Australia: Inside track: Transport, Shipping & Logistics - In the media, in practice and courts, cases and legislation

Last Updated: 12 September 2019
Most Read Contributor in Australia, September 2019

In the media

Sadleirs takes Oracle to court over technology shortcomings
Logistics outfit says tech provider's claims about its solution's capabilities were misleading. It provides examples of 27 representations in the RFI criteria which were not supported or have not been able to be provided except with customisation, including functions such as journey management, load management, despatch management (05 September 2019). More...

Opinion: Reviewing heavy vehicle law
The NTC Issues Paper looks at the assumptions underpinning the existing law before and sets the framework for further issues papers to be released which are specific to particulars areas of the Chain of Responsibility. There are different principles which underpin government regulation (03 September 2019). More...

NHVR to trial new PBS Design Approval process
The National Heavy Vehicle Regulator is trialing a new process for Performance-Based Standards Design Approval applications submitted in the lead up to the next PBS Review Panel meeting (02 September 2019). More...

NatRoad says vehicle standards must meet driver needs
The National Road Transport Association provided the National Transport Commission with a comprehensive submission about heavy vehicle standards and safety which has emphasised that vehicle standards must reflect current market conditions, up-to-date safety measures and be accessible and transparent (02 September 2019). More...

NatRoad says tow truck law a burden on the transport industry
The National Road Transport Association says the New South Wales tow truck legislation is deficient, causing major problems for the road transport industry. When you add that burden to the operations of members who are not even part of the heavy vehicle recovery sector, the law must be seen as bizarre and inappropriate (02 September 2019). More...

We Need Space safety campaign launches in Brisbane
Queensland Road Safety Week has seen the launch of We Need Space, a new campaign from the National Heavy Vehicle Regulator advising light vehicle drivers how to better act on roads around trucks (30 August 2019). More...

Design rule demands added administrative layer for manufacturers
Two new tyre-related Australian Design Rules that threatened to reduce flexibility for tyres fitted to vehicles at the time of manufacture have been altered following industry consultation, Heavy Vehicle Industry Australia reports (29 August 2019). More...

NHVR outlines vision for streamlined access system
The National Heavy Vehicle Regulator (NHVR) says a modernised access system must shift the focus from individual vehicles to a standardised framework for permit assessments to reduce the burden on road managers and operator (28 August 2019). More...

NSW operator cops infringements for fleet defects
New South Wales' discernible heavy vehicle compliance presence has seen a Yass-based operator issued 10 infringement notices for permitting the use of defective heavy vehicles in its fleet, the state's police force reports (26 August 2019). More...

Newell Highway Corridor Strategy delivers investment roadmap
Freight efficiency, road safety and support for drought-affected areas will continue to improve across regional New South Wales thanks to the completion of the Newell Highway Corridor Strategy (22 August 2019). More...

Published – articles, papers, reports

AUSROADS guide to road safety part 5: Road safety for regional and remote areas
AGRS05-19 Edition: 2.0, 4 September 2019
Road trauma in regional and remote areas of Australia and New Zealand are a major road safety problem. Drivers and riders in regional and remote areas are at an unacceptably greater risk of road deaths and injuries than those living in major cities. More...

AUSROADS national view on regional and remote road safety
AP-R603-19, 4 September 2019
Road crash fatality rates continue to be unacceptably higher in regional and remote areas than major cities. This report provides a comprehensive investigation of the causes of road crashes in regional and remote Australia and gives strategic to identify the best approaches to eliminate harm on the road network in these areas. More...

In practice and courts

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

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...

CASA reminder: Modernising Australia's fatigue rules
We are implementing our response to the independent review of the fatigue rules and are now consulting with industry on the proposed CAO 48.1 Instrument 2019 – Modernising Australia's Fatigue Rules. There will be a staged transition to the new rules: High capacity regular public transport operators are required to transition to the new fatigue rules by 30 September 2019.

NTC Australian road rules 13th amendment package - Public Consultation Report
Issue Date 23 Aug 2019. Comments due 23 September 2019.
Australian Road Rules 13th Amendment Package - Public Consultation Report

NTC Issues Paper - Effective enforcement
Issue Date 6 Sep 2019. Comments due 13 September 2019
NTC Issues Paper - Effective enforcement

NTC Issues Paper - Assurance models
Issue Date 28 Aug 2019. Comments due 25 October 2019
NTC Issues Paper - Assurance models

NTC Consultation RIS - Developing technology-neutral road rules for driver distraction
Comments closed 04 September 2019
NTC Consultation RIS - Developing technology-neutral road rules for driver distraction

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...

