In the media
New South Wales launches farmer rego refunds
The New South Wales government will partially refund heavy
vehicle registration charges paid by farmers and other primary
producers going back three years. The change comes as the NSW
government announces the launch of 97 road safety projects to take
place on regional roads across the state (7 September 2018).
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ACCC concerns on Siemens Alstom rail deal
The ACCC has expressed preliminary concerns about the
proposed merger of Siemens A.G.'s (Siemens)
Mobility Division with Alstom S.A. (Alstom), which
are detailed in a Statement of Issues. "A combined
Siemens-Alstom would be by far the largest supplier of heavy rail
signalling in Australia," ACCC chair Rod Sims said (7
September 2018).
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Concerns raised over industry Master Code
Safety and Compliance Summit attendees hope new Master
Industry Code of Practice will be more than a box-ticking exercise
(6 September 2018).
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CoR reforms pass Queensland parliament
The penultimate step in introducing chain of
responsibility (CoR) reforms to the Heavy Vehicle
National Law (HVNL) has taken place, with the
Queensland parliament passing the final amendments to the
legislation (6 September 2018).
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Port of Townsville upgrade receives funding
Port of Townsville has welcomed Prime Minister Scott
Morrison's announcement of a $75 million funding contribution
towards the Townsville Channel Capacity Upgrade (6 September 2018).
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Maritime emissions portal extensive validation verified
and completed
AUSMEPA & RightShip and working with our pilot ports
have gathered 2017 data, verified and adjusted, then sent off for
further validation, on top of our initial validation process.
Generally, reviewers found the report to be on sound basis and
acceptable for use in subsequent analyses (4 September 2018).
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Roadmap to deploy automated heavy vehicles
Austroads has published a roadmap to support the
introduction of automated heavy vehicles into regional and remote
areas of Australia and New Zealand (4 September 2018).
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ATA charges regulation call to halt exploitation
The national peak industry body urges the federal
government to ensure the planned independent price regulator for
truck charges has the power to regulate toll road and landside port
charges (3 September 2018).
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Heavy vehicles to join national written-off vehicle
management scheme
Austroads and the National Motor Vehicle Theft Reduction
Council have published assessment criteria for the classification
of heavy written-off vehicles, which will apply to rigid trucks,
prime movers, trailers and buses from late 2018 (3 September 2018).
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NHVR welcomes heavy vehicle road funding boost
The National Heavy Vehicle Regulator has welcomed the
Federal Government's $132.5 million boost for the next round of
road upgrades , with 93 road upgrade projects would share in a
total of $132.5 million under Round Six of the Heavy Vehicle Safety
and Productivity Program (31 August 2018).
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Fatigue safety forum looks to the future
NHVR CEO Sal Petroccitto said the NHVR Fatigue Safety
Forum would allow the NHVR to better understand many of the current
initiatives being used by operators and drivers to manage fatigue.
The outcomes of the forum will be made available ahead of a
proposed wider review of the Heavy Vehicle National Law to be
considered by Responsible Ministers later this year (31 August
2018).
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WestConnex deal offers chance to boost NSW freight
infrastructure
The Australian Logistics Council (ALC)
has welcomed the announcement that the NSW Government's
divestment of 51% of the Sydney Motorway Corporation will provide
an additional $9.3 billion to invest in other crucial
infrastructure projects (31 August 2018).
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Summit will get to the CoR of supply chain safety
The 2018 ALC & ATA Supply Chain Safety &
Compliance Summit, being held on 5-6 September, comes at a critical
time for Australia's heavy vehicle industry – and for
those who use their services in their day-to-day business
activities. On 1 October, changes to the Chain of Responsibility
(CoR) provisions in the Heavy Vehicle National Law
(HVNL) will come into effect (30 August 2018).
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Spirit of Tasmania owners sued over polo pony
deaths
The Spirit of Tasmania operator TT-Line is being sued for
negligence over the deaths of prized polo ponies that crossed Bass
Strait in January (28 August 2018).
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Heavy Vehicle National Law to go back to basics
The NTC expects to draft a whole new Heavy Vehicle
National Law (HVNL) after it completes its review
of the existing law (24 August 2018).
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Published – articles, papers, reports
Australian Infrastructure Budget Monitor
2018-19
IPA Major Report: 28 August 2018
The 2018-19 Australian Infrastructure Budget Monitor reaffirms
the two-economy divide in infrastructure across Australia. NSW and
Victoria, ranked first and second, have large infrastructure
funding commitments facilitated by strong fiscal positions. Asset
recycling continues to support growth, with both states benefiting
from selling their shares in Snowy Hydro to the Commonwealth, among
other asset divestments.
On the Road - On the Road - Issue 42, 27 August 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.
Making logistics a smoother ride
Lawyers Weekly: 30 August 2018
Logistics is a major component of most businesses and also one
of the most costly. As such, driving efficiencies in the logistics
space can have a material impact on your business' bottom
line.
In practice and courts
Business Case Program for Location-Specific Heavy
Vehicle Charging Trials opens
This Business Case Program puts stakeholders connected to
the heavy vehicle industry at the centre of the infrastructure
planning process. A range of stakeholders connected to the road
freight sector are eligible to submit a proposal to develop a
business case by 21 September 2018.
