The Heavy Vehicle National Law (HVNL) is in the final stages of being reformed. The amending legislation, Heavy Vehicle National Law Amendment Bill 2025 (Qld) (Amendment Bill), was introduced into Queensland Parliament on 26 August 2025 and proposes sweeping changes to how heavy vehicle operations are governed.
The reforms are the result of consultation led by the National Transport Commission, with input from industry stakeholders and government bodies. They are aimed at modernising and enhancing HVNL compliance and clarifying legal responsibilities under the law.
While the Amendment Bill has not yet passed, it proposes several significant changes to the HVNL. We unpack four pivotal amendments that businesses and executives in the chain of responsibility should know:
- a new prohibition on driving while 'unfit to drive' and increased penalties
- streamlining of accreditation systems and mandating Safety Management Systems (SMS) for accreditation benefits
- allowing audits of SMS to be used as evidence of compliance
- new powers for the National Heavy Vehicle Regulator (NHVR) to issue codes of practice.
New prohibition - driving while 'unfit to drive'
The current section 228(1) of the HVNL imposes a duty on a driver to not drive while impaired by fatigue. The maximum penalty for a breach of this duty is $6,000.
The Amendment Bill proposes to amend section 228(1) to require that a driver must not drive while fatigued or when the driver is 'unfit to drive'. The reference to 'unfit to drive' is a new prohibition and would cover a broader range of situations such as physical illnesses and injuries, mental health issues, substance use, and other factors that may compromise safety.
This new duty applies to all drivers of heavy vehicles over 4.5 tonnes, not just those operating fatigue-regulated vehicles over 12 tonnes.
The Amendment Bill also proposes to increase the maximum penalty to $20,000, reflecting the seriousness of the offence. Further, proposed amendments to section 540 of the HVNL would allow an authorised officer (such as a NHVR official or police officer) to stop a vehicle if it perceives that the driver is 'unfit to drive'.
The expanded duty means that drivers must self-assess their fitness before and during driving. This includes not only monitoring for fatigue but also for signs of illness, stress, or substance impairment and taking the appropriate action such as resting, seeking medical advice or notifying their employer.
For employers and schedulers, the amendment reinforces the importance of supporting driver health and wellbeing. This may involve revising policies, updating training materials and investing in health monitoring technologies. Failure to support and ensure driver fitness could expose employers and those engaging drivers to liability under chain of responsibility provisions.
Accreditation and safety management systems
Under section 654 of the current HVNL, there are four types of accreditations: basic fatigue management (BFM), advanced fatigue management (AFM), heavy vehicles mass management and heavy vehicle maintenance management.
The proposed amendments to section 654 of the HVNL (and other consequential amendments) simplify the accreditation framework by replacing the previous accreditations with only two categories:
- general safety accreditation - requires operators to implement a comprehensive SMS which describes the public risks and outlines controls to mitigate them. The SMS will need to comply with standards which the Minister will create once the new amendments come into place. The Minister will also have the power to audit the compliance of the SMS with the standards
- alternative compliance accreditation - allows operators to deviate from standard requirements if they meet the prescribed safety standards.
General safety accreditation is available to any heavy vehicle operator. It is aimed at improving operators' ability to meet their primary safety duty obligations under the HVNL and requires them to develop a robust SMS framework, train staff and conduct regular audits. As discussed above, audit results can be used as evidence in prosecution proceedings for breach of the primary safety duty.
Alternative compliance accreditation will entitle operators to get custom work/rest hours or mass limits so that they can more flexibly manage these issues. To obtain this accreditation, an operator must first hold a general safety accreditation. This requirement addresses a shortcoming of the current accreditation system, where operators can obtain the equivalent of alternative compliance accreditation in their chosen areas only, without having an overall SMS that addresses all HVNL risks.
Audits as evidence
Under the current regime, evidence of SMS audits are not automatically admissible in court proceedings. This limits their use and creates uncertainty about their value.
The new section 632B proposed by the Amendment Bill will change this by allowing audits conducted by approved auditors to be used as evidence in prosecutions for breaches of executive or primary safety duties under sections 26D(1A), 26F, 26G or 26H of the HVNL.
This amendment presents a significant opportunity for operators. A well-documented audit can serve as part of a defence or in support of a reduced penalty in legal proceedings, demonstrating proactive risk identification and safety management.
However, in order to have legal weight, audits need to be thorough, conducted by suitably qualified auditors and relate to the particular risk or issue before the court.
National Heavy Vehicle Regulator's code of practice
Under the current regime, registered industry codes of practice can be issued to provide parties in the chain with guidance on risks, hazards and risk-management practices. These codes can also be used in court proceedings to demonstrate compliance or inform the court of relevant industry standards. However, they could only be prepared byindustry.
The Amendment Bill empowers the NHVR to issue, amend and revokecodes of practiceto guide compliance with HVNL duties. Such codes must undergo public consultation before adoption.
This change means that the NHVR will be able to issue codes of practice, including in relation to sectors or issues where industry has not organised to prepare and submit a code, giving the transport sector and businesses that engage transport services a greater range of guidance material in the future.
Final thoughts
These amendments clarify responsibility of drivers, formalise safety systems and enhance regulatory agility, marking a significant evolution in the HVNL. Businesses that engage transport services should begin reviewing their compliance frameworks, updating internal policies and ensuring that both executives and operations staff understand their new obligations and opportunities.
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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.
