In the media

More coronavirus disruption in the offing for ports
The likelihood of more coronavirus-linked disruption at the nation's ports seems assured as the Maritime Union of Australia digs it heels in over ships that have left Asian ports less than 14 days ago (02 April 2020). More...

Government announces COVID-19 airfreight rescue package for fresh food exports, medical supply imports
The Australian Government has announced a new $110 million initiative to re-launch hundreds of flights to deliver fresh produce to key international markets. The International Freight Assistance Mechanism will initially focus on the key markets of China, Japan, Hong Kong, Singapore and the UAE, with four key departure hubs: Melbourne, Sydney, Brisbane and Perth (01 April 2020). More...

SAL: COVID-19: Shipping companies focus on protecting crew health to keep freight moving
Shipping Australia urges all state and port authorities to allow ships to berth on arrival and to discharge cargo, provided that crew stay onboard and only briefly step onto the wharf to carry out vital ship-related functions. Stay away periods of 14-days as imposed by the Port Authority of NSW, Maritime Safety Queensland undermine the sustainability of shipping services into Australia (02 April 2020). More...

NHVR: Heavy vehicle safety remains a focus
Heavy vehicle operators are being urged to ensure their operations remain safe as unprecedented demand puts pressure on freight supply chains to avoid situations where drivers are being forced to exceed their work and rest hours or ignore poor load restraint practices (02 April 2020). More...

Shipping Australia condemns rogue Union's refusal to unload cargo vessel in Melbourne
Shipping Australia condemns the rogue action of the Victorian branch of the Maritime Union of Australia who have refused to unload a cargo vessel in Melbourne on the pretext of utterly spurious health and safety claims (01 April 2020). More...

BP update on facilities access for heavy vehicle drivers
On 30 March it was confirmed by the government that roadhouses, dedicated truck stop facilities and truck driver lounges can remain open so Australia's heavy vehicle drivers have access to showers, restrooms and facilities to undertake their mandated fatigue management breaks (02 April 2020). More...

Horne slams DP World cost hike on container haulage
Victorian ports minister Melissa Horne has reacted with irritation to stevedore DP World Australia's decision to make adjustments and hikes to container access charges and penalties in the midst of the coronavirus Covid-19 crisis (31 March 2020). More...

Border controls and travel restrictions
Several state and territory Governments have put in place border controls to limit the spread of the Coronavirus. The border control arrangements include mandatory 14 day isolation for people crossing borders. As HVIA has indicated previously, these controls do provide exemptions for essential services such as movement of freight (27 March 2020). More...

Deputy PM on freight services during pandemic
Federal Transport Minister, the Hon Michael McCormack MP says the Government recognises and appreciates the heavy vehicle industry's contribution and freight will continue across borders (25 March 2020). More...

NHVR reducing burden on industry accreditation
The NHVR has announced temporary changes to National Heavy Vehicle Accreditation Scheme medical requirements and face-to-face audit requirements, in response to the ongoing coronavirus pandemic. Heavy vehicle drivers operating under Advanced Fatigue Management or Basic Fatigue Management accreditations may continue to drive with an expired driver medical, until they can practicably obtain one (25 March 2020). More...

Spirit of 1770 company fined for reckless operation
The company which owned Spirit of 1770, a passenger vessel that caught fire and burnt to the waterline with 42 paying customers and four crew members on board while returning from a voyage to Lady Musgrave Island on 11 May 2016, has been fined $25,000 for reckless operation of a commercial vessel (23 March 2020). More...

Amenity restrictions lifted from essential freight permits
The NHVR has agreed to waive restrictions on all curfew permits, except those related to safety and access, to move general freight and grocery deliveries as part of the national response to coronavirus (COVID-19). The arrangements are for all NHVR participating jurisdictions and will be reviewed on 19 June 2020 (23 March 2020). More...

HVIA: Industry staying open to support nation's supply chain
The heavy vehicle industry is working hard to ensure that the nation's supply chains continue with as few interruptions as possible. State and Federal Governments have been working closely with industry to keep our vital supply chain functioning. The road freight industry is termed as an essential industry and is therefore able to continue work, despite state shutdowns, including continuing to work cross borders (23 March 2020). More...

