In the media
Sadleirs takes Oracle to court over technology
shortcomings
Logistics outfit says tech provider's claims about its
solution's capabilities were misleading. It provides examples
of 27 representations in the RFI criteria which were not supported
or have not been able to be provided except with customisation,
including functions such as journey management, load management,
despatch management (05 September 2019).
More...
Opinion: Reviewing heavy vehicle law
The NTC Issues Paper looks at the assumptions underpinning
the existing law before and sets the framework for further issues
papers to be released which are specific to particulars areas of
the Chain of Responsibility. There are different principles which
underpin government regulation (03 September 2019).
More...
NHVR to trial new PBS Design Approval process
The National Heavy Vehicle Regulator is trialing a new
process for Performance-Based Standards Design Approval
applications submitted in the lead up to the next PBS Review Panel
meeting (02 September 2019).
More...
NatRoad says vehicle standards must meet driver
needs
The National Road Transport Association provided the
National Transport Commission with a comprehensive submission about
heavy vehicle standards and safety which has emphasised that
vehicle standards must reflect current market conditions,
up-to-date safety measures and be accessible and transparent (02
September 2019). More...
NatRoad says tow truck law a burden on the transport
industry
The National Road Transport Association says the New South
Wales tow truck legislation is deficient, causing major problems
for the road transport industry. When you add that burden to the
operations of members who are not even part of the heavy vehicle
recovery sector, the law must be seen as bizarre and inappropriate
(02 September 2019). More...
We Need Space safety campaign launches in Brisbane
Queensland Road Safety Week has seen the launch of We Need
Space, a new campaign from the National Heavy Vehicle Regulator
advising light vehicle drivers how to better act on roads around
trucks (30 August 2019).
More...
Design rule demands added administrative layer for
manufacturers
Two new tyre-related Australian Design Rules that
threatened to reduce flexibility for tyres fitted to vehicles at
the time of manufacture have been altered following industry
consultation, Heavy Vehicle Industry Australia reports (29 August
2019).
More...
NHVR outlines vision for streamlined access system
The National Heavy Vehicle Regulator
(NHVR) says a modernised access system must shift
the focus from individual vehicles to a standardised framework for
permit assessments to reduce the burden on road managers and
operator (28 August 2019).
More...
NSW operator cops infringements for fleet defects
New South Wales' discernible heavy vehicle compliance
presence has seen a Yass-based operator issued 10 infringement
notices for permitting the use of defective heavy vehicles in its
fleet, the state's police force reports (26 August 2019).
More...
Newell Highway Corridor Strategy delivers investment
roadmap
Freight efficiency, road safety and support for
drought-affected areas will continue to improve across regional New
South Wales thanks to the completion of the Newell Highway Corridor
Strategy (22 August 2019).
More...
Published – articles, papers, reports
AUSROADS guide to road safety part 5: Road safety for
regional and remote areas
AGRS05-19 Edition: 2.0, 4 September 2019
Road trauma in regional and remote areas of Australia and New
Zealand are a major road safety problem. Drivers and riders in
regional and remote areas are at an unacceptably greater risk of
road deaths and injuries than those living in major cities.
More...
AUSROADS national view on regional and remote road
safety
AP-R603-19, 4 September 2019
Road crash fatality rates continue to be unacceptably higher in
regional and remote areas than major cities. This report provides a
comprehensive investigation of the causes of road crashes in
regional and remote Australia and gives strategic to identify the
best approaches to eliminate harm on the road network in these
areas.
More...
In practice and courts
Current Consultations
Performance of the Australian Maritime Safety Authority
Status: Submissions closed. Date Referred: 23 July 2019. Next
Hearing: 13 September 2019
The policy, regulatory, taxation, administrative and funding
priorities for Australian shipping
Status: Submissions closed. Date Referred: 23 July 2019. Reporting
Date: 05 December 2019
IATA reminder: Cargo agents to submit Employee ULD
Handling Certification
IATA Requires IATA Cargo Agents to Submit Employee ULD
Handling Certification by 5 September 2019 – Validation. AFIF
is adding more dates for the IATA compliant Load Distribution and
Restraint Training Course, for Members requiring to update staff
training certification to meet IATA compliance requirements.
More...
CASA reminder: Modernising Australia's fatigue
rules
We are implementing our response to the
independent review of the fatigue rules and are now consulting
with industry on the proposed CAO 48.1 Instrument 2019 –
Modernising Australia's Fatigue Rules. There will be a staged
transition to the new rules: High capacity regular public transport
operators are required to transition to the new fatigue rules by 30
September 2019.
NTC Australian road rules 13th amendment package -
Public Consultation Report
Issue Date 23 Aug 2019. Comments due 23 September
2019.
