Australia’s largest road transport operators association, NatRoad, has responded to the Heavy Vehicle National Law (HVNL) Draft Regulatory Impact Statement (RIS) released for comment by the National Transport Commission on 28 February 2011.
NatRoad calls on all Australian governments to adhere to the spirit of the original COAG agreement to establish nationally consistent HVNL administered by an independent authority with the vision, ‘teeth’ and resources to tackle today’s problems as well as the problems that will undoubtedly arise in the future.
“The National Heavy Vehicle Regulator (NHVR) must do more than simply replace the role of state and territory heavy vehicle regulators. There are many important functions that will require increased resourcing such as chain of responsibility enforcement, information management, access management & facilitation, industry collaboration, education, national mapping, coordination of safety initiatives and service interfaces.” said NatRoad President Rob McIntosh.
“If the NHVR is to make a difference in reducing red tape and improving the operation of the industry, several hundred full time staff will be required, backed up by solid IT platforms and well-trained enforcement officers.”
“The establishment of national laws is just one step on the road to regulatory reform in the road transport sector. Ongoing work will be required to reduce complexity within the HVNL and to redress the inherent punitive approach that undervalues positive encouragement and overvalues harsh sanctions for inadvertent administrative errors.”
The NatRoad submission is generally supportive of the ‘high’ and ‘medium’ impact variations outlined in the RIS but also identifies a number of problems with key proposals, particularly those relating to decision-making frameworks, fatigue, higher mass limits and service agreements.
The NatRoad submission is supportive of the proposal to establish a new decision-making framework but recommends that the proposed assessment guidelines be binding and that the decisions of road managers and road authorities be open to external review.
While supportive of the proposal to revamp the current Advanced Fatigue Management (AFM) system, NatRoad recommends that the entire fatigue system be subject to review.
“There is a prevailing view amongst operators that the three tier fatigue system is too complex, costly and inflexible. If a driver feels drowsy they should be able to stop for a break without penalty. Major fines for minor administrative errors are jeopardising the livelihood of many drivers. A broad review is necessary to pave the way for a truly national fatigue regime under the HVNL.”
To improve consistency in decision making, compliance and enforcement, NatRoad has recommended that all service agreements entered into by the NHVR require ‘authorised officers’ (including police) to undertake specific training in the interpretation and application of the HVNL. The NHVR should also be empowered to review, and if necessary withdraw, any infringement issued by an authorised officer.
“Road transport is a borderless industry burdened by multiple layers of Commonwealth, State and Territory regulation and the establishment of HVNL administered by a NHVR is a sensible approach to reducing red tape and improving the productivity of an industry at the heart of the national economy. NatRoad has been a strong advocate of national regulation and will continue to support the establishment of a NHVR.”
For more information , your clients may contact :
Bernie Belacic PH: 02 6295 3000
Chief Executive Officer NATROAD E: bernie@natroad.com.au
