In the media

Fair Work starts action against Boske Road Transport
Fair Work Inspectors started an investigation into the company after receiving requests for assistance from the employees. The FWO alleges that the drivers were underpaid as they were in fact employees covered by the Road Transport and Distribution Award 2010, and for one worker in relation to a period of long-distance work, the Road Transport (Long Distance Operations) Award 2010 (09 January 2020). More...

Truckies face crippling losses due to bushfires
The bushfires that have forced an unprecedented ongoing two-week closure of the Eyre highway connecting Perth and Adelaide has imposed crippling costs on many transport operators stuck at the roadblocks (08 January 2020). More...

Draft plan to boost heavy vehicle productivity
The NHVR is calling for a coordinated approach to addressing Australia's growing road freight task, with the Executive Director Freight and Supply Chain Productivity, Peter Caprioli releasing a Draft Heavy Vehicle Productivity Plan 2020-2025 for feedback (19 December 2019). More...

The dangerous side of day cabs
Despite all the new electronic safety technology and chain of responsibility rules, the best tool to fight fatigue is still a bunk. But there are a lot of prime movers running at night without them, and that could present a legal risk (18 December 2019). More...

SafeWork NSW in hydraulic failure fatality alert
Workplace watchdog SafeWork NSW warns operators to never rely on trailer hydraulics or other lowering devices to prevent a ramp from falling after the recent death of a truck driver (17 December 2019). More...

Richmond buffer stop collision final report released
A number of possibilities for the driver's inaction were examined during the course of the investigation, which was conducted on behalf of the ATSB by NSW's Office Transport Safety Investigations included: The driver blacking out; the driver experiencing a microsleep due to fatigue impairment; or the driver being distracted or inattentive (20 December 2019). More...

Transport for NSW opens freight data hub
State department Transport for NSW has opened a Freight Data Hub, to applause from the Australian Logistics Council. The hub has four main aspects: A Freight Performance Dashboard, Strategic Freight Forecasts, an Open Data Hub and at TCA Telematics Data portal (16 December 2019). More...

Fatigue operation shows increase in truckies doing the right thing
A recent National Heavy Vehicle Regulator-led operation targeting fatigue showed 93.9 per cent of truck drivers are complying with fatigue regulations aimed at keeping everyone safe on our roads. NHVR CEO Sal Petroccitto said Operation Wake Up intercepted 4096 drivers over an eight-day period in December at more than 80 locations and mobile patrols across Australia (13 December 2019). More...

Published – articles, papers, reports

Damage assessment Criteria for the classification of heavy vehicle statutory write-offs
AP-G90-19 Edition: 1.1: 16 December 2019
This Guide has been developed by Austroads and the National Motor Vehicle Theft Reduction Council to support the consistent application of special assessment criteria for the classification of heavy written-off vehicles. More...

NHVR On the Road Newsletter 2019
 Bushfire Recovery Information - Bulletin1,8January2020

NHVR On the Road Newsletter 2019
The newsletter 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

Current Senate inquiries
 Importance of a viable, safe, sustainable and efficient road transport industry
Status: Submissions closed.Date Referred: 11 September 2019. Reporting Date: 14 October 2020.

NATROAD bushfires: Employers' obligations and options:Driver affected by impassable roads
If a long-distance driver is delayed because of an impassable highway, clause 22 of the Road Transport (Long Distance Operations) Award 2010says that the driver must be paid a maximum of 8 hours in any period of 24 hours but at the prescribed rate, not the cents per kilometre rate (07 January 2020). More...

NHVR consultation: Draft heavy vehicle productivity plan 2020-2025 (HVPP)
The HVPP offers a pathway forward to meet the ambitions of government and the heavy vehicle industry and will be further informed through this next phase of consultation. Submissions close on 13 March 2020. More...

NHVR:Bushfire information update 3, 3 January 2020 - Eyre Highway closure
NHVR is working with Main Roads Western Australia and local police to support the large number of heavy vehicle operators currently unable to access sections of the Eyre Highway. More...

