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
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.