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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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Updated ABS data highlights value of transport
industry
Transport activity worth $122.3 billion to GDP in updated
statistics (05 November 2018).
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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.
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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).
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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...
Cases
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.
Legislation
Commonwealth
Bills
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.
Gazetted
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
Queensland
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.