NTC:Heavy vehicle charges consultation paper
Publication date 11 December 2019. Submissions close on 28 February 2020
NTC are seeking feedback on the Transport and Infrastructure Council's preference for heavy vehicle charges to increase by 2.5 per cent in 2020–21 and 2.5 per cent in 2021–22. View the NTC's heavy vehicle charges consultation report.

NHVR: HVSI program funding 2020-21
Projects must be implementable, begin in the 2020-21 financial year and be completed by June 30, 2023 – and applications are open until February 21, 2020. The funding is focused towards groups and projects delivering safety benefits for the heavy vehicle industry and all road users. More...

Transport and logistics IRC skills forecast 2019
AIS says that case for endorsement and draft training package materials for a raft of transport and logistics projects have been submitted to the Australian Industry and Skills Committee for its consideration. They include: Chain of Responsibility and heavy vehicle driver safety. More...

AIS: Transport and Logistics Industry Reference committee projects (expected 31 December 2019)
 TLI Chain of Responsibility
TLI Heavy Vehicle Driver Safety
TLI Freight Forwarding

Current consultations
 The policy, regulatory, taxation, administrative and funding priorities for Australian shipping
Status: Date Referred: 23 July 2019. On 5 October 2019, the Senate granted an extension of time to report until the Wednesday of the first sitting week in June 2020.

IMDG code change - Refresher course must be completed by 31 December 2019
The current edition IMDG Code 2016 (Amendments 38-16) is only valid until 31 December 2019 and then will be superseded by the new edition IMDG Code 2018 (Amendments 39-16) which comes into effect on 1 January 2020 for two years. It is an AMSA requirement that Dangerous Goods Certificates are in line with the current regulations. More...

Legislation

Gazette Notices

Heavy Vehicle National Law - South Australia Class 3 (Application of Higher Mass Limits) Mass Exemption Notice 2020
This Notice revokes and replaces the South Australia Class 3 (Application of Higher Mass Limits) Mass Exemption Notice 2019 (No.1).This Notice commences on 3 January 2020.

Heavy Vehicle National Law - National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2015 Amendment Notice 2020 (No.1)
06/01/2020 - This Notice amends the National Class 2 Heavy Vehicle Road Train Authorisation (Notice) 2015 (Road Train Notice) by updating the South Australia Schedule. This notice commences on 3 January 2020.

Heavy Vehicle National Law - Multi-State Class 1 Load Carrying Vehicles Mass Exemption Notice 2016 Amendment Notice 2020 (No.1)
06/01/2020 - This Notice amends the Multi-State Class 1 Load Carrying Vehicles Mass Exemption Notice 2016 (LCV Dimension Exemption) by replacing the South Australia Schedule. This notice commences on 3 January 2020.

Heavy Vehicle National Law - Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice 2016 Amendment Notice 2020 (No.1)
06/01/2020 - This Notice amends the Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice 2016 (LCV Dimension Exemption) by replacing the South Australia Schedule with one that includes updated networks. This notice commences on 3 January 2020.

Heavy Vehicle National Law - Heavy Vehicle Stated Maps - Amendment Notice 2019 (No.19)
24/12/2019 – 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.19).

Queensland

Subordinate legislation as made
No 247 Proclamation—Transport Legislation (Road Safety and Other Matters) Amendment Act 2019 (commencing certain provisions)
13 December 2019 - fix 13 December 2019 for the commencement of chapter 3, part 2 of the Act.

Victoria

Statutory Rules
No 170 Heavy Vehicle National Law Application (Transport Legislation Amendment Act 2019) Transitional Regulations 2019 23 December 2019 - the objective of these Regulations is to provide for matters of a transitional nature arising as a result of amendments made by the Transport Legislation Amendment Act 2019 that transfer the functions and powers of the Roads Corporation to the Head, Transport for Victoria and the Secretary under the Heavy Vehicle National Law Application Act 2013 and the Heavy Vehicle National Law (Victoria). These Regulations come into operation on 1 January 2020.

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.