In the media
800 Ruby Princess passengers join class-action
lawsuit
A class action lawsuit has been filed against the
operators of the cruise ship Ruby Princess, which docked in Sydney
in March and has been linked to 21 deaths and 700 cases of COVID-19
across Australia (24 July 2020).
More...
Keeping shipping moving – MSQ leads Australia in
protecting health and the economy
Shipping Australia has been asking the authorities for
protocols to handle COVID-19 positive seafarers. Maritime Safety
Queensland has delivered. The way that the Hokkaido Bulker has been
handled by MSQ is an example of best practice and similar protocols
should be adopted (23 July 2020).
More...
Shipping Australia briefs Australian Federal Government
on seafarer crew change crisis
Shipping Australia was asked, at very short notice, to
provide a brief on how the shipping industry takes into account the
need for COVID-19 risk mitigation together with evidence that the
shipping industry alleviates that risk through action (23 July
2020).
More...
Shipping companies protect seafarer health against
COVID-19, survey reveals
A new joint survey by the International Chamber of
Shipping and the International Transport Federation reveals that
shipping companies are taking strong measures to protect the health
of seafarers and the general public from COVID-19 (23 July 2020).
More...
Australia to inspect every box ship in new crackdown on
cargo securing
Australia has put containership operators and masters
"on notice" of a new inspection campaign targeting cargo
securing. Following recent incidents resulting in containers being
lost overboard, the AMSA has vowed to inspect every cargo ship
calling at Australian ports between August and October (24 July
2020).
More...
Australia starts container ship inspections due to
overboard losses
The AMSA is launching an inspection effort targeting cargo
securing arrangements on container ships visiting Australian ports.
The program, which is in response to recent incidents of containers
lost overboard, is aimed at education, improving standards, and
reducing the number of incidents that result in cargo being lost at
sea (22 July 2020).
More...
Government delivers national freight protocol
National Cabinet has endorsed a new Domestic Border
Control Freight Movement Protocol to keep freight moving across
Australia. National Cabinet agreed to upgrade the protocol to an
Enforceable Code by state and territory jurisdictions (24 July
2020).
More...
ATA technical council to tackle drawbar trailer
safety
The Australian Trucking Association's
(ATA) Industry Technical Council is undertaking a
project on drawbar trailer safety, to develop a Technical Advisory
Procedure, a voluntary guide to meet the needs of industry and fill
the gaps in vehicle standards (24 July 2020).
More...
Federal Government won't appeal Federal Court live
export decision
The Federal Government on Wednesday night announced it
will not appeal the Federal Court decision declaring the 2011 live
cattle export suspension to Indonesia illegal. In its response,
Cattle Council of Australia said the Commonwealth's decision
not to appeal a Federal Court ruling was a win for common sense (22
July 2020).
More...
Joint industry call for truckies to lead by
example
The National Heavy Vehicle Regulator, Australian Trucking
Association and its member associations have called on truck
drivers to take a proactive approach to protecting themselves and
the community to help slow the spread of COVID-19 (22 July 2020).
More...
Transport operators out of step with emissions
targets
Qantas, which was named in the analysis as the
country's biggest transport emitter, was the only company to
commit to the target, which is considered a key element of the
Paris Climate Agreement to reduce global temperatures to well below
2 degrees. Freight and logistics companies Aurizon, Toll and Linfox
were listed as major emitters that have outmoded climate targets
(18 July 2020).
More...
More industrial action at DPW Australia hits
already-stretched supply chains
More industrial action at all four DP World Australia
terminals starts this week, adding to challenges to the
country's container supply chains that include bad weather,
schedule changes and port congestion.
In February, MUA was dealt a blow after DP World won an interim
injunction against the union over further full-blown industrial
action, although PIA is still legally permitted (16 July 2020).
More...
Ensuring the continued success of organic exports
The Australian Government is proposing new rules to
continue to provide a basis for the regulation of organic exports,
and as a first step in strengthening and simplifying the current
framework (21 July 2020).
More...
HVIA: New JobTrainer, plus extensions to JobKeeper and
loan guarantees
Significant announcements have been made to stimulus
measures over the last few days including and extension and
forthcoming changes to the JobKeeper scheme and to SME Loan
guarantees, and the new JobTrainer scheme (21 July 2020).
More...
Valuing place in the road transport system
Austroads has published a research report to guide
transport practitioners in better classifying, measuring and
valuing Place through transport planning processes (20 July 2020).