Published – articles, papers, reports

NHVR On the Road
Fortnightly newsletter providing 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.
On The Road - Issue 81 - coronavirus special edition, 27 March 2020
On The Road - Issue 80 - coronavirus special edition, 25 March 2020

Practice and Regulation

NHVR: Supplementary record use to 30 days
From Wednesday April 1, drivers can use supplementary records for up to 30 driver business days, compared to the current seven day limit. A supplementary record can be in any format, including copies of the Daily Sheet downloaded from the NHVR website or other written or electronic record. Drivers are still required to notify the NHVR (27 March 2020). More...

NHVR: Novel coronavirus (COVID-19) response
The NHVR has undertaken a number of recent changes to assist drivers during the coronavirus changes, including waiving amenity restriction on all curfew permits and temporary changes to the National Heavy Vehicle Accreditation Scheme medical and face-to-face audit requirements (updated 04 April 2020). More...

NHVR: Freight cross border restrictions
Several state and territory road managers have placed restrictions on cross-border movements this week as a control measure against the spread of coronavirus (COVID-19).Operators should be aware that there may be some delays where border checks are in place. A summary of information available to date from state and territory governments can be found here (24 March 2020).

Transport and Infrastructure Council Communiqué, 25 March 2020
The Transport and Infrastructure Council convened to discuss the impacts of coronavirus (COVID-19) affirmed the critical role the freight sector plays in providing essential supplies of food, medicine or other goods. Our freight and logistics sector starts at the border via our maritime and aviation routes. This includes recognition of the importance of all members of the freight distribution chain, from drivers, pilots, and engineers and others who support them. More...

NATROAD: Point of delivery procedure guidelines during COVID-19
Members who have undertaken risk assessments for COVID-19 have told us that the point of delivery is of concern. These guidelines assist with procedures that could be followed to reduce risk at point of delivery (02 April 2020). More...

HVIA: ADR 38/05 – Trailer brake certification – Evidence submission deadline
HVIA would like to remind members supplying brake kits or Agents certifying brake kits, that that the deadline for conducting and submitting your outstanding SARN applications, must be submitted and approved by the 30th April 2020. More...

NHVR: Feedback on future safety reforms across the livestock supply chain
According to the Livestock Supply Chain Issues Paper, movement of sheep and cattle makes up about four per cent of the national freight task, but accounts for more than 10 per cent of accidents, including a significant number of rollovers. Submissions to the Livestock Supply Chain Review close on April 24, 2020. To respond to the issues raised, visit the NHVR Consultation page.

AWE Notice 48/2020 - COVID-19 – Import pathway - Arrangements and response - Biosecurity inspections and audits
Department of Agriculture, Water and the Environment – to all industry stakeholders involved in imports.
The department has received enquiries about how it is approaching its staffing, regulatory and operational obligations to respond to the COVID-19 situation. This document outlines the department's approach (27 March 2020). More...

Department of Agriculture – April 2020
Make sure you are aware of local requirements for travel and freight: New South Wales; Victoria; Queensland; South Australia; Western Australia; Tasmania; Australian Capital Territory; Northern Territory. More...

SAL: Covid-19: Shipping requirements and restrictions at Australian ports
This page is intended to provide a comprehensive summary of the latest status of regulations that impact on shipping - Restrictions on Commercial Maritime Vessels and Crew; maritime industry; commercial vessels (27 March 2020). More...

AMSA: February incident report
Ten serious incidents were reported to us during February 2020. There were 62 reported incidents involving domestic commercial vessels in February 2020. Of these, 10 were serious (02 April 2020). More...

AMSA: New requirements for vessels carrying passengers
The new changes have been made through Marine order 504 (Certificates of operation and operation requirements – national law) Amendment 2020. From the 31 May 2020, any domestic commercial vessel that carries passengers must meet new requirements for passenger safety. Make sure your safety management system adequately addresses your passengers' safety. More....

AMSA: Temporary revalidation requirements for international certificates of competency
We have just published Marine notice 2/2020 - Extension of standards of training certification and watchkeeping certificates. The purpose of this marine notice is to advise flag States, port States, vessel owners, operators, licenced pilots, masters and crews about steps we have taken to extend the duration of some certificates (27 March 2020). More....

