In the media
Infrastructure Australia warns on future freight task
burdens
Infrastructure Australia's 2019 Audit has warned of
the growing challenges facing the freight industry over the next 15
years and beyond if infrastructure shortfalls and inefficient
regulation are not adequately addressed (14 August 2019).
More...
Infrastructure Audit highlights need for freight
infrastructure investment
The release of the Australian Infrastructure Audit 2019
brings attention to how more targeted investment in freight
infrastructure is necessary according to the Australian Logistics
Council (13 August 2019).
More...
Introduction of automated vehicles bring new challenges
for data access and insurance
The NTC has released two policy papers on the future
regulation of automated vehicles (AVs) in
Australia. The papers consider the coverage of motor accident
injury insurance for AV crashes and government access to
Cooperative Intelligent Transport Systems (C-ITS) AV data (12
August 2019).
More...
Austroads harnesses telematics for freight route
analysis
Peak roads agency Austroads has released a research report
demonstrating how a range of heavy vehicles use roads designated as
key freight routes. The project involved more than 4,300 heavy
vehicles and 1,000 transport operators (23 August 2019).
More...
Heavy rigid fatal crashes rise and rise: BITRE
Fatal heavy rigid truck accidents have risen gradually
during the decade but, in an alarming trend reversal, have
continued to spike this year following a short-term dip to June
last year (22 August 2019).
More...
NHVR calls for feedback on grain schemes
NHVR Executive Director Freight and Supply Chain
Productivity Peter Caprioli said the Grain Harvest Management
Schemes Review Issues Paper called for feedback on the creation of
national standards. There are currently a range of schemes
operating nationally with allowances for mass and operational
conditions that vary significantly in each state (22 August 2019).
More...
Regulator sees need for fatigue management
flexibility
A prescriptive element combined with greater operator
flexibility underscores the National Heavy Vehicle Regulator's
fatigue management submission to the Heavy Vehicle National Law
review (21 August 2019).
More...
ATA emphasises human element in fatigue reform
"The ATA's submission to the National Transport
Commission on fatigue calls for more flexible fatigue management,
simplified rules and record-keeping, and a reduction in the
penalties for work and rest hour record-keeping offences," ATA
chair Geoff Crouch says (21 August 2019).
More...
Freight industry on board for airport opportunity
Ten of Australia's major freight companies have
entered memoranda of understanding with Western Sydney Airport. The
Airport's unrestricted 24/7 operations will be the key to
unlocking new export opportunities for businesses and producers
across Western Sydney and NSW (20 August 2019).
More...
Time to tackle truck fires: ARTSA
The heavy vehicle fires conference held 15 August at Royal
Randwick Racecourse in Sydney energised the heavy vehicle community
to tackle truck fires according to Australian Road Transport
Suppliers Association (19 August 2019).
More...
NSW Police responds to truck fatality with five-day
blitz
NSW Police has reacted sternly to a fatal truck collision
in the state's mid-north coast, conducting a five-day
compliance operation that saw more than 150 heavy vehicles
inspected (19 August 2019).
More...
NatRoad urges heavy vehicle access overhaul
The National Road Transport Association
(NatRoad) has advocated for a complete overhaul of
Australia's heavy vehicle access system, labelling it an area
of industry inefficiency that desperately requires reform (15
August 2019).
More...
Published – articles, papers, reports
AUSTROADS: Key Freight Routes – Heavy Vehicle
Usage Data Project
AP-R602-19; 15 August 2019
This report provides a picture of how a range of heavy vehicles use
roads designated as Key Freight Routes. The project collected
telematics data from heavy vehicles and found that telematics can
provide a wide range of statistics that can help.
More...
An assessment of Australia's future infrastructure
needs
Infrastructure Australia: 13 August 2019
The 2019 audit covers transport, energy, water, telecommunications
and – for the first time – social infrastructure, and
looks at the major challenges and opportunities facing
Australia's infrastructure over the next 15 years and beyond.
More...
Urban transport crowding and congestion
Infrastructure Australia: 13 August 2019
This supplementary report to the 2019 Australian Infrastructure
Audit provides a snapshot of urban congestion and crowding in 2016,
based on the population and transport networks of our six largest
capital cities and their satellite cities and regions. More...
NHVR On the Road - On the Road - Issue 66, 20 August
2019
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
NHVR Consultation: Grain Harvest Management Schemes
Review Issues Paper
The issues paper looks at the various opportunities and
challenges that exist with the current schemes, and options to
achieve national consistency. Submissions close on October 18 (22
August 2019). More...
Current Consultations
Performance of the Australian Maritime Safety Authority
Status: Submissions closed. Date Referred: 23 July 2019. Next
Hearing: 13 September 2019
The policy, regulatory, taxation, administrative and funding
priorities for Australian shipping
Status: Submissions closed. Date Referred: 23 July 2019. Reporting
Date: 05 December 2019
Performance of the Australian Transport Safety Bureau
Status: Inquiry commenced. Date Referred: 22 August 2019
CASA Reminder: Modernising Australia's fatigue
rules
We are implementing our response to the
independent review of the fatigue rules and are now consulting
with industry on the proposed CAO 48.1 Instrument 2019 –
Modernising Australia's Fatigue Rules. There will be a staged
transition to the new rules: High capacity regular public transport
operators are required to transition to the new fatigue rules by 30
September 2019.