More...
Chief Health Officer Queensland letter to freight and
logistic drivers
The Queensland Government has released a letter to freight
and logistics operators highlighting the potential COVID-19
transmission risk (17 July 2020).
More...
Queensland firm's B-double device set 25 per cent
above limit: TfNSW
A Queensland freight company has been taught an expensive
lesson in New South Wales around speed compliance. The company,
which TfNSW declines to name, is fined $10,000 after being found
guilty of having a speed limiter set above 125km/h (17 July 2020).
More...
Maritime safety threat from coronavirus to increase
shipping costs
A major international insurer has warned that marine
safety is under threat because of the coronavirus pandemic.
In a new report listing ten coronavirus challenges to the shipping
sector, major international insurer Allianz notes a variety of
threats to shipping. View the new report
listing ten coronavirus challenges (16 July 2020).
More...
JobTrainer offers chance to better align skills with
industry needs
The Australian Logistics Council (ALC) says the Federal
Government's commitment to establish a $1 billion. JobTrainer
program offers a chance to reskill and upskill workers in the
freight and logistics sector in way that will meet changing
industry needs (16 July 2020).
More...
Published – articles, papers, reports
On The Road - Issue 91, 14 July 2020
On the Road is our 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.
More...
Classifying, measuring and valuing the benefits of place
on the transport system
AUSTROADS AP-R626-20: 17 July 2020
This report explores and draws together the ways in which place is
classified, measured and valued from a transport perspective.
More...
Practice and Regulation
Domestic border control freight movement protocol
The protocol agrees "unanticipated delays at the
border can have implications for safety on the roads and the health
of critical transport workers" and states "greater
consistency in border management of supply chains will assist
industry to comply". The protocol complements existing Work
Health and Safety and fatigue management requirements, public
health advice and COVIDSafe work plan requirements. The protocol is
available here (24 July 2020).
NHVR: COVID-19
For up to date information on border restrictions specific
to the transport of freight and logistics, visit www.nhvr.gov.au/coronavirus.
For the QTA's COVID-19 Safety Guidelines visit www.qta.com.au/COVID19/8888215
(22 July 2020).
NHVR: road tips for travelling caravaners
These are the latest video tips and advice that every
caravan or RV driver should watch before hitting the road this
winter.To view the Share the Road videos visit www.sharetheroad.net.au
Caravaners and
truckies sharing the road video
Caravaners and
truckies sharing facilities video
To view the latest Whiteline Television fatigue videos visit www.truckingnation.com.au
(15 July 2020).
NATROAD: National heavy vehicle charging pilot (National
Pilot)
An innovative industry partnership testing potential
direct user charging options for heavy vehicles. Participants will
report road use data and receive mock invoices comparing their
current heavy vehicle registration and fuel charges against
alternative charging scenarios. The research will be concluded by
2021 (24 July 2020).
More...
NTC: Australian Code for the Transport of Dangerous
Goods by Road and Rail (Edition 7.7)
The Code can be used from 1 October 2020 and is compulsory from 1
October 2021. Until then, either the Code edition 7.6or the Code
edition 7.7can be used. The Code is an important technical resource
to help Australia's transport and logistics industry to operate
safely when carrying dangerous goods. See also
ADGC explanatory document: Key changes between edition 7.6 and
7.7 (29 June 2020).
More...
HVNL review consultation regulation impact
statement
Publication date 25 Jun 2020 Comments due 25 Oct
2020
The consultation regulation impact statement (RIS) includes over 40
reform options to improve the HVNL.
More...
Independent review of the Victorian ports system
The Victorian Government is undertaking an Independent
Review of the Victorian Ports System which is assessing the
function and performance of current arrangements. A
discussion paper has been released for public comment as an
important next step in the Independent Review. You are invited to
provide feedback in response to the Discussion Paper by 31 July
2020.
AMSA campaign targeting container ships
AMSA encourages ship owners and masters to familiarise
themselves with the approved cargo securing manual for their vessel
and
Marine order 42 which gives effect to Chapter VI of SOLAS in
Australia. This focussed inspection campaign is aimed at education,
improving standards, and reducing the number of incidents that
result in cargo being lost at sea. More information can be found on
AMSA's website (22 July 2020).
