Australia: Transport, Shipping & Logistics News – 8 October 2018

Last Updated: 13 October 2018
Article by Nathan Cecil, Geoff Farnsworth, Harry Kingsley and Suzy Cairney
Most Read Contributor in Australia, September 2018

In the media

Technology not the answer for fatigue says union
TWU and drivers suggest alternatives for fatigue funding targets after the federal government's joint announcement with the National Heavy Vehicle Regulator (NHVR) to fund fatigue-monitoring technology trials (05 October 2018). More...

Government, NHVR to tackle fatigue with technology
Funding allocated for trials to analyse various technologies in enhancing heavy vehicle safety. Federal transport minister Michael McCormack says the aim of the field trials is to determine the effectiveness of technology in reducing road deaths and trauma, with driver fatigue said to cause between 8 to 20 per cent of all crashes on Australian roads (04 October 2018). More...

Industry brings stevedore impost concerns to McCormack's attention
A delegation of New South Wales and federal industry representatives and state transport operators have lobbied federal transport minister and deputy prime minister Michael McCormack directly over steep increases in stevedores' unregulated 'infrastructure surcharges' (04 October 2018). More...

Driver fatigue testing to awaken new safety standards
The Liberals and Nationals Government and the NHVR are investing in new field trials to test driver fatigue monitoring technologies, which can enhance heavy vehicle safety outcomes. Deputy Prime Minister and Infrastructure, Transport and Regional Development Minister Michael McCormack said field trials of the SmartCap technology would be conducted by the Port of Brisbane and the Queensland Trucking Association as part of the Heavy Vehicle Safety Around Ports project (03 October 2018). More...

Automated vehicle data security and privacy a key policy
Security is a key consideration for the Australian government in the future implementation of automated and connected vehicles, it says, adding it is well aware of the privacy risks and challenges involved with the technology (03 October 2018). More...

Inland Rail PPP Announcement A Positive Step
The Australian Logistics Council (ALC) has welcomed the announcement by the Federal Government that progress is being made in delivering the most complex section of the Inland Rail alignment, from Gowrie to Kagaru in Queensland (04 October 218). More...

NSW access policy framework given strong support
Reaction to the New South Wales Heavy Vehicle Access Policy Framework has been positive in transport and logistics circles, both within the state and nationally, with performance Based Standards seen as gaining more traction (02 October 2018). More...
The framework can be found here.

NTC and NHVR mark commencement date of new Chain of Responsibility laws
NTC and NHVR acknowledge a road safety milestone as amendments to chain of responsibility duties in the Heavy Vehicle National Law (HVNL) take effect. NTC Acting Chief Executive Dr Geoff Allan says these reforms respond to calls to improve the safety and productivity of road transport operations. (01 October 2018). More...

New NHVR module to assist operators in COR obligations
The NHVR has released a Registration Services module on its website as part of changes to Chain Of Responsibility (COR) duties in the Heavy Vehicle National Law (NHVL). The Registration Services module allows operators to access registration and vehicle details (01 October 2018). More...

NHVR Registration Services set to go live
Heavy vehicle operators will have access to their fleet's registration details on one dedicated web-based platform. NHVR CEO Sal Petroccitto said the NHVR's new Registration Services module on the NHVR Portal would allow operators to access details of all the vehicles in their registered fleet (30 September 2018). More...

Peak industry bodies mark HVNL reform date - 01 October 2018
Peak transport and logistics industry representatives and regulators have marked the date Heavy Vehicle National Law (HVNL) reforms see Chain Of Responsibility (COR) change (01 October 2018). More...

Port fee increases transfer cost from lines to truckers
Landside transport operators across Australia are appalled by the latest announcement by DP World Australia of further massive increases in vehicle booking fees and Infrastructure Access Charges from 1 January 2019 (28 September 2018). More...

NTC: Tackling privacy challenges of government access to data from automated vehicles
The NTC is seeking feedback on a discussion paper about regulating government access to C-ITS and automated vehicle data (27 September 2018). More...

