Australia: Heavy Vehicle National Law commenced on 10 February 2014

Last Updated: 13 February 2014
Article by Simone Farrugia and Andrew Tulloch

In brief - New law designed to promote consistent heavy vehicle laws across Australia

The Heavy Vehicle National Law (HVNL) is designed to reduce inconsistencies, duplication, red tape and costs to the road transport industry.

National Heavy Vehicle Regulator (NHVR) will administer the HVNL

The HVNL commenced in Queensland, New South Wales, Victoria, South Australia, the Australian Capital Territory and Tasmania on 10 February 2014 and applies to all vehicles over 4.5 tonnes gross vehicle mass (including special purpose and passenger carrying vehicles).

The HVNL does not apply to vehicles travelling in Western Australia and it is expected that the law will commence in the Northern Territory at a later date. Implementation in the Australian Capital Territory will also at this stage be limited to certain key sections of the HVNL, including access.

The National Heavy Vehicle Regulator (NHVR) which is an independent regulator established under the Heavy Vehicle National Law Act 2012 (Qld) will administer the HVNL.

The HVNL has been promoted as a means to reduce duplication and inconsistencies across state and territory borders, cut costs, red tape and confusion and deliver safer and more efficient operations.

Key features of the Heavy Vehicle National Law

The key features of the HVNL are:

  • heavy vehicle operators will only need one access permit to travel interstate
  • the NHVR will receive all access applications, issue all access permits and manage nationally consistent fatigue management laws
  • there will be one national set of standardised notices and guidelines and one set of national fees and penalties

What is managed by the National Heavy Vehicle Regulator

With the implementation of the HVNL, the NHVR is now responsible for:

  • Applications for new heavy vehicle access permits.
  • Applications to participate in the National Heavy Vehicle Accreditation Scheme (NHVAS), for amendments and to maintain your existing accreditation. Heavy vehicle operators will need to apply to the NHVR for Mass Management, Maintenance Management, Basic Fatigue Management (BFM) and Advanced Fatigue Management (AFM). Any current NHVAS accreditation granted by a state or territory will remain valid for the life of that accreditation. All drivers must carry a copy of the relevant accreditation certificate.
  • Applications for Performance-Based Standards (PBS) Scheme design and PBS vehicle approval applications, including your PBS-approved vehicle access applications
  • Applications for heavy vehicle standards modifications and exemption permits. Existing heavy vehicle approved vehicle examiner schemes and inspection services are still managed by each road transport authority.

NHVR to issue access permits and liaise with state road authorities

Operators will now need to apply to the NHVR directly for new heavy vehicle access permits. The implementation of the HVNL means that heavy vehicle operators will only need to apply for one permit from the NHVR when travelling interstate. The NHVR will liaise with road managers (state and territory road authorities and local councils) to manage the application and issue any permits. Each permit will cost $70, regardless of the travel distance.

Each application must be determined within 28 days for new applications or 14 days for a renewal of existing applications. This time period can be extended for up to six months if the road manager considers a route assessment is necessary.

NHVR to impose conditions on access permits as necessary

The road manager will be able to impose travel, road and vehicle conditions on the access permit, such as the direction and speed of travel, access to certain sections of road, the load the vehicle may carry and the times of travel. The road manager will also be able to propose an alternative route. In the event that an alternative route is proposed, the NHVR will discuss the new proposed route with the carrier.

If the application is approved, the NHVR will issue the relevant permit. If the application is refused, the road manager must provide reasons for the decision. An applicant then has 28 days in which to apply to the NHVR for an internal review of the decision.

If an operator has an existing access permit, there is no need to re-apply. Current permits are valid until the stated expiration date or three years after the HVNL commences, whichever comes first.

A new national driver work diary

From 10 February 2014, there will be a new national work diary. All drivers of fatigue-regulated heavy vehicles who drive more than 100 kilometres from their home base or operate under BFM or AFM must complete a work diary to record their work and rest times. It is important to note that in Queensland, drivers previously only had to complete a work diary for journeys of more than 200 kilometres. Queensland drivers should be particularly mindful of this change.

An existing work diary can be used for up to six months after the HVNL commences.

What the new HVNL hasn't changed

While the aim of the HVNL is to promote one set of national laws and penalties, there will still be some aspects of the heavy vehicle industry that will remain the same. Specifically, for heavy vehicle registration, inspections, driver licensing and all matters related to the carriage of dangerous goods, operators will still deal with the relevant state or territory government department.

Roadside compliance and enforcement of the national law will still be delivered by state and territory police and transport inspectors. Finally, legal and court processes are largely the same.

Simone Farrugia Andrew Tulloch
sxf@cbp.com.au adt@cbp.com.au
Transport and logistics
CBP Lawyers

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Simone Farrugia
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.