AMSA Marine Notice 05/2020 - Focused
inspection campaign — Proper stowage and securing of cargo
containers
Port State control – This marine notice provides
information to ship owners, operators and masters about the
Australian Maritime Safety Authority (AMSA) focused inspection
campaign on cargo securing arrangements that will run from 1 August
to 31 October 2020 (22 July 2020). More...
AMSA Extension National Law certificates of
competency
We have extended existing exemptions to provide seafarers
and operators with continuity and certainty.
All National Law exemptions have been extended until 30 June 2025.
More...
AWA Import industry advice notices 2020
24 July 120-2020 Notification of COVID-19
cases
13 July 114-2020 The department is
decommissioning a number of AQIS Commodity Codes (ACC) to align
with the cessation of the offshore pre-shipment inspection
program
13 July 113-2020 Expansion of the class
19.2 automatic entry processing for commodities (AEPCOMM) approved
arrangement
AWA: AWE – 2020-21 BMSB Season Measures – 3
countries added, season end timing and intervention clarified
AFIF as a member of the DCCC-BMSB has been advised of the
forthcoming 2020-21 BMSB season changes. For the 2020-21 BMSB risk
season, measures will apply to certain goods manufactured in, or
shipped from target risk countries, and/or vessels that berth at,
load or tranship from target risk countries from 1 September 2020
and that arrive in Australian territory by 31 May 2021 (inclusive).
Goods must be treated if exported between 1 September 2020 and 30
April 2021 inclusive. Goods arriving from 1 June 2021 will not be
subject to BMSB measures.
More...
Senate: Consultations
Importance of a viable, safe, sustainable and efficient road
transport industry
Status: Submissions closed. Reporting Date: 14 October 2020
Cases
Mack Fleet Pty Ltd v Transport for NSW
[2020] NSWCA 149
CRIMINAL LAW – appeal – procedure –
appeal from Local Court to District Court – appeal dismissed
– request to judge to submit question of law to Court of
Criminal Appeal – request declined – requirement to
identify a question of law – Criminal Appeal Act 1912 (NSW),
s 5B
CRIMINAL LAW – use on road of heavy vehicle – whether
vehicle unsafe – non-compliance with regulations setting
standards for braking systems – separate offence of
non-compliance with regulations – Heavy Vehicle National Law
(NSW) s 89(2)
JUDICIAL REVIEW – jurisdictional error –refusal of
District Court judge to submit a question of law to the Court of
Criminal Appeal – whether power coupled with duty to exercise
power on request – whether request stated a question of law
– challenge to determination of judge that no question of law
raised
PRACTICE AND PROCEDURE – criminal – power of judge of
District Court to submit question of law to Court of Criminal
Appeal – application out of time – identification of
question of law – whether discretion to refuse request
PRACTICE AND PROCEDURE – judicial review – application
out of time – whether application had merit warranting
extension of time – Uniform Civil Procedure Rules 2005 (NSW),
r 59.10(1)
Criminal Appeal Act 1912 (NSW), ss 5A, 5B; District Court Act 1973
(NSW), s 176; Heavy Vehicle National Law (NSW), ss 60, 89; Sch 2,
Pt 7; Interpretation Act 1987 (NSW), ss 5, 9; Uniform Civil
Procedure Rules 2005 (NSW), r 59.10(1).
Condor Fresh Pty Limited v Pacific International Lines
(Pte) Ltd [2020] FCA
993
Condor Fresh Pty Limited (Condor) commenced proceedings in
this Court against PIL for damages totalling $255,580.11 for
alleged breaches of a series of contracts of carriage for
containerised goods and for alleged breaches of the Australian
Consumer Law
PRACTICE AND PROCEDURE – service out of the jurisdiction
– application to serve originating application and concise
statement in Singapore – whether requirements for service out
of the jurisdiction satisfied
Admiralty Act 1988 (Cth); Australian Consumer Law; Competition and
Consumer Act 2010 (Cth)
Federal Court Rules 2011 (Cth).
