In the media
ATA pinpoints productivity and safety in PC reform
submission
The Australian Trucking Association (ATA)
says previous reforms have hindered industry efficiency. In
particular, it takes aim at national truck laws and regulatory
reforms, saying they have failed to boost trucking industry
sector-wide productivity and there must be reform (12 July 2019).
More...
NHVR completes first fatigue-monitoring trial
report
The National Heavy Vehicle Regulator
(NHVR) has completed its preliminary
fatigue-monitoring evaluation, with a view that the technology has
the potential to boost heavy vehicle safety - but not in isolation
(11 July 2019).
More...
Vehicle standards and safety under NTC microscope
Vehicle standards and safety is the focus of the National
Transport Commission's (NTC) latest Heavy
Vehicle National Law (HVNL) issues paper. It is
the final issue in the first group of papers for 'what is
regulated' under the HVNL (11 July 2019).
More...
NHVR debriefs on fatigue detection paper
Fatigue monitoring technology has the potential to boost
heavy vehicle safety, according to a National Heavy Vehicle
Regulator report (10 July 2019).
More...
NHVR confidential hotline marks first anniversary
The NHVR's Reporting Line has taken almost 1,500 calls
in its first year of operation, the regulator reveals. NHVR
national intelligence coordinator Aarron Unger says that the
hotline has proved invaluable for heavy vehicle drivers and supply
chain coordinators (10 July 2019).
More...
Truck restrictions offset by newer vehicle
incentive
The Smart Freight Partnership – Inner West, whilst
introducing new curfews for certain trucks, encourages the uptake
of cleaner vehicles to deliver safer conditions for drivers and
residents as a way of counteracting those restrictions. Access
times to roads within the zone will be cut for older trucks that
don't meet strict emission control standards - compared to
current access hours (09 July 2019).
More...
Environment Freight Zone to impose curfews on trucks in
Melbourne
Tough new curfews aimed at trucks by the Labor Government
in Melbourne are one of the consequences of an Environment Freight
Zone announced this week in the city's inner-west (09 July
2019).
More...
Investigation into Bulga mine truck collision
complete
The NSW Resources Regulator says that the investigation is
complete, and is calling on all mine operators and contractors to
ensure they have strategies in place to eliminate or minimise risks
associated with fatigue. They have recommended operators implement
real-time fatigue monitoring systems, encourage workers to
self-report fatigue and medical conditions, and review roster
cycles (08 July 2019).
More...
Heavy vehicle fire prevention conference in August
timely
High profile incidents regarding truck fires this year has
prompted an investigation by the National Heavy Vehicle Regulator
amid interest from wider industry to curb the growing amount of
incidents (08 July 2019).
More...
Northern supply chain and freight efficiency study
underway
Two top end universities are linking on a study to improve
the efficiency of northern Australia's agricultural supply
chains and freight networks (05 July 2019).
More...
HVIA welcomes moves to delay RVS Act
The federal government's intention to introduce
legislation delaying the implementation date for the new Road
Vehicle Standards Act (RVSA) has been
welcomed. The Department of Infrastructure, Transport, Cities and
Regional Development had been working towards an implementation
date of December 10 (03 July 2019).
More...
NTC seeks feedback on the safe operation of automated
vehicles while on road
The National Transport Commission (NTC)
has released a Consultation Regulation Impact Statement seeking
feedback on the role and regulation of different parties in the
safe operation of automated vehicles on Australian roads (01 July
2019).
More...
New Office to Accelerate Federal Road Safety
Leadership
The Federal Liberal and Nationals Government's new
Office of Road Safety is now operational and will get to work on
improving leadership and co-ordination across governments to reduce
deaths and serious injuries on the nation's roads (01 July
2019).
More...
Published – articles, papers, reports
Review of Fatigue/Distraction Detection Technology
interim report 2019
NHVR: 04 July 2019
Phase 1 of the Fatigue Monitoring Trial involved an initial review
of fatigue and distraction technology. The review
found that monitoring technology performed best as part of an
integrated fatigue risk management system, rather than as a
standalone tool; and this is the focus of the next phase of the
fatigue monitoring trial. The summary of the interim report is
available
here.
In practice and courts
AMSA: Consultation—draft Marine Order 31 (SOLAS
and vessel safety certification) 2019
Consultation on marine order 31 is open until 4 August
2019. Marine order 31 provides the requirements for survey,
certification and maintenance of certification of vessels. The
order gives effect to chapters I and VIII of
SOLAS and applies to regulated Australian vessels, government
vessels and foreign vessels (Updated 08 July 2019).
More...
NHVR: Draft Crane Industry Code of Practice
feedback
The draft Crane Industry Code of Practice has been
developed by the Crane Industry Council of Australia in
consultation with industry, and will consider and assess risks and
control measures specific to crane operations. These include: crane
road worthiness, mass configuration, crane load security, crane
operator competency for road travel, crane operator fatigue.
More...
