Australia: Inside track: Transport, Shipping & Logistics: Media releases, reports, cases and legislation

Last Updated: 14 December 2018
Article by Nathan Cecil, Geoff Farnsworth, Harry Kingsley and Suzy Cairney
Most Read Contributor in Australia, December 2018

In the media

Road Vehicle Standards Bill passes both Houses
Heavy Vehicle Industry Australia (HVIA) notes the Road Vehicle Standards Act (RVSA) legislation has been through its final stages in Parliament and is expected to take effect from late 2019 and be fully implemented by late 2020 (30 November 2018).  More...

Drivers charged after Operation Kamyon
The South West Metro Region Highway Patrol, together with Roads and Maritime Services (RMS), reports Operation Kamyon was conducted on November 27 and 28, targeting "heavy vehicle safety, compliance, load restraint". Joint operation results in breaches and court notices; Police looking at COR options (30 November 2018).  More...

Bingo takeover attracts closer look from ACCC
Watchdog to examine vertical integration and market concentration in Sydney. The three levels of the supply chain, collection, processing and landfill, are closely linked. Collectors rely on access to processing facilities at competitive rates to compete for customers, and processors rely on access to landfill. The ACCC is investigating these vertical integration issues (30 November 2018).  More...

NatRoad seeking feedback on self-clearing defect notices
More than a year after its rollout, the National Road Transport Association (NatRoad) says it supports the ‘self-clearing defect’ category in the Heavy Vehicle National Law (HVNL) based on information from authorities but is seeking wider feedback from the coalface (29 November 2018).  More... 

'I'm paying off a licence I no longer own': Taxi drivers suing Uber
Taxi drivers in New South Wales, Victoria, Queensland and Western Australia will sue Uber in what may be "the largest" class action in Australian history (28 November 2018).  More...

QTA warns of New South Wales damaged number plates treatment
The Queenland Trucking Association (QTA) has issued a statement following a member concern, uncovering that in NSW a truck driver can be hit with a $1,392 fine plus four demerit points for number plates not displayed correctly. The state industry body questions the change in enforcement strategy at a time when the national regulatory direction is towards uniformity (28 November 2018).  More...

NHVR policy is another step toward risk-based national compliance activities
Heavy vehicle operators and the broader road transport industry can expect improved targeting of compliance activities by law enforcement agencies as they operate across state borders. National Heavy Vehicle Regulator (NHVR) CEO Sal Petroccitto released the NHVR’s final National Compliance and Enforcement Policy which includes principles on how agencies should tackle high-risk behaviors and non-compliance in the heavy vehicle industry (27 November 2018).  More...

Calls for truck-crash fatalities to be deemed workplace deaths
Union says current approach doesn’t place enough scrutiny higher up supply chain. Recent truck-driver deaths on Australian roads have led to renewed calls to treat truck-crash fatalities as workplace deaths to widen the scope of investigations (26 November 2018).  More...

Fatal truck crash research investment urged
NatRoad calls for better research into crash causes, COR prosecutions register. NatRoad references figures released by the Bureau of Infrastructure, Transport and Regional Economics (BITRE) (22 November 2018).  More...

Austroads: Fleet Ride Index proposed to better manage rural roads for freight
Austroads has published a report that proposes a ride quality index of roads for heavy vehicles, a heavy vehicle equivalent of the International Roughness Index (IRI) for cars to guide and improve road transport efficiency in Australia (20 November 2018).  More...

New app links operators to heavy vehicle rego info
Heavy vehicle operators and supply chain parties can now check the registration status of their fleet on a mobile phone app, no matter which state their vehicles are located. NHVR CEO Sal Petroccitto said the free NHVR Registration Checker app enabled drivers and supply chain parties to check that a vehicle is registered before loading or hopping behind the wheel (19 November 2018).  More...

Truck driver charged over deadly accident in Victoria's north-east
A truck driver will remain in custody after fronting court over a crash near Rutherglen in November in which a mother and her 12-year-old son were killed (19 November 2018).  More...

NTC releases transport reform implementation report
The sixth National Transport Reform Implementation Monitoring Report, which was released today by the National Transport Commission (NTC), shows improved progress towards building a uniform transport system across states and territories (19 November 2018).  More...

Australian freight and supply chain data study launched
Research and development body iMOVE has launched a project with the Department of Infrastructure, Regional Development and Cities (DIRDC) on freight and supply chain data, for which it is seeking participants (19 November 2018).  More...

Published - articles, papers, reports

Safety assurance for automated driving systems: decision regulation impact statement
National Transport Commission: 19 November 2018
The purpose of this decision regulation impact statement is to analyse options for the safety assurance of automated driving systems. This analysis is intended to inform a Transport and Infrastructure Council decision on a safety assurance approach.  More...  More...

