On 10 February 2014, the National Heavy Vehicle Regulator (NHVR) introduced the Heavy Vehicle National Law 2012 (HVNL) into the ACT, NSW, Queensland, South Australia, Tasmania and Victoria. One year on, it's a good time to reflect on the impact HVNL has had on safety outcomes in the transport industry.
The HVNL contains the concept of "chain of responsibility" (CoR), which in simple terms, recognises that the actions of all parties in the supply chain (including off-road parties) can affect the conduct of heavy vehicle drivers, and consequently, road safety. Liability in the CoR involves mass, dimension and loading requirements, speed compliance and also driver fatigue.
Although the concept of CoR is not new, its introduction into heavy vehicle regulation has resulted in greater transparency of each party's duties and has improved public safety and compliance on Australian roads.
A recent prosecution in NSW has highlighted how the various roles of all the parties in the CoR and their effect on road safety – are more closely scrutinised under the new laws. In this case, a transport operator and its director were convicted and fined $236,721 (exclusive of costs), for 235 breaches of heavy vehicle fatigue laws. This included offences relating to unlawful schedules for drivers transporting goods through NSW, SA and Victoria.
Further benefits introduced by the national scheme include the removal of the red tape and duplication caused by the overlap of previous state laws and the introduction of maximum penalties for all heavy vehicle offences.
If your business consigns, packs, loads, transports or receives goods, you will have duties under the HVNL. All parties in the CoR must comply and are subject to enforcement action when a breach occurs. By now, your business should have comprehensive systems and measures in place to ensure that your activities comply with the HVNL.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