Australian Road Rules 13th Amendment Package - Public Consultation
Report
NTC Issues Paper - Effective enforcement
Issue Date 6 Sep 2019. Comments due 13 September
2019
NTC Issues Paper - Effective enforcement
NTC Issues Paper - Assurance models
Issue Date 28 Aug 2019. Comments due 25 October 2019
NTC Issues Paper - Assurance models
NTC Consultation RIS - Developing technology-neutral
road rules for driver distraction
Comments closed 04 September 2019
NTC Consultation RIS - Developing technology-neutral road rules for
driver distraction
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...
AMSA: Proposed changes to Australian near coastal
seafarer certificates
The consultation is open until 29 September 2019. The
proposed new Marine Order 505 (Certificates of competency –
national law) 2019 provides a standard for certificates of
competency and qualifications for crew and masters of domestic
commercial vessels. More...
Cases
Queensland Rail Limited v Eden & Ors; State of
Queensland & Anor v Kalari Proprietary Limited &
Ors [2019] QSC 212
The application for summary judgment dismissed
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL –
where a road accident caused damage to a State controlled road and
a rail bridge owned by Queensland Rail – where the insurer
refused to indemnify the respondents for the damage so was joined
as third party in both proceedings – where the third party
applied for summary judgment against the respondents on the basis
that that the claim for indemnity under the policy is doomed to
fail because of the operation of exclusions – whether the
defendants have any real prospect of success on the third party
claims – whether there is a need for a trial.
Explosives Act 1999, s 125; Heavy Vehicle National Law
(Qld), s 89, s 223, s 228
Legislation
Gazetted 06 September 2019
Heavy
Vehicle National Law - Queensland Class 2 Toowoomba Connection Road
Authorisation Notice 2019 (No.1)
This Notice provides access to the Toowoomba Connection
Road for eligible vehicles that have a Class 2 mass or dimension
authorisation permit under the Heavy Vehicle National Law. This
notice commences on 9 September 2019.
Heavy
Vehicle National Law - Queensland Class 1 and Class 3 Toowoomba
Connection Road Exemption Notice 2019
(No.1)
This Notice provides access to the Toowoomba Connection
Road for eligible vehicles that have a Class 1 or Class 3 mass or
dimension exemption permit under the Heavy Vehicle National
Law.
This notice commences on 9 September 2019. Note: The commencement
date of this Notice coincides with the re-alignment of the Warrego
Highway after the opening of the Toowoomba Bypass.
Heavy
vehicle National Law - Queensland Class 2 Performance Based
Standards A-Double (Toowoomba to Port of Brisbane) Authorisation
Notice 2019 (No.1)
The purpose of this Notice is to authorise Performance
Based Standards A-doubles to access a special PBS network running
from Toowoomba to Port of Brisbane up to a Gross Combination Mass
of 85 tonnes.
This Notice commences on 9 September 2019.
Gazetted 30 August 2019
National
Heavy Vehicle Standards (Dual Control WasteCollection Vehicles)
Exemption Notice 2019 (No. 1)
The purpose of this notice is to exempt a heavy vehicle
that is fitted with dual steering controls and used for waste or
recycling collection, or street sweeping, from the requirements of
the Heavy Vehicle (Vehicle Standards) National Regulation (the
National Regulation) specified in this notice.
Victorian
Heavy Vehicle Standards (Agricultural Vehicles and Special Purpose
Vehicles) Exemption Notice 2019 (No. 1)
The purpose of this notice is to exempt agricultural
vehicles and special purpose vehicles that are heavy vehicles from
compliance with the Heavy Vehicle (Vehicle Standards) National
Regulation (the National Regulation).
Queensland
Bills updated
Transport
Legislation (Road Safety and Other Matters) Amendment Bill
2019
Introduced by: Hon M Bailey MP on 13/02/2019 Stage reached: Passed
on 4/09/2019
An Act to amend the Heavy Vehicle National Law Act 2012,
the State Penalties Enforcement Act 1999, the Traffic
Regulation 1962, the Transport Infrastructure Act 1994,
the Transport Infrastructure (Dangerous Goods by Rail) Regulation
2018, the Transport Operations (Marine Pollution) Act
1995, the Transport Operations (Road Use Management) Act
1995, the Transport Operations (Road Use
Management—Dangerous Goods)Regulation 2018, the Transport
Operations (Road Use Management—Driver Licensing) Regulation
2010 and the Transport Planning and Coordination Act
1994.
Subordinate legislation as made – Reminder
No 155
Environmental Protection Regulation 2019
This regulation commences on 1 September 2019.
Division 3 Obligations of waste handlers - Subdivision 1
Transportation within Queensland
79 Responsibilities of transporter.
Victoria
Bills
Dangerous Goods Amendment (Penalty Reform) Bill 2019
Date of second reading speech: 28 August 2019
The amendment brings the penalty in line with the equivalent
provision of failing to comply with a direction given by an
inspector under the Occupational Health and Safety Act
2004. The penalty increase recognises the significance of the
offending and the potential adverse consequences where there is
failure to comply with a direction of an inspector.
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.