ASMA: YM Efficiency ATSB report and salvage update
Read the Australian Transport Safety Bureau's (ATSB) report and download our presentation on the response to date and overview of the salvage operations. We will continue to publish information and resources about the YM Efficiency salvage operation (30 March 2020). More...

AMSA: Update on the YM Efficiency recovery operation
Preparations are well underway to commence the clean-up operations. We're continuing to make progress on the salvage of YM Efficiency containers off the Newcastle-Port Stephens coast. Read more about our progress and the history of the operation (23 March 2020).

Senate: Consultations
Importance of a viable, safe, sustainable and efficient road transport industry
Status: Submissions closed. Next Hearing: 22 November 2020. Reporting Date: 14 October 2020

AIS: Transport and Logistics Industry Reference Committee projects
The Case for Endorsement will be considered at the Committee's first meeting in 2020.
TLI Chain of Responsibility
TLI Heavy Vehicle Driver Safety
TLI Freight Forwarding

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...

Cases

MHVR Enforceable Undertakings - Laing O'Rourke Australia Construction Pty Ltd (LORAC)
Date accepted: 25 March 2020 Alleged breach: It was alleged by Roads and Maritime Services (RMS) that on 16 October 2018 and 24 May 2019 respectively LORAC failed to comply with the mass requirements as required by s 96(1)(c) of the Heavy Vehicle National Law. More...

Legislation

Commonwealth

Regulations

Australian Meat and Live-stock Industry Legislation Amendment (Export of Sheep by Sea to Middle East) Order 2020
03/04/2020 - This instrument amends the Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East) Order 2018 (the Middle East Order) to provide that the Middle East Order does not permit the export of a consignment of live sheep if the export is prohibited by the Australian Meat and Live-stock Industry (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2020, and repeals the Australian Meat and Live-stock Industry (Prohibition of Export of Sheep by Sea to Middle East—Northern Summer) Order 2019.

Road Vehicle Standards Amendment (2020 Measures No. 1) Rules 2020
03/04/2020 - This instrument amends the Road Vehicle Standards Rules 2019 to provide for phased commencement of the rules, to provide for the charging of application fees, and to correct minor errors in the rules.

Australian Meat and Live-stock Industry (Prohibition of Export of Sheep by Sea to Middle East—Northern Summer) Order 2020
03/04/2020 - This instrument prohibits the export of live sheep from Australia on a vessel travelling by sea between 1 June and 14 September inclusive, if the intended voyage were to travel through waters in the Arabian Sea, or the Red Sea, north of latitude 11o N at any time during the voyage. This order further prohibits the export of live sheep from Australia to Oman on a vessel travelling by sea between 8 May and 14 September inclusive, and from Australia to Qatar on a vessel travelling by sea between 22 May and 22 September inclusive.

Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Essential Goods) Determination 2020
30/03/2020 - This instrument imposes requirements to prohibit the practice of price gouging of prescribed essential goods, and ensures that those who breach the relevant restrictions surrender these goods to law enforcement (who will be required to redistribute the surrendered goods to the National Medical Stockpile, provided they are not deficient).

Customs (Prohibited Exports) Amendment (COVID-19 Human Biosecurity Emergency) Regulations 2020
29/03/2020 - These regulations amend the Customs (Prohibited Exports) Regulations 1958 to implement a temporary prohibition on the export of goods that are essential to preventing the spread of the COVID-19 virus. The prohibition applies to the exportation of goods including face masks and hand sanitizer, as such export limits the availability of these goods for those with the greatest need in Australia. A further aim of this export prohibition is to dissuade consumers from engaging in widespread bulk purchase for the purpose of export.

Gazetted 01 April 2020
National Heavy Vehicle Law - New South Wales Higher Mass Limits Declaration 2020 (No.1)
Heavy Vehicle National Law - National Heavy Vehicle Work Diary (COVID-19 Relief) Exemption Notice 2020 (No.1)

Gazetted 31 March 2020
Heavy Vehicle National Law - Network Amendment Notices - Heavy Vehicle Stated Maps - Amendment Notice 2020 (No.3)

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.