New future of competency management for rail industry workers
The Australasian Railway Association (ARA) announced that a new five year contract has been awarded for the delivery of the Rail Industry Worker Program (RIW), the ARA's national competency management system, on the back of an extensive tender process undertaken by key rail industry organisations (27 September 2018). More...

Heavy vehicle accreditation fees to rise
Regulator says original pricing fails to reflect true cost of administering accreditation scheme (26 September 2018). More...

Freight and Ports Plan efficiency emphasis lauded
Industry has reacted positively to the NSW Freight and Ports Plan 2018-2023, citing efficiency improvement and long-term economic growth outlook as favourable aspects (25 September 2018). More...

NSW Government release (24 September 2018). More..

Published - articles, papers, reports

Remarkably adaptive: Australian cities in a time of growth
Marion Terrill, Hugh Batrouney, Diana Hourani, James Ha; Grattan Institute: 01 October 2018
Australia's population is growing rapidly. The major cities of Sydney and Melbourne, in particular, are booming. Many people are asking whether the growth rates of the past decade are sustainable, or whether Australia has reached a tipping point where congestion and other downsides of growth. More...

Waiting for the green light: Sustainable transport solutions for local government
Petra Stock; Climate Council of Australia: 26 September 2018
Transport pollution is one of the major drivers of climate change in Australia's towns and cities. A new Climate Council report has found transport is Australia's second largest source of greenhouse gas pollution (after electricity). More...

On the Road - On the Road - Issue 44, 25 September 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

NTC Discussion Paper: Tackling privacy challenges of government access to data from automated vehicles
The NTC's discussion paper identifies three categories of new privacy challenges, and outlines options to address these as they relate to automated vehicle and C-ITS technology. The paper does not examine private sector access to data. Submissions can be made online here. Submissions close on 22 November 2018, with recommendations due to Australian transport ministers in May 2019.

FIATA Publishes Best Practices to Enhance Container Shipping - Container Detention and Demurrage
FIATA hopes the guide can provide orientation to its members and all stakeholders as to which conditions are adequate.. For access to the newly published guide, Best practice guide 'Demurrage and Detention in Container Shipping'(05 October 2018). More...

NHVR: Registration Services module on its website as part of changes to Chain Of Responsibility (COR)
Registration Services allows users to: confirm that details recorded by transport authorities align with their own records; check registration changes and transfers have been processed correctly; forecast registration renewals and costs; and download or print vehicle records to provide to other parties in the supply chain (01 October 2018). More...

CASA: New fatigue transition dates
As part of our response to the independent review of the fatigue rules, CASA have announced new transition dates. High capacity regular public transport operators are required to transition to CAO 48.1 by 30 September 2019 and all other air operators by 26 March 2020. The deadline for operators to transition by 31 October 2018 no longer applies. More...

NHVR: Primary producer work diary exemption to be extended
The National Primary Production Work Diary Exemption 2018 would continue the exemption for drivers of vehicles over 12 tonnes transporting produce within a 160km radius of their base. The Notice will apply in all participating NHVR states and territories. For more information visit here (10 September 2018). More...

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. For more information visit here. More...

IATA Dangerous Goods Regulations, 60th edition
60th Edition of the IATA Dangerous Goods Regulations and associated products are now available for Pre-order. Expected delivery is mid-late October 2018. There are a large number of changes in the new edition of the IATA DGR Manual so make sure you order your new copy to reflect these changes. More...

SafeWork NSW: Transport Work Health and Safety Sector Plan 2018
The Plan will: Improve standards for working from the ground when loading and unloading vehicles; ensure businesses develop a traffic management plan; and promote the principles of 'three points of contact' when getting in and out of vehicles. A mental and physical health awareness and compliance program will be implemented as part of the plan. Further information on the Transport Work Health and Safety Sector Plan is available here (24 September 2018).

NSW Freight and Ports Plan 2018-2023
The Plan highlights the government and industry plans for road, rail, air, shipping and pipelines and builds on investment from the 2013 NSW Freight and Ports Strategy, and provides more than 70 initiatives for increasing capacity on the existing network, including building new infrastructure (released 24 September 2018). More...

