships are escorted in several ports around the world, for
instance in the U.S., Europe, Australia and Japan.
What can be seen now is that the escorting of large gas carriers
has increased considerably. Escorting of very large bulk carriers
has started to take place, and in at least one port very large
container vessels are escorted. Whether this is needed for a port
or fairway depends on investigation of accidents that have happened
and/or the outcome of risk assessments (12 May 2019).
More...
Volvo delivers distance keeping haulage safety
solution
A new safety function that makes it easier for long haul
truck drivers to maintain safe distance from the vehicle ahead has
been introduced by Volvo Trucks (10 May 2019).
More...
Victorian curfew blitz renews truck initiative
calls
A recent VicRoads operation in Melbourne's inner-west
targeting heavy vehicle curfew breaches has renewed calls to
implement a cleaner freight solution as a middle ground between the
needs of industry and community (07 May 2019).
More...
NSW Police seething after GPS jamming incident
NSW Police has stern words for industry after it uncovered
a drug-affected truck driver using a GPS jamming device and a
modified speedometer during a compliance operation at Mount White
(06 May 2019).
More...
Published – articles, papers, reports
National transport regulatory reform: Issues paper
Productivity Commission: 17 May 2019
The Productivity Commission has been asked to complete the inquiry
by April 2020, and to consult with stakeholders, including
transport operators, drivers, industry groups, end users and State,
Territory and local Governments. This issues paper outlines a range
of issues and questions on which the Commission seeks information
and feedback. More...
Performance Based Standards - Australia's PBS fleet
2019
Joint report: NHVR and Australian Road Transport Suppliers
Association (ARTSA): May 2019
The report shows in the last five years total new PBS combination
approvals have doubled, while the heavy vehicle market has only
grown by 20 per cent over the same period.
More...
NTC on the Road on the Road - Issue 59, 13 May
2019
On the Road provides important information on the heavy
vehicle industry, including the latest NHVR news and events,
relevant law and policy changes, and resources to help industry
members comply with the HVNL.
More...
In practice and courts
NHVR: Route pre-approval maps fast track for route
planning
Heavy vehicle operators will have access to 1500
additional routes when planning a journey, with extra functionality
added to the mapping system on the NHVR Portal. Pre-approvals
eliminate the need for individual road manager consents for agreed
routes, allowing councils to get low-risk applications on their
way, so they can focus resources on more complex applications. For
more information, access the NHVR Portal on the website (15 May 2019).
More...
NHVR: Call for operators using fatigue monitoring
technology
The research team will ask operators to provide access to
data, discussions with staff and drivers using the technology.
Expressions of interest are due by May 21. For more information see
the
fatigue monitoring trial.
More...
NTC Issues Paper: Regulatory style and structure of the
HVNL
The released
issues paper seeks views on ways to make the law outcome
focused and less prescriptive while ensuring safety and promoting
productivity. This foundation paper is the first of eight issues
papers in a rolling consultation to mid-2019. More...
AFIF: Biosecurity levy update - Revised start date 1
September 2019
The Government has announced a delay with a new start date
of 1 September 2019 and a consequent small loss of revenue
associated with a later start date.
More...
NHVR: Fatigue monitoring trial
The NHVR is undertaking a trial of fatigue safety related
technologies to gain a greater understanding of how they work and
are used. The trial is being conducted in five phases between
January 2019 and June 2020.The purpose of the trial is to determine
how best to encourage industry uptake of technology that monitors
drivers and detects fatigue and/or distraction.
More...
Reminder: Anti-Slavery Act
The first reporting year for companies with the Australian
financial year is 1 July 2019 - 30 June 2020 so businesses should
be aware of these obligations this year. More...
AFIF National Conference 2019
We welcome you to join us at the AFIF 2019 National
Conference and Gala Dinner, at Hyatt Place Melbourne, Essendon
Fields VIC from May 23 - 24, 2019. Registrations are now open. Full
Program details can be found
here.
Cases
Degroma Trading Inc v Viva Energy Australia Pty
Ltd [2019] FCA 649
ARBITRATION – application for stay of proceeding
pending in court under s 7 of the International Arbitration Act
1974 (Cth) – principle of separability – whether
an arbitration agreement came into existence – whether a
requisite separate attack on the arbitration agreement present
– where arbitration agreement alleged to be contained in an
exchange of correspondence about the terms of a bill of lading
– whether court or arbitrator should decide whether
arbitration agreement came into existence – application for
stay granted.
Transal replied, advising of how the Master would clause the bill
and requesting a final draft bill of lading, as follows: Dark
particles present in cargo and the cargo being haze; Cargo loaded
without being analysed.
Walden v Queensland Police Service [2019] QDC
63
The decision of the learned magistrate is varied by
setting aside the conviction and sentence under Transport
Operations (Road Use Management) Act 1995 (Qld), s
92(1)(a).
MAGISTRATES – APPEAL AND REVIEW – QUEENSLAND –
APPEAL – where the appellant was convicted of an offence
against Transport Operations (Road Use Management) Act
1995 (Qld) s 92(1)(a) – where the charge was incorrectly
drawn – where no application to amend - whether the
Magistrate erred by failing to apply the appropriate test for the
offence.
Maximum penalty— (b) otherwise—20 penalty units or 1
year's imprisonment.
The appellant's solicitor drew s 93 of the Act to the
magistrate's attention. However, that provision was introduced
by s 52 of the Heavy Vehicle National Law and Other Legislation
Amendment Act 2018 (Qld) and so was not in force at the
relevant date, being 6 July 2017.
Legislation
Queensland
Queensland Parliament
Heavy Vehicle National Law Amendment Bill 2019
Transport and Public Works Committee – Report due 23 May
2019.
Commencement (1) Part 2 commences on 10 December 2019 (2) Part 3
commences on a day to be fixed by proclamation.
Subordinate legislation as made – 17 May 2019
No 74
Transport Legislation (Fees) Amendment Regulation 2019
Includes fees for dangerous goods transportation and vehicle
standards and safety.
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.