Heavy Vehicle National Law Review: update
The purpose of the Heavy Vehicle National Law Review is to
deliver - from a first principles perspective - a modern,
outcome-focussed law regulating the use of heavy vehicles.
More...
Australian Industry Standards
Cross Sector Supply Chain Skills – Development –
Submission date 29 July 2019
TLI Chain of Responsibility – Development - Submission
date 01 July 2019
NTC Consultation RIS: Developing technology-neutral road
rules for driver distraction
Comments are due 21 August 2019 - The purpose of this
project is to find a better way to regulate the safe use of
technology devices as part of the Australian Road Rules.
More...
NTC Issues Paper - Easy access to suitable routes
Comments due 16 August 2019.
More...
NTC: National Heavy Vehicle Law Review Issues Paper
2
The National Transport Commission has begun its review of
the National Heavy Vehicle
Law. The commission is inviting stakeholders to provide their
views on the law until February 2020.
The second issues
paper has now been published, focusing on fatigue management.
Feedback is due by 16 August 2019.
More...
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...
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...
CASA: Modernising Australia's fatigue rules
CASA is implementing 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 (having a maximum seating capacity exceeding 38 seats or
a maximum payload exceeding 4200kg (see subsection 2 of CAO 82.0)
are required to transition to the new fatigue rules by 30 September
2019.
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
Murrumbidgee Irrigation Ltd v M & H Acar Pty Ltd [2019] NSWSC
807
1. The plaintiff have leave pursuant to r 12.1 of the UCPR
to discontinue these proceedings.
EQUITY – Costs application – order departing from r
42.19 of the Uniform Civil Procedure Rules 2005 (NSW) –
whether defendant's conduct has been so unreasonable as to
warrant such an order.
Use of heavy vehicles on site.
R v Palmer; Ex parte Attorney-General (Qld) [2019] QCA
133
Appeal dismissed. CRIMINAL LAW – APPEAL AND NEW
TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR
INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
– where the respondent pleaded guilty to one count of
dangerous operation of a vehicle causing grievous bodily harm
– where the respondent was sentenced to two years
imprisonment to be suspended forthwith for an operational period of
three years – where the respondent was driving a prime mover
and crashed into a line of cars that had stopped on a highway due
to roadworks – where there were two signs signifying that
there were roadworks ahead and that vehicles were to slow down
– where the respondent claimed that he "zoned out"
and failed to see the signs – where the respondent had .02
milligrams per kilogram of amphetamine and .2 milligrams per
kilogram of methylampethamine at the time of the crash –
where toxicology experts for both parties agreed that the effect of
these drugs upon a particular user could not be deduced from the
blood concentration – where the learned sentencing judge
found that the respondent was not adversely affected by the drugs
– where the learned sentencing judge found that the
respondent's inattention was due to familiarity with the road
as a professional truck driver – where the learned sentencing
judge identified the respondent's remorse, early guilty plea
and unremarkable traffic history as factors in mitigation –
whether the learned sentencing judge erred in exercise of
discretion when weighing up the factors in mitigation against the
weight of the respondent's drug use – whether the
sentence without a period of actual imprisonment was manifestly
inadequate.
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST
SENTENCE – GROUNDS FOR INTERFERENCE – where the
respondent pleaded guilty to one count of dangerous operation of a
vehicle causing grievous bodily harm – where the respondent
was sentenced to two years imprisonment to be suspended forthwith
for an operational period of three years – where the
respondent was driving a prime mover and crashed into a line of
cars that had stopped on a highway due to roadworks – where
the respondent had .02 milligrams per kilogram of amphetamine and
.2 milligrams per kilogram of methylampethamine at the time of the
crash – where it had been eight months since the respondent
was sentenced to the hearing of the appeal – where the
respondent had been in rehabilitation for his drug use –where
the Attorney-General appealed against sentence and submitted that
the respondent should be resentenced to serve a period of actual
imprisonment – where the exercise of sentencing discretion
miscarried and the sentence was manifestly inadequate –
whether it would be contrary to the public interest and oppressive
to the respondent to interfere with his rehabilitation by
resentencing to a term of imprisonment – whether the
Attorney-General negated any reason why the residual discretion not
to interfere should be exercised
Judges comment: In our respectful opinion, the observation that
there is a community need to keep on Queensland roads drivers of
heavy vehicles who behave like the respondent behaved was an error.
Indeed, the need to keep such drivers off the roads explains the
legislative requirement to disqualify offenders from holding a
driver's licence.
Legislation
NSW
Regulations and other miscellaneous
instruments
Road
Transport Legislation Amendment (Fees, Penalty Levels and Charges)
Regulation 2019 (2019-244).
Victoria
Acts
No 7
Transport Legislation Amendment (Better Roads Victoria and
Other Amendments) Act 2019
Date of commencement: 8 July 2019; Part 5 Division 2 (section 44),
sections 45, 47 of this Act came into operation on 08 July 2019
(SG282 2.7.2019).
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.