The National Transport Commission (NTC) has released a
consultation regulatory impact statement to assess four regulatory
options and their potential impacts.
Option 1 is to maintain the existing legal
position and to make no new changes to heavy vehicle roadworthiness
regulation, other than the previous agreed reforms, namely:
the adoption of national heavy vehicle and roadworthiness
the continuation of the existing state-based variations in
roadworthiness compliance and enforcement.
Option 2 is to improve industry education
including reviewing the Heavy Vehicle Inspection Manual, developing
uniform education and training for authorised officers, operators
and drivers, and producing new registered codes of practice and
Option 3 focuses on amending the Heavy Vehicle
National Law (HVNL) to allow the National Heavy Vehicle Regulator
to require nominated heavy vehicles and classes of heavy vehicles
to undergo scheduled inspections. Such a risk management approach
would mean that inspection resources are directed towards vehicles
that pose the greatest risk. Option 3 also proposes:
including new, specific chain of responsibility duty in the
HVNL for particular responsible parties to ensure they have
business practices in place to maintain vehicles in a roadworthy
providing for formal roadworthiness procedures, including
criteria for issuing a formal warning or major or minor defect
providing for standardised inspection types, practices and
defect clearance processes.
Option 4 proposes many of the same measures as
Option 3 but with key differences in the approaches to scheduled
inspections. Option 4 proposes mandating scheduled
inspections for all heavy vehicles at prescribed
intervals (such as annual inspections). Option 4
also proposes including a new general chain of responsibility duty
into the HVNL requiring parties in the chain to 'take all
reasonable steps to maintain vehicles in a roadworthy
The NTC is presently considering comments and submissions that
have been put forward by interested parties. The NTC currently
favours option 3. The regulatory impact statement and
implementation of any recommendations will be considered by the
Transport and Infrastructure Council in July 2015.
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