Australia: Transport, Shipping & Logistics News – 15 August 2018

Last Updated: 17 August 2018
Article by Nathan Cecil, Geoff Farnsworth, Harry Kingsley and Suzy Cairney
Most Read Contributor in Australia, September 2018

In the media

Changing public perception key to combating driver shortage: VTA
The current training regimes for truck driving don't convey a suitable understanding of the application and skills required to operate a modern commercial heavy vehicle according to VTA Chief Executive Officer, Peter Anderson (09 August 2018). More...

Transurban to hand over sensitive traffic data on Sydney toll roads
Australia's largest toll road operator has agreed to hand over the data about its Sydney toll roads to allay concerns that the company has an unfair advantage over rivals (09 August 2018). More...

CSIRO Tech world first set to fuel hydrogen industry after recent trials
Australia stands on the precipice of a new hydrogen production and export industry according to the CSIRO. Expectations are high for the technology and its future industries after the CSIRO demonstrated the operation of a Toyota Mirai and Hyundai Nexo after they were successfully refuelled with ultra-high purity hydrogen (09 August 2018). More...

Driver loses tyre blowout compensation case
A truck driver lost a case for compensation against a waste management company after the District Court of New South Wales found that a "blameless accident" had not taken place (06 August 2018). More...

Details emerge over missing rego-fraud trucks
VicRoads is working with Victoria Police to help locate 39 missing trucks and trailers after fraudsters were able to sign the vehicle registrations into the name of someone who did not own them (06 August 2018). More...

Port of Newcastle commits to develop container terminal
The Port of Newcastle CEO has committed to developing a world-class container terminal to boost jobs and business opportunities in the Hunter region and dramatically reduce the number of trucks on Sydney's roads through the expanded use of Newcastle's rail connectivity (07 August 2018). More...

$6 billion penalty for Newcastle container port
The ACCC is currently investigating "concerns that contractual restrictions may prevent the expansion of container throughput at certain ports". It is speculation that these unspecified "concerns" include the anti-competitive Port of Newcastle container fee (03 August 2018). More...

ALRTA rejects changes to vehicle standards regulations
The Australian Livestock and Rural Transporters Association has lodged a formal submission to National Transport Commission rejecting a proposed change to the Heavy Vehicle (Vehicle Standards) National Regulation (03 August 2018). More...

Penalties necessary for effective Modern Slavery laws
Financial penalties should be levied upon entities that fail to report their modern slavery risks under the proposed legislation, the Law Council will tell a parliamentary committee (03 August 2018). More...

Modern slavery bill needs tougher penalties, oversight: Law Council
Proposed laws to shine a light on modern slavery may be too weak to have a real impact, according to the Law Council of Australia (02 August 2018). More...

Truck driver charged after crash leaves two dead on M1
A 30-year-old truck driver is charged and granted bail after a fiery crash on the M1 north of Sydney killed two people, severely injured five others and caused peak-hour traffic chaos last night (01 August 2018). More...

Fault putting helicopters at risk of mid-air failure, federal regulator warns
The lives of all helicopter operators in northern Australia are at risk because a key engine component is wearing out much faster than it should — possibly because of a change to aviation gas composition — and it may cause a mid-air failure (01 August 2018). More...

New Container Terminal Planned for Newcastle, Australia
The CEO of Australia's Port of Newcastle, Craig Carmody, has announced his commitment to developing a world-class container terminal at the port. The site chosen has the capacity for a two million TEU per annum container terminal, coupled with a shipping channel that can accommodate vessels up to 10,000 TEU, with the capability of larger vessels with some ancillary channel modifications (01 August 2018). More...

Consultation on rear wheel mods kicks off
The NHVR has opened consultation on a new modification code to fit non-standard rear wheel components on heavy vehicles. NHVR Vehicle Safety and Performance Manager Peter Austin said the new code (D3) would allow certification of some common modifications to heavy vehicle rear tyres and rims by Approved Vehicle Examiners (AVEs) rather than requiring approval from the NHVR (31 July 2018). More...

Linfox cuts reportable injuries by 26 per cent
Linfox has reduced its 12-month Total Reportable Injury Frequency Rate by more than 26 per cent the Australian logistics company confirmed (30 July 2018). More...

Published – articles, papers, reports

CBD and South East Light Rail: key sources
NSW Parliament; Issues Backgrounder 2/2018 by Lenny Roth: August 2018
This paper contains a collection of key sources on the CBD and South East Light Rail project, including government publications, parliamentary material, and media articles. More...

On the Road - Issue 40, 30 July 2018 - NHVR newsletter
On the Road provides 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...

In practice and courts

NHVR consultation reminder: D3 modification draft code
To allow certification of some common modifications to heavy vehicle rear tyres and rims by Approved Vehicle Examiners (AVEs) rather than requiring approval from the NHVR. The draft D3 modification code and required AVE qualification recommendation will be open for feedback until August 25. Feedback can be provided by completing the forms here.

NHVR: Changes to Chain of Responsibility laws confirmed for October 1
Reforms to the Chain of Responsibility (CoR) laws will be implemented from 1 October. Duty holders who assess their risks and manage them will be complying with both the HVNL and workplace safety law. The NHVR has information available including CoR Gap Assessment tools, role-specific fact sheets, Safety Management System templates and tools, and videos and podcasts. More... More...

ACCC update: About the compulsory Takata airbag recall
The Assistant Minister to the Treasurer, the Hon Michael Sukkar has issued a compulsory recall for all vehicles with defective Takata airbags, following an ACCC safety investigation (August 2018). More...

Cases

Globex Shipping S.A. v Magistrate Mack & Anor (No 2) [2018] QSC 172
The second respondent pay the applicant's costs of the application on the standard basis.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS – POWER TO AWARD GENERALLY – GENERALLY – where the applicant sought review of a magistrate's decision – where submissions made on behalf of the second respondent led the magistrate to fall into error – where the proceedings were criminal proceedings but the review application was a civil application – whether costs should be awarded.
Judicial Review Act 1991 (Qld) s 49; Justices Act 1886 (Qld) s 54, s 113A.
Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cth) s 9(1B), s 29A.

D'Arcy v Caltex Australia Limited [2018] ACTSC 206
TORTS – Personal injury – workplace accident re-lining underground petrol tanks – plaintiff claiming breach of duty of care – alleged breaches of various statutes – two defendants – liability of Fuel-Sys – whether there was contributory negligence on the part of the plaintiff – liability of Caltex – whether Caltex owed the plaintiff a duty of care – whether there was a relationship of agency - whether Caltex was an 'occupier' of the service station site – whether Caltex breached duty of care – assessment of damages – 'Territory or State of Connection'.

Legislation

Commonwealth

Bills introduced Government – 10 August 2018
Road Transport Legislation Amendment (Penalties and Other Sanctions) Bill 2018

Regulations and other miscellaneous instruments
Road Transport (Driver Licensing) Amendment (Rider Competency Assessment) Regulation 2018 (2018-410) — published LW 3 August 2018
Road Transport (General) Amendment (Hunter Development Corporation) Regulation 2018 (2018-411) — published LW 3 August 2018
Road Transport (General) Amendment (Northern NSW Local Health District) Regulation 2018 (2018-412) — published LW 3 August 2018

Queensland

Subordinate legislation as made
No 112 Transport and Other Legislation Amendment (Postponement) Regulation 2018 03/08/2018

Victoria

Bills Introduced and Second Read in the first House – 10 August 2018
Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Bill
Victorian legislation is available here.

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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Authors
Nathan Cecil
Geoff Farnsworth
Suzy Cairney
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