CASA Consultation: Proposed changes to the dangerous
goods rules – amendment to CASR Part 92 - (PP 1902OS)
Closes 5 September 2019 - Part 92 – Consignment and
carriage of dangerous goods by air. The changes aim to improve and
update the regulations, making them easier to understand and comply
with
Proposed changes to the dangerous goods rules – amendment to
CASR Part 92 - (PP 1902OS). Closes 5 September 2019.
NTC Issues Paper - Vehicle standards and safety
Comments are due by 30 August 2019.
NTC Issues Paper - Vehicle standards and safety
NTC Issues Paper - Safe people and practices
Comments are due by 30 August 2019.
NTC Issues Paper - Safe people and practices
NTC Consultation RIS - Developing technology-neutral
road rules for driver distraction
Comments are due by 04 September 2019.
NTC Consultation RIS - Developing technology-neutral road rules for
driver distraction
AFIF: Biosecurity Levy Update - Revised Start Date 1
September 2019
The Government has announced a delay with a new start date
of 1 September 2019 and a consequent small loss of revenue
associated with a later start date.
More...
AMSA Marine Order 505—certificates of
competency—national law
AMSA are reviewing marine order 505 and part D of the
National Standard for Commercial Vessels. (13 August 2019).
More...
Reminder: Anti-Slavery
Act
The first reporting year for companies with the Australian
financial year is 1 July 2019 - 30 June 2020 so businesses should
be aware of these obligations this year. More...
Cases
WATSON -v- GREGORY SPENCER WARD t/as WARD'S STOCK
TRANSPORT [2019] WADC
118
Workplace accident – cattle transport –
employer's duty of care – breach of duty of care –
contributory negligence – damages – turns on own
facts
Judgment for plaintiff – liability apportioned and damages
assessed
The plaintiff is and was an experienced driver of such vehicles,
including the three trailer long road trains seen on Western
Australian highways. Part of the job of a driver of these vehicles
involves loading and unloading the stock that is carried.
Linfox Australia Pty Ltd v Commissioner of Taxation of
the Commonwealth of Australia [2019] FCAFC
131
TAXATION – appeal on a question of law from the
Administrative Appeals Tribunal – fuel tax – excise or
customs duty that is payable on fuel – whether taxpayer
acquired taxable fuel to use, in a vehicle, for travelling on a
public road – whether, as a consequence, the amount of the
taxpayer's fuel tax credit for the fuel was reduced by the
amount of the road user charge for the fuel – whether error
of law in the conclusion of the Tribunal that certain toll roads
operated by a private operator to make a profit and required to be
maintained by that operator at its cost were each a "public
road" within the meaning of s 43-10(3) of the Fuel Tax Act
2006 (Cth)
TAXATION – appeal on a question of law from the
Administrative Appeals Tribunal – fuel tax – whether,
if the taxpayer was entitled to a fuel tax credit, it ceased to be
entitled to such credit "to the extent that it has not been
taken into account, in an assessment of a net fuel amount" of
the taxpayer, during the period of four years after the day on
which the taxpayer was required to give to ....the Commissioner a
return for the period, within the meaning of s 47-5(1) of the
Fuel Tax Act
transport sector has long argued that the current excise
arrangements for heavy vehicles , defined as those with a gross
vehicle mass of 4.5 tonnes or more, are inefficient and need
reform. The government has listened and will introduce reforms to
remove inefficiencies and ensure the excise system plays a more
positive role in supporting Australia's transport task.
DHL Supply Chain (Australia) Pty Ltd
[2019] FWCA 5641
Fair Work Act 2009 s.185 – Enterprise
agreement DHL Supply Chain (Australia) Pty Ltd
Application for approval of the DHL Supply Chain (Australia) Pty.
Limited & National Union of Workers, Workplace Logistics
Services Agreement - Victoria, 2019.
Legislation
Gazetted
Heavy
Vehicle National Law - Tasmania Class 1 Special Purpose Vehicle
Exemption Notice 2019 (No.1)
12/08/2019 - This Notice exempts eligible Class 1 Special
Purpose Vehicles from compliance with certain requirements in
Schedule 1 and Schedule 6 of the Heavy Vehicle (Mass Dimension and
Loading) National Regulation (the MDL Regulation), and
corresponding vehicle standards requirements under Part 5 of the
Heavy Vehicle (Vehicle Standards) National Regulation (the VS
Regulation).
Victoria
Bills
Rail Safety Legislation Amendment (National Services Delivery and
Related Reforms) Bill 2019
Date of second reading speech: 14 August 2019 - Rail safety
enforcement and compliance work will be undertaken by officers of
the Office of the National Rail Safety Regulator under the Rail
Safety National Law (Victoria).
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.