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).
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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).
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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).
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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).
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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).
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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).
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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).
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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.