Legislation
Commonwealth
Gazetted
Heavy
Vehicle National Law - National Class 2 B-double Authorisation
Notice 2020
24/07/2020 - The purpose of this Notice is to authorise
access for class 2 heavy vehicles that are B-doubles. This Notice
commences on 1 August 2020
Heavy
Vehicle National Law - National Class 2 4.6m high and/or 25m Long
Vehicle Carrier Authorisation Notice 2020
(No.1)
24/07/2020 - the purpose of this notice is —(a) To
authorise the use of Vehicle Carriers from 4.3 metres to 4.6 metres
in height, or from 19 metres to 25 metres in length, or both, in
stated areas or on stated routes, during stated hours of stated
days;
Heavy
Vehicle National Law - Heavy Vehicle Stated Maps Suspension and
Amendment Notice 2020 (No.5)
24/07/2020 - The purpose of this Notice
is to amend stated maps for vehicles at the request of road
managers
Heavy
Vehicle National Law - Heavy Vehicle Stated Maps Amendment Notice
2020 (No.4)
24/07/2020 - The purpose of this Notice is to amend stated
maps for vehicles at the request of road managers. The amendments
take effect 28 days after publication of Amendment Notice 2020
(No.4)
South
Australia Class 3 Converter Dolly Mass and Dimension Exemption
Notice 2020
24/07/2020 - The purpose of this Notice is to exempt Class
3 heavy articulated motor vehicles, and B-doubles, towing an
unladen converter dolly, from the stated mass and dimension limits
in Schedule 1 and Schedule 6 of the Heavy Vehicle (Mass, Dimension
and Loading) National Regulation (the Regulation).
South
Australia Class 3 Articulated Motor Vehicle And B-Double Livestock
Loading Mass Exemption Notice 2020
24/07/2020 - The purpose of this Notice is to exempt the
use of Class 3 Articulated Motor Vehicles and B-doubles from: (a)
stated mass limits in Schedule 1 of the Heavy Vehicle (Mass,
Dimension and Loading) National Regulation (the Regulation)
South
Australia Class 3 Heavy Vehicle 23m Truck and Dog Trailer Mass and
Dimension Exemption Notice 2020
24/07/2020 - The purpose of this Notice is to exempt Class
3 heavy vehicle 23m long truck and dog trailer combinations from
stated mass and dimension limits in Schedule 1 and 6 of the Heavy
Vehicle (Mass, Dimension and Loading) National Regulation (the
Regulation).
Heavy
Vehicle National Law - National Class 3 Truck and Dog Trailer Mass
Exemption Notice 2020 (No.1)
24/07/2020 - This notice exempts truck and dog trailer
combinations from stated prescribed mass requirements in Schedule 1
of the Heavy Vehicle (Mass, Dimension and Loading)
National Regulation (the Regulation), and provide access for
those vehicles on specified networks under specified
conditions.
Port
Notice of Revocation and Appointment (No. 20/24) – Port of
Broome
23/07/2020 – This notice appoints the Port of Broome
in the State of Western Australia as a port and fixes the limits of
that port the area.
South
Australia Class 3 23m Long Single Deck Vehicle Carrier Exemption
Notice 2020
23/07/2020 - The purpose of this Notice is to exempt the
use of single deck vehicle carrier combinations between 19 metres
and 23 metres long from stated dimension limits in Schedule 6 of
the Heavy Vehicle (Mass, Dimension and Loading) National Regulation
(the Regulation).
Heavy
Vehicle National Law - National Class 1 Special Purpose Vehicle
Notice 2020 (No 2)
23/07/2020 - This Notice exempts certain
types of Class 1 Special Purpose Vehicles (SPVs) from certain
requirements of the Heavy Vehicle National Law (HVNL), the Heavy
Vehicle (Mass Dimension and Loading) National Regulation (the
Regulation) and the Heavy Vehicle (Vehicle Standards) National
Regulation and provides conditions relevant to those
exemptions.
Act Compilation
Export
Control Act 1982
21/07/2020 - Act No. 47 of 1982 as amended
Regulations
No 135
Heavy Vehicle National Law and Other Legislation Amendment
(Postponement) Regulation 2020 Uncommenced provisions of the
Heavy Vehicle National Law and Other Legislation Amendment Act 2019
are postponed from taking effect to 27 September 2021.
Transport Legislation (COVID-19 Emergency Response) Regulation (No 2) 2020 (Qld) This Regulation is made under the COVID-19 Emergency Response Act 2020, Rail Safety National Law (Queensland) Act 2017, Transport Infrastructure Act 1994, Transport Operations (Marine Safety) Act 1994. The policy objectives of the Regulation are to provide financial relief to commercial operators in state-managed boat harbours and provide a framework that will enable exemptions from requirements about certain marine authorities. The Regulation will also extend the expiry of a transitional regulation that preserves certain Queensland-specific definitions under national rail safety legislation.
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.