ARTICLE
8 August 2020

The wait is over – the HVNL review Regulation Impact Statement

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Holding Redlich

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Holding Redlich, a national commercial law firm with offices in Melbourne, Canberra, Sydney, Brisbane, and Cairns, delivers tailored solutions with expert legal thinking and industry knowledge, prioritizing client partnerships.
The Regulation Impact Statement defines the National Transport Commission's views on the proposed shape of a revised HVNL
Australia Real Estate and Construction

The Consultation Regulation Impact Statement (RIS) has finally been issued following the review of the HVNL. It sets out the National Transport Commission's views on what shape the revised HVNL should take, the main areas for improvement being:

  • improving vehicle access – negotiating access along a full route can be a nightmare. The RIS proposes that access is eased by increasing the general mass and dimension limits for 'as-of-right' access
  • a more efficient, streamlined Performance-Based Standards (PBS) scheme – getting a vehicle approved under the PBS scheme is expensive, time-consuming and uncertain. The RIS proposes to give the NHVR authority to approve any application; linking PBS approval with access, so both can be processed together; allowing manufacturers to self-certify compliance with existing PBS approved designs, all to streamline the process
  • using technology to aid compliance – there is no framework for certifying or approving specific technology solutions for compliance purposes. The RIS proposes establishing a compliance technology certifier to approve technology which meets acceptable standards, so you know what you are using will be accepted
  • improving the regulation of fatigue – managing work/rest hours is complex. The RIS proposes simplifying the calculation of work/rest hours and related record-keeping requirements. In addition, the RIS proposes additional ways to manage fatigue, such as driver health and fitness assessments
  • creating a more effective assurance regime – the HVNL does not formally recognise industry-run accreditation schemes, despite recognising that the recognised schemes don't have the same broad scope and compliance focus of schemes like TruckSafe. The RIS proposes a framework to recognise and reward members of reliable accreditation schemes.

You can have your say on the matters proposed in the RIS, before the proposed new laws are drafted up and sent to Ministers for approval. Click  here for further information.

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.

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