Australia: Inside track: Transport, shipping and logistics – media releases, articles, papers, reports, in practice and in courts, cases and legislation

Last Updated: 27 November 2018
Article by Nathan Cecil, Geoff Farnsworth, Harry Kingsley and Suzy Cairney
Most Read Contributor in Australia, December 2018

In the media

Transport ministers endorse safety assurance approach for automated vehicles in Australia
Transport ministers have paved the way for the commercial deployment of automated vehicles in Australia within the next few years, by endorsing a safety approach for approving vehicles at first supply (15 November 2018). More...

Minimum 30-day payment terms must be mandatory: NatRoad
The National Road Transport Association insists minimum 30-day payment terms are a must given the tight margins of the road transport industry (15 November 2018). More...

Queensland targets below50 emissions
Larissa Rose, Queensland Renewables Fuels Association (QRFA) Managing Director, who is helping to promote below50, said the objective was to see greater uptake of low-carbon fuels into Queensland's transport sector. (15 November 2018). More...

Heavy vehicle knowledge transfer at crossroads: ARTSA
The Australian Road Transport Suppliers Association (ARTSA) has highlighted concerns about knowledge transfer in the wider road transport industry following its well-received heavy vehicle training course (14 November 2018). More...

Truck driver charged with 104 offences
Victorian driver inspected in New South Wales found with array of work diary and fatigue violations (14 November 2018). More...

Industry association welcomes WOHVR
The Australian Heavy Vehicle Repairers Association (AHVRA), the peak body representing commercial vehicle accident repair specialists throughout Australia, has welcomed the introduction of the Written Off Heavy Vehicle Register (WOHVR) which is due to come into effect in New South Wales 1 December (13 November 2018). More...

Time to review stamp duty on heavy vehicle registrations: NatRoad
The recent release of the Grattan Institute's policy priorities research shows that stamp duty is a drag on the community and a bad tax from a transport business perspective, according to the National Road Transport Association (13 November 2018). More...

Freight sector calls on governments to hasten reform progress
The Australian Logistics Council has called for a more rapid approach to supply chain reforms from governments around the country, after a meeting between Australia's transport, infrastructure and planning ministers. Ministers and industry representatives discussed continued work on heavy vehicle road reforms. Ministers are due to return in 2019 with advice on how reforms should be implemented (12 November 2018). More...

NHVR: Forums include mental health advice for Top End operators
The NHVR has joined the Northern Territory Road Transport Association (NTRTA) and Western Roads Federation to deliver mental health education for heavy vehicle operators and owners serving the country's Top End (09 November 2018). More...

Faster pace needed on positive TIC outcomes: ALC
There are some positive outcomes from the meeting of the Transport and Infrastructure Council (TIC) in Sydney, however governments need to adopt a faster pace when it comes to implementing key reforms the freight logistics industry needs, according to the Australian Logistics Council (ALC) (09 November 2018). More...

NHVR: Program to tackle heavy vehicle safety
Funding applications for Round 4 of the Heavy Vehicle Safety Initiative program are now open giving the green light to submissions on projects which will save lives and reduce road trauma (07 November 2018). More...

Updated ABS data highlights value of transport industry
Transport activity worth $122.3 billion to GDP in updated statistics (05 November 2018). More...

Published - articles, papers, reports

On the Road - Issue 47, 7 November 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...

AMSA October incidents
A total of 45 domestic commercial vessel incidents were reported to AMSA in the month of October. Of these, seven were categorised serious (12 November 2018). More...

In practice and courts

Heavy Vehicle Safety Initiative (HVSI): Round 4 Funding
HVSI encourages applications that identify risks and seek opportunities to improve heavy vehicle safety to reduce road trauma and save lives. Applications for round four funding are open until 22 February 2019 and must be implementable and able to start in the 2019-20 financial year for completion by 30 June 2022. More...

NTC Discussion Paper Reminder: Motor accident injury insurance and automated vehicles
The NTC discussion paper examining whether there is a need to change existing compulsory motor accident injury insurance schemes to cover automated vehicles. submissions from insurers, manufacturers, legal experts, academics and individuals can be made via the NTC's website. Submissions will be open until 12 December 2018.

NTC Discussion Paper Reminder: 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 via the NTC website. Submissions close on 22 November 2018.

Consultation for draft AMSA Mandated Practical Assessments
Consultation is now open for the draft AMSA Mandated Practical Assessments and will close on 10 December 2018. More...

AAT to begin using 1-Stop's Vehicle Booking System (VBS) for container operations
With AAT Fisherman Islands to begin using the VBS for all containers from November 8th, 2018, they will see a greater utilisation of assets, improved planning and increased collaboration with the whole supply chain. All containerized cargo coming in and going out of the terminal will require a slot booking from 8th November. More...


Kokou v Roads and Maritime Services and Local Court of New South Wales [2018] NSWSC 1692
ADMINISTRATIVE LAW – Judicial Review – Where Roads and Maritime Services (RMS) cancelled plaintiff mechanic's examiner's authority to test and check vehicles for registration purposes – Where appeal against RMS decision dismissed by the Local Court – Whether Magistrate denied procedural fairness by making findings adverse to the plaintiff contrary to concessions by the RMS without adequate notice – Whether Magistrate denied procedural fairness by making adverse findings beyond the breaches alleged against the plaintiff in the show cause letter - Empire was not accredited to inspect heavy vehicles at that time, although the Fairfield premises were. The plaintiff indicated that he had passed heavy vehicles at Five Dock probably two or three times.

Roads and Maritime Services v East Coast Wharf Constructions Pty Ltd; Roads and Maritime Services v King [2018] NSWLEC 182
PRACTICE AND PROCEDURE – whether leave granted to Roads and Maritime Services (RMS) to institute a prosecution with respect to offences under the Protection of the Environment Operations Act 1997 (POEO Act) – RMS "an appropriate regulatory authority" to bring proceedings for the offence – leave granted pursuant to s 219(1A) of the POEO Act - Marine Safety Act 1998 Pt 6 Div 3; Transport Administration Act 1988 Pt 6.




Maritime Legislation Amendment Bill 2018
Amends the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 and Navigation Act 2012 to clarify that references to 'regulations' generally include Marine Orders made under the Acts. Finally passed both Houses 15 Nov 2018.

Shipping Registration Amendment Bill 2018
Amends the Shipping Registration Act 1981 to make technical amendments necessary for the remaking of the Shipping Registration Regulations 1981, including: removing provisions requiring the regulations to prescribe the form of shipping registration certificates; removing references to prescribed forms of certificates; and clarifying an appropriate head of power for provisions in the regulations where required. Finally passed both Houses 15 Nov 2018.


National Class 3 Truck and Dog Trailer Mass Exemption Notice 2018 (No.1)
This notice exempts truck and dog trailer combinations from stated prescribed mass requirements in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation), and provide access for those vehicles on specified networks under specified conditions (Gazetted 12/11/2018).

New South Wales

Proclamations commencing Acts
Road Transport and Related Legislation Amendment Act 2017 No 61 (2018-621) - published LW 9 November 2018

Regulations and other miscellaneous instruments
Road Transport Amendment (Written-off Heavy Vehicles Register) Regulation 2018 (2018-629) - published LW 9 November 2018


Subordinate legislation as made – 09 November 2018
No 179 Fisheries (Vessel Tracking) Amendment Regulation 2018 09 November 2018
No 189 Rural and Regional Adjustment (Bus Driver Safety Scheme) Amendment Regulation 2018 16 November 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.

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Nathan Cecil
Geoff Farnsworth
Suzy Cairney
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