In the media

RMS lashes company’s ‘recidivist behaviour’ over fleet condition Roads and Maritime Services (NSW) has taken aim at a transport company it says was issued with 50 defect notices in a single year and has now been fined more than $17,000 during a recent court appearance (08 August 2019). More...

Company fine prompts VicRoads load limits reminder Company penalised $7,500 for 380mm overwidth truck load (07 August 2019). More...

Court calls for work diary hours ‘trap’ warning Truck driver loses SA Supreme Court appeal but judge notes shortfall that can help cost thousands (07 August 2019). More...

NT to come on board with national heavy vehicle number plates The Northern Territory Government has adopted two changes to heavy vehicle registration with effect from 1 August to align the Northern Territory with other jurisdictions across Australia. Registration labels will no longer be issued or need to be displayed, and operators will have the option to apply for national heavy vehicle number plates for their vehicles (06 August 2019). More...

Introduction to AFM booklet launched at forum The NHVR has released An Introduction to Advanced Fatigue Management (AFM) booklet during the recent second Fatigue Safety Forum. NHVR Fatigue Specialist Andreas Blahous said the new booklet would provide simple information for operators seeking access to more flexible work and rest hours (06 August 2019). More...

Toll Transport fined for Northern Beaches incident after crash EPA Director Hazardous Materials Asela Atapattu said a $2,000 Penalty Notice was issued for the way a contractor engaged by Toll Transport responded to the crash. “Any poorly managed recovery on a major road involving dangerous goods has the potential to cause significant harm to the environment and people in the area, including residents and motorists (06 August 2019). More...

Roadside drug testing in Australia 2018 BITRE have released a dashboard outlining statistics for roadside drug testing across Australia in 2018 (05 August 2019). More...

Government rolls out new road safety committee The federal government has announced a new joint select committee on Road Safety. Among other matters, the Committee will inquire into and report upon the effectiveness of existing road safety support services and programs, including opportunities to integrate Safe System principles into health, education, industry and transport policy (02 August 2019). More...

Driver incident renews licensing standards call A matter involving a truck driver behaving recklessly behind the wheel has again raised questions over the standards of Australia’s heavy vehicle licensing and training models. The VTA says it continues to lead a review of the licencing system, while looking to implement a skills-based graduating system (31 July 2019). More...

Big Rigs Column - This takes a toll on all drivers Through Round 4 of the Heavy Vehicle Safety Initiative we’re directing $700 000 of funding to mental health projects directly targeted at the heavy vehicle industry. The HVSI is a major priority of the NHVR because it provides funding for safety projects and ideas that have originated with industry (26 July 2019). More...

Published – articles, papers, reports

NHVR On the Road - On the Road - Issue 65, 8 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

National Freight and Supply Chain Strategy 2019 To position Australia to meet its emerging freight and supply chain challenges the Transport and Infrastructure Council endorsed the National Freight and Supply Chain Strategy and National Action Plan on 2 August 2019. The Strategy and Action Plan set an agenda for integrated national action across all freight modes over the next 20 years and beyond. 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

AMSA: Consultation—draft Marine Order 31 (SOLAS and vessel safety certification) 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. 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 Effective fatigue management (May) – open for comment until 16 August 2019 Easy access to suitable routes (June) – open for comment until 16 August 2019. More...

IATA reminder: Cargo Agents to Submit Employee ULD Handling Certification IATA Requires IATA Cargo Agents to Submit Employee ULD Handling Certification by 5 September 2019 – Validation. AFIF is adding more dates for the IATA compliant Load Distribution and Restraint Training Course, for Members requiring to update staff training certification to meet IATA compliance requirements. More...

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 Issues Paper - Vehicle standards and safety Comments are due by 30 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...

Cases

Ballantyne v National Heavy Vehicle Regulator [2019] SASC 135MAGISTRATES – APPEAL AND REVIEW – SOUTH AUSTRALIA – APPEAL TO SUPREME COURT STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – GENERALLY – CRIMINAL LAW – PARTICULAR OFFENCES – DRIVING OFFENCES – appeal against conviction – the appellant truck driver was charged with contravening s 250(1)(a) of the Heavy Vehicle National Law (South Australia) Act 2013 (SA) (the National Law) in that he worked for more than 12 hours – held, dismissing the appeal – 1. The prosecution was justified in selecting the end of the particular major rest break as being the start of a relevant 24 hour period and that the appellant recorded 13 and three quarter hours during that 24 hour period. That is sufficient to prove the charged offence. Police v Barnes (2017) 129 SASR 575 followed; Roads & Traffic Authority v Trinci [2011] NSWSC 211 referred to – 2. Although the work diaries issued to truck drivers are not invalid, such work diaries could be more ‘user friendly’. The most obvious improvement might be to expressly state, loudly and clearly, that following the end of a major rest break, there can be two overlapping 24 hour periods each of which might potentially lead to a prosecution Heavy Vehicle National Law (South Australia) Act 2013 (SA) s 250(1)(a); Heavy Vehicle (Fatigue Management) National Regulation reg 5, sch 1, referred to.

Jesse v Roads and Maritime Services NSW [2019] NSWCCA 176CRIMINAL LAW – stated case from District Court on question of law – where appeal dismissed against conviction of driving heavy vehicle not complying with loading requirements – whether extension of time should be granted – limitations of stated case procedure – inappropriate to answer question of mixed fact and law – whether primary judge misdirected himself at law as to the meaning of a defined term Crimes (Appeal and Review) Act 2001 (NSW), s 11(1); Criminal Appeal Act 1912 (NSW), s 5B Heavy Vehicle National Law (NSW), s 111(1); Heavy Vehicle (Mass, Dimension and Loading) National Regulation , reg 38; Sch 7, s 1; Load Restraint Guide 2004.

Legislation

Gazetted

Heavy Vehicle National Law - Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.11)The purpose of this Notice is to amend stated maps for vehicles at the request of road managers. This Notice applies in all participating jurisdictions (07 August 2019).

Heavy Vehicle National Law - Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.10)The purpose of this Notice is to amend stated maps for vehicles at the request of road managers. The amendments take effect 28 days after publication of Amendment Notice 2019 (No.10). This Notice applies in all participating jurisdictions (31 July 2019).

NSW

Regulations and other miscellaneous instruments Marine Safety Amendment (Exemptions) Regulation 2019 (2019-373) — published LW 9 August 2019. The object of this Regulation is to allow Roads and Maritime Services to exempt any class of persons or vessels from the provisions of the Marine Safety Regulation 2016 by publishing an order in the Gazette instead of on the NSW legislation website.

Bills introduced Government Transport Administration Amendment (RMS Dissolution) Bill 2019 The object of this Bill is to dissolve Roads and Maritime Services (RMS) and transfer its assets, rights, liabilities and functions to Transport for NSW (TfNSW).

Victoria

Statutory Rules No 67 Heavy Vehicle National Law Application (Infringements) Amendment Regulations 2019.