AMSA: Proposed changes to Australian near coastal seafarer certificates
The consultation is open until 29 September 2019. The proposed new Marine Order 505 (Certificates of competency – national law) 2019 provides a standard for certificates of competency and qualifications for crew and masters of domestic commercial vessels. More...

Cases

Queensland Rail Limited v Eden & Ors; State of Queensland & Anor v Kalari Proprietary Limited & Ors [2019] QSC 212
The application for summary judgment dismissed
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – where a road accident caused damage to a State controlled road and a rail bridge owned by Queensland Rail – where the insurer refused to indemnify the respondents for the damage so was joined as third party in both proceedings – where the third party applied for summary judgment against the respondents on the basis that that the claim for indemnity under the policy is doomed to fail because of the operation of exclusions – whether the defendants have any real prospect of success on the third party claims – whether there is a need for a trial.
Explosives Act 1999, s 125; Heavy Vehicle National Law (Qld), s 89, s 223, s 228

Legislation

Gazetted 06 September 2019

Heavy Vehicle National Law - Queensland Class 2 Toowoomba Connection Road Authorisation Notice 2019 (No.1)
This Notice provides access to the Toowoomba Connection Road for eligible vehicles that have a Class 2 mass or dimension authorisation permit under the Heavy Vehicle National Law. This notice commences on 9 September 2019.

Heavy Vehicle National Law - Queensland Class 1 and Class 3 Toowoomba Connection Road Exemption Notice 2019 (No.1)
This Notice provides access to the Toowoomba Connection Road for eligible vehicles that have a Class 1 or Class 3 mass or dimension exemption permit under the Heavy Vehicle National Law.
This notice commences on 9 September 2019. Note: The commencement date of this Notice coincides with the re-alignment of the Warrego Highway after the opening of the Toowoomba Bypass.

Heavy vehicle National Law - Queensland Class 2 Performance Based Standards A-Double (Toowoomba to Port of Brisbane) Authorisation Notice 2019 (No.1)
The purpose of this Notice is to authorise Performance Based Standards A-doubles to access a special PBS network running from Toowoomba to Port of Brisbane up to a Gross Combination Mass of 85 tonnes.
This Notice commences on 9 September 2019.

Gazetted 30 August 2019

National Heavy Vehicle Standards (Dual Control WasteCollection Vehicles) Exemption Notice 2019 (No. 1)
The purpose of this notice is to exempt a heavy vehicle that is fitted with dual steering controls and used for waste or recycling collection, or street sweeping, from the requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation) specified in this notice.

Victorian Heavy Vehicle Standards (Agricultural Vehicles and Special Purpose Vehicles) Exemption Notice 2019 (No. 1)
The purpose of this notice is to exempt agricultural vehicles and special purpose vehicles that are heavy vehicles from compliance with the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation).

Queensland

Bills updated

Transport Legislation (Road Safety and Other Matters) Amendment Bill 2019
Introduced by: Hon M Bailey MP on 13/02/2019 Stage reached: Passed on 4/09/2019
An Act to amend the Heavy Vehicle National Law Act 2012, the State Penalties Enforcement Act 1999, the Traffic Regulation 1962, the Transport Infrastructure Act 1994, the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018, the Transport Operations (Marine Pollution) Act 1995, the Transport Operations (Road Use Management) Act 1995, the Transport Operations (Road Use Management—Dangerous Goods)Regulation 2018, the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 and the Transport Planning and Coordination Act 1994.

Subordinate legislation as made – Reminder
No 155 Environmental Protection Regulation 2019
This regulation commences on 1 September 2019.
Division 3 Obligations of waste handlers - Subdivision 1 Transportation within Queensland
79 Responsibilities of transporter.

Victoria

Bills

Dangerous Goods Amendment (Penalty Reform) Bill 2019
Date of second reading speech: 28 August 2019
The amendment brings the penalty in line with the equivalent provision of failing to comply with a direction given by an inspector under the Occupational Health and Safety Act 2004. The penalty increase recognises the significance of the offending and the potential adverse consequences where there is failure to comply with a direction of an inspector.

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.

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