NTC National Transport Reform Implementation Monitoring Report, No 6, 19 November 2018
The latest report shows that all participating jurisdictions have implemented or are on their way to implementing all amendment packages to the Heavy Vehicle National Law (HVNL) and the Rail Safety National Law (RSNL) in the 2017-18 fiscal year.  More...

NTC Newsletter On the Road Issue 48, 19 November 2018
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...

Austroads 2017-18 Annual Report
Austroads has published its 2017-18 annual report which provides a detailed review of the strategic focus of each Austroads Program as well as the projects completed and progressed during the year (23 November 2018).  More...

In practice and courts

NHVR: Final National Compliance and Enforcement Policy
Includes principles on how agencies should tackle high-risk behaviours and non-compliance in the heavy vehicle industry. This aligns with the NHVR’s Strategic Directions documents and will lead to more consistency around targeted compliance and high-risk activities (27 November 2018).  More...

ALC and ATA: The Master Code for Heavy Vehicle Safety
This Registered Industry Code of Practice (RICP), known as the Master Code, applies to all parties in the supply chain of a heavy vehicle, known as the Chain of Responsibility (CoR). It is intended to be used by all persons and businesses involved in the transport activity of a heavy vehicle. The Master Code was endorsed by the National Heavy Vehicle Regulator for registration on 23 November 2018, and was made publicly available on 29 November 2018.  More...

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 February 22, 2019 and must be implementable and able to start in the 2019-20 financial year for completion by June 30, 2022. More information and submission guidelines can be found here. 

Transport Certification Australia (TCA) consultation:  draft Intelligent Mass Functional and Technical Specification
This contains the performance requirements that need to be met by technology providers – or consumers with their own systems – to deliver the application. The consultation period ends December 7, 2018. A copy of the draft Specification can be requested here.

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.

AustRoads: Level of service requirements for freight on rural roads and refinement of heavy vehicle roughness band index
This investigates the safety and comfort of drivers, including collecting driver seat vibration data, in a range of vehicles to develop a proof of concept for the heavy vehicle ride quality index, and aims to provide road asset managers with information to better manage road infrastructure for improved rural trade and freight transport efficiency (20 November 2018).  More...

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...

DAWR – Biosecurity Levy Update - $10.02 per TEU – Major Change to Collection Model
The Biosecurity Levy set at $10.02 per incoming twenty-foot equivalent sea container (TEU) and $1 per tonne for non-containerised cargo, is proposed to be collected from ‘port operators (stevedores) – from 1 July 2019 (30 November 2018).  More...

Cases

Korea Shipping Corporation v Lord Energy SA [2018] FCAFC 201
ADMIRALTY AND MARITIME – where debtor transferred to trustee title to the ship under trust for benefit of security holder – where ship registered in name of trustee held as security for debtor’s performance of obligation to repay bank the value of bonds issued by debtor – whether debtor correctly determined to be beneficial owner of ship while she was held in trust for purposes of s 19(b) of Admiralty Act 1988 (Cth) – appeal allowed.

Legislation

Commonwealth

Acts

Shipping Registration Amendment Act 2018
30/11/2018 - Act No. 140 of 2018
Maritime Legislation Amendment Act 2018
29/11/218 - Act No. 138 of 2018

Bills

Modern Slavery Bill 2018
Senate Third reading agreed to 28/11/2018
Establishes a Modern Slavery Reporting Requirement to require certain large businesses and other entities in Australia to make annual public reports (Modern Slavery Statements) on their actions to address modern slavery risks in their operations and supply chains.

Regulations

Radiocommunications (VHF Radiotelephone Equipment – Maritime Mobile Service) Standard 2018
Tabled HR 28/11/2018 - This ACMA standard applies to radiocommunications devices which are radiotelephone transmitters or receivers operating within maritime mobile service VHF frequencies.

Gazetted

Heavy Vehicle National Law - National Class 3 Truck and Dog Trailer Mass Exemption Notice 2018 (No.2)
22/11/2018 - This notice is made under Section 117 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction (HVNL). 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.
Commencement - This Notice commences on the date of its publication. Expiry -This Notice expires five years after commencement.

New South Wales

Bills assented to

Road Transport Amendment (National Facial Biometric Matching Capability) Act 2018 No 91 — Assented to 28 November

Queensland

Subordinate legislation as made

No 205 State Penalties Enforcement (Heavy Vehicle National Law) Amendment Regulation 2018
30 November 2018

No 206 Transport and Other Legislation Amendment and Repeal Regulation 2018
30 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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