New Standards
AS ISO 22915.1:2018
Industrial trucks - Verification of stability - General - Standards Australia.

AS/NZS ETSI EN 301 178:2018
Portable Very High Frequency (VHF) radiotelephone equipment for the maritime mobile service operating in the VHF bands (for non-GMDSS applications only) - Standards Australia.

Cases

Australian Federation of Air Pilots [2018] FWCD 5765
Fair Work (Registered Organisations) Act 2009 s.159—Alteration of other rules of organisation.

Konann Pty Ltd v Casey City Council [2018] VSC 565
PLANNING – Development contributions – Infrastructure levies – Precinct Structure Plan – Development Contributions Plan – Infrastructure works to be constructed under a development contributions plan completed by developer – Duties and powers of collecting agency – Extent of credit or refund payable to developer – How determined – Double dipping – Planning and Environment Act 1987 (Vic) pt 3B, s 46P(2) – Casey City Council v Carson Simpson [2007] VSC 25; (2007) 18 VR 19 (Osborn J) considered.
The DCP provides for the construction of a significant public road intersection on the northern boundary of the estate, at the intersection of Glasscocks Road and Wheelers Park Drive ('the intersection'), in a particular configuration described in the DCP.

Flogineering Pty Ltd v Blu Logistics SA Pty Ltd [2018] FCA 1479
PRIMARY INDUSTRY – consideration of the regulatory arrangements established under the National Measurement Act 1960 (Cth) concerning the approval of a pattern (design) for a milk flowmetering system for the accurate measurement of the transfer of milk from the refrigerated vat on a dairy farm to a transport tanker and from the tanker to the storage vats of a milk processor – consideration of the conditions of approval of the pattern – consideration of the provisions of the Act relating to examination and approval of patterns, verification of compliance of instruments with the relevant requirements, certification and use – consideration of whether the affixing of an approval number to particular measuring instruments without the approval of the applicant engages misleading or deceptive conduct or conduct likely to mislead or deceive and whether such conduct amounts to passing off.
STATUTES – consideration of a wide range of provisions of the National Measurement Act 1960 (Cth) and the Regulations made under that Act.

Legislation

Commonwealth

Gazetted

Heavy Vehicle Stated Maps – Amendment Notice 2018 (No.4)
03/10/2018 - The purpose of this Notice is to amend stated maps for vehicles at the request of road managers.
Amendments made under s175 take effect immediately. This Notice applies in all participating jurisdictions.

Heavy Vehicle National Law - National Primary Production Work Diary Exemption Notice 2018 (No. 1)
27/09/2018 - The purpose of this Notice is to extend the record keeping obligations ordinarily applying to a driver undertaking 100km work to the driver of a fatigue-regulated heavy vehicle transporting primary produce between a primary production facility and a point of sale, processing or distribution (including return journeys) within 160km of the driver's base.

Regulations

CASA 68/18 — GNSS Navigation Under the V.F.R. (CGG Aviation) Instrument 2018
03/10/2018 - This instrument allows CGG Aviation (Australia) Pty Ltd to use Global Navigation Satellite System equipment in lower level flights over the ocean in visual meteorological conditions, with appropriate safeguards.

NSW

Proclamations commencing Acts
Road Transport Legislation Miscellaneous Amendments Act 2018 No 23 (2018-560) — published LW 28 September 2018

Regulations and other miscellaneous instruments
Heavy Vehicle (Mass, Dimension and Loading) National Amendment Regulation 2018 (2018-554) — published LW 25 September 2018

Bills revised following amendment in Committee
Road Transport Legislation Amendment (Penalties and Other Sanctions) Bill 2018

Bills passed by both Houses of Parliament – 28 September 2018
Road Transport Legislation Amendment (Penalties and Other Sanctions) Bill 2018

Queensland

Subordinate legislation as made
No 151 Heavy Vehicle (Mass, Dimension and Loading) National Amendment Regulation 2018
25 September 2018

Bills
Heavy Vehicle National Law Amendment Bill 2018
Assent Date: 11/09/2018 Act No: 18 of 2018 Commences: see Act for details
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.

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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