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Consignee address details reported in cargo
reports
It is an offence under section 243V of the Customs
Act to provide false or misleading information to the ABF in a
cargo report or outturn report; this includes incorrectly reporting
consignee details in a cargo report. Where the ABF finds a reporter
has been non-compliant, it will consider a range of responses aimed
at improving, and if necessary, enforcing compliance.
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AMSA Maritime Safety Awareness Bulletin Issue 8
Issue 8 of the Maritime Safety Awareness Bulletin aims to
inform on marine incident reporting and the important role it plays
in shaping maritime safety (7 September 2018).
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AMSA 2018-19 Annual Regulatory Plan
The latest regulatory plan provides details of planned
changes to regulatory instruments, including marine orders and the
National Standard for Commercial Vessels (3 September 2018).
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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...
Cases
Mount Isa Mines Ltd v The Ship "Thor
Commander" [2018] FCA
1326
SHIPPING AND NAVIGATION – Where main engine breaks down
during voyage – whether owners exercised due diligence
between and at commencement of voyage under Art 3(1) of amended
Hague Rules.
ADMIRALTY – Carriage of goods by sea – whether
charterparty or bill of lading is contract of carriage.
ADMIRALTY – Charterparty – provision for substitution
of vessel – whether substitution clause effects novation of
charterparty with owners of substitute vessel.
EVIDENCE – Where party destroys or fails to preserve real
evidence consisting of damaged machinery – where court orders
retention – whether all possible adverse inferences should be
drawn against party.
EVIDENCE – Proof of reasonableness of settlement –
where cargo owner settles claim by salvor in respect of cargo
owner's liability for salvage – factors to be considered
– where shipowner does not explain to cargo owner how event
giving rise to salvage occurred.
SHIPPING AND NAVIGATION – Salvage – 1989 Convention on
Salvage – whether vessel was in danger – factors
relevant to quantification of salvage award.
EVIDENCE – Where witness disbelieved – whether positive
inference can be drawn to opposite of false story.
SHIPPING AND NAVIGATION – Transhipment – whether cargo
owner entitled to claim transhipment costs of part of cargo while
vessel repaired at a port not being the port of discharge –
where transhipment costs incurred due to ship owner's breach of
obligation in contract of carriage to exercise due diligence before
and at commencement of voyage to make ship seaworthy under Art 3(1)
of amended Hague Rules – where cargo owner had signed letter
of indemnity – construction of letter of indemnity.
Carlon v Roads and Maritime Services
[2018] NSWCATOD 140
ADMINISTRATIVE LAW – Merits review – bus
service operator – accreditation – safety critical
components – public passenger vehicle maintenance plan -
manufacturer standards – maintenance and repair.
Legislation
Commonwealth
Gazetted
Queensland
Heavy Vehicle Standards (Special Purpose Vehicle) Exemption Notice
2018 (No. 1)
The purpose of this notice is to exempt Special Purpose
Vehicles (SPV) that are heavy motor vehicles and
operate under the Queensland Guideline, from complying with certain
requirements of the Heavy Vehicle (Vehicle Standards) National
Regulation (the National Regulation) (5 September 2018).
Wharf
Revocation and Appointment (No. 2608) - Port of Newcastle -
Mayfield Precinct
a) REVOKE all previous notices published in the Gazette
appointing the wharf known as Mayfield Precinct, in the Port of
Newcastle, in the state of New South Wales; b) APPOINT as a wharf
in the Port of Newcastle the area known as Mayfield Precinct in the
state of New South Wales (28 August 2018).
Regulations
Legislation
(Deferral of Sunsetting — Carriers' Liability
Regulations) Certificate 2018
This instrument defers the sunsetting date of the Civil
Aviation (Carriers' Liability) Regulations 1991 from 1 October
2018 to 1 October 2019 (30 August 2018).
Seacare
Authority Code of Practice Approval 2018 - Health and Safety in
Shipboard Work, including Offshore Support
Vessels
27/08/2018 - This instrument provides guidance on ways to
meet occupational health and safety standards on vessels (27 August
2018).
New South Wales
Regulations and other miscellaneous instruments
Road
Amendment (Portable Traffic Light Trailers) Rule 2018
(2018-522) — published LW 7 September 2018
Road
Transport (Driver Licensing) Amendment (Demerit Points) Regulation
2018 (2018-523) — published LW 7 September 2018
Queensland
Bills
Heavy
Vehicle National Law Amendment Bill 2018
Introduced by: Hon M Bailey MP on 1/05/2018
Stage reached: Passed with amendment on 5/09/2018
Changes to the HVNL giving new powers to authorised officers have
passed the Queensland parliament ahead of their national
introduction.
The new obligations will apply from October 1.
Subordinate legislation as made – 07 September
2018
No 142 Proclamation —
Heavy Vehicle National Law and Other Legislation Amendment Act
2016 (commencing remaining provisions)
No 143 Proclamation —
Heavy Vehicle National Law and Other Legislation Amendment Act
2018 (commencing certain provisions)
No 144 Proclamation —
Transport Legislation Amendment Regulation (No. 2) 2018
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.