Transport

The National Transport Commission of Australia (NTC) is developing model laws aimed at harmonising Australian legislation with respect to heavy vehicles (with gross vehicle mass of over 4.5 tonnes). New national legislation is anticipated to come into force on 1 January 2013.

The proposed Heavy Vehicle National Laws (HVNL) are aimed to do away with the current myriad of disparate state and territory laws concerning heavy vehicles so that drivers, owners, operators and those in the chain of responsibility for heavy vehicles are not subject to a completely different set of rules, regulations and requirements when crossing a state or territory border.

Chapter 12 of the HVNL will also set up a “one-stop-shop” in the form of a Heavy Vehicle National Regulator, whose role is to deal with road managers and customers as set out in the diagram below.

The HVNL will be an independent statutory authority empowered to deal with:

• certain national strategies, policies, processes and standards;
• delivering functions and services (including issuing permits and notices);
• the chain of responsibility;
• the National Heavy Vehicle Accreditation Scheme (NHVAS);
• decision-making (right to be given reasons and to challenge decisions);
• mutual recognition by States and Territories for matters such as vehicle inspections and driver standards for pilot/escort vehicles;
• issues concerning accreditation;
• the States and Territories for the delivery of functions and services by relevant road managers such as local councils; and
• vehicle conditions generally.

The HVNL will cover:

• heavy vehicle registrations;
• chain of responsibility laws;
• mass, dimensions and load requirements;
• road access for heavier and larger vehicles;
• speeding compliance laws;
• fatigue laws;
• accreditation;
• compliance and enforcement; and
• reviews and appeals.

However, HVNL will not alter current dangerous goods legislation and driver licensing legislation.

The NTC is still in the process of consulting with industry in relation to the proposed legislation. The expected commencement date is 1 January 2013. More information is available on the NTC website at www.ntc.gov.au.

If you would like to discuss this legal alert in more detail, please contact Gillian Bristow or Priya Panwar on  07 3231 2444.

Belinda is a partner in our Employment and Workplace Relations team, and specialises in employment law, industrial relations, discrimination and safety.

She regularly provides assistance to clients in developing a broad range of employment contracts and workplace policies. She provides advice to clients in managing various employment issues such as workplace injuries, employee misconduct or poor performance and termination of employment. She also provides assistance to clients in managing industrial issues such as enterprise bargaining, right of entry and industrial action.

Belinda conducts complex workplace investigations in response to safety related incidents or allegations of misconduct, as well as providing advice to clients about safety compliance matters.

As an experienced workplace trainer Belinda develops and delivers training programs for employers on a range of topics such as managing workplace investigations, equal employment opportunity, managing ill and injured employees, performance management and employment basics for small to medium enterprises.

An experienced advocate, Belinda often appears in Fair Work Australia or the discrimination Commissions on behalf of clients.