The National Transport Commission (NTC) has released a draft of the proposed amendments to the National Heavy Vehicle Law (NHVL) and the first tranche of regulations sitting under this law.
Most notable for HVIA members is the decision to move various sections of the legislation relating to vehicle standards, PBS, Notices and Permits, and warning signs into the regulations. This will make it easier to implement future changes to the law such as the mass and dimension increases outlined in the Reforms to Heavy Vehicle National Law Decision Regulation Impact Statement (D-RIS) and agreed to by Ministers in two tranches in June 2023 and September 2024.
The D-RIS changes include an increase in general mass limits to match the current concessional mass limits and increases in the general access height limit from 4.3m to 4.6m and vehicle length from 19m to 20m. The mass and dimension increases require further consultation which is planned for Q1 2025 and will be included in a future tranche of regulatory amendments with the intention of passing the legislative amendments and both regulation packages in the first half of 2025.
Key changes included in the consultation drafts include:
- Shifting parts of the legislation surrounding PBS vehicles into the regulations to make them easier to administer;
- Moving some of the provisions surrounding the granting of notices and/or permits into regulation. These provisions relate to vehicle standards exemptions, heavy vehicle modifications, and mass or dimension exemptions;
- Moving some of the provisions related to warning signs and signals into regulations;
- Changes to the definition of twin steer axle groups; and
- Provisions for alternative compliance accreditation for mass limits.
For operators, the reforms also include updates to fatigue record-keeping and enforcement regulations to simplify certain work diary requirements and enable authorised officers to issue formal warnings for a broader range of breaches, including fatigue record-keeping.
This change aims to make the law fairer on drivers for minor work diary errors. Following further work to confirm a cost-effective implementation pathway, the HVNL will also include ‘formal education’ as an enforcement option for work diary administrative offenses.
For operators, the reforms also include updates to fatigue record-keeping and enforcement regulations
Other changes endorsed by ministers in June 2023 aimed at more effective regulation, supporting safety and productivity improvements, and streamlining governance, include:
- A tiered safety assurance system with a baseline tier of simplified requirements and an alternative compliance tier for accredited operators. This will offer more flexibility for the industry and improve safety for the community.
- Development of alternative compliance options instead of these being fixed in the law. This supports risk-based regulation and gives the regulator greater autonomy and discretion.
- The opt-in National Heavy Vehicle Accreditation Scheme (NHVAS) will be enhanced to allow accredited operators more flexibility and choice in managing their compliance obligations, within set limits.
- As an enhancement to the current scheme, the updated law will establish a scalable Safety Management System, as a core accreditation requirement.
- A new National Audit Standard will be created by the regulator and approved by ministers. This may reduce the need for multiple audits, benefiting productivity and saving costs.
- Codes of Practice will now be developed and approved by the regulator. This will support guidance to drivers and other chain of responsibility parties, leading to better compliance and safer behaviour.
- Ministerial powers will be adjusted so that ministers can direct the regulator to take action where there is a serious public risk.
- Enforcement changes will align the HVNL with other laws, allowing improvement notices and prosecution processes to occur concurrently.
- The updated law will expand the driver duty to include not driving if unfit for any reason, not just fatigue, enhancing public safety.
Notably, the changes to duties include revised definitions of the due diligence and safety duties requirements for executives of organisations in the chain of responsibility, including explicit prohibition of requests and contracts that would breach the chain of responsibility duties.
HVIA has arranged for Aaron de Rosario from the NTC to speak on the proposed changes to the HVNL at the next Member Forum to be held on October 31. Register here.
Further information on the proposed amendments is available here.
Consultation on the changes closes on November 21, 2024.
HVIA is currently analysing the proposed changes in more detail and following the October 31 Member Forum will contact members to finalise our response. In the interim, if you would like to discuss this in more detail please contact Greg Forbes at g.forbes@hvia.asn.au.