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Page 1 of 20 Bus Industry Information Pack
www.nhvr.gov.au
National Heavy Vehicle Regulator
A guide to the HVNL for the bus industryInformation Pack
25 October 2013
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Contents
About the NHVR .................................................................................................................................... 4
One regulator, one rule book ............................................................................................................................... 4
Issues from the NHVRs Bus Industry Taskforce ................................................................................................... 5
1 Fatigue management ................................................................................................................ 7
2 Road access ............................................................................................................................... 9
3 Performance-Based Standards (PBS) ...................................................................................... 11
4 Mass, dimension and loading ................................................................................................. 13
5 National Heavy Vehicle Accreditation Scheme (NHVAS) ........................................................ 14
6 Vehicle standards and modifications ...................................................................................... 15
7 Chain of Responsibility (CoR) .................................................................................................. 17
8 Intelligent Access Program (IAP) ............................................................................................. 19
9 Registration, licensing, driver/operator accreditation ........................................................... 19
10 For more information ............................................................................................................. 19
11 Useful links .............................................................................................................................. 19
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About the NHVRBased in Brisbane, Queensland, the National Heavy Vehicle Regulator (NHVR) is Australias first
national, independent Regulator for all vehicles over 4.5 tonnes gross vehicle mass.
We currently manageNational Heavy Vehicle Accreditation Scheme accreditations andPerformance-
Based Standards Scheme design and vehicle approvals nationally.
Later in 2013, we will administer one set of laws for heavy vehicles under theHeavy Vehicle National
Law (HVNL), delivering a comprehensiverange of services under a consistent regulatory framework.
As the national regulator for the heavy vehicle road transport industry, we aim to achieve:
Efficiencya common set of laws for heavy vehicles for all states and territories.
Safetya national safety monitoring and reporting system dedicated to heavy vehicles.
Productivityability to provide quick responses to changing industry trends and needs.
Servicesa single point of contact for all heavy vehicle regulation in Australia.
Independencethe NHVR will be an independent, statutory body corporate established under the
HVNL.
Compliance and enforcementa unified strategy and approach.
Transparency and accountabilityreview for key decision making.
One regulator, one rule book
Later in 2013, the new Heavy Vehicle National Law (HVNL) will apply in Queensland, New South Wales,
Victoria, South Australia and Tasmania. The NHVR will administer the new national law and will take on
a comprehensive range of services currently delivered by those state and territory road transport
authorities.
Bus operators in those states will now deal with the NHVR for key heavy vehicle transport business
with government.
The new national law has been developed to align strongly with occupational health and safety laws
to reduce the regulatory burden on the bus industry.
For bus operators and drivers in the Australian Capital Territory and Northern Territory, its business
as usual with your local road transport authority, until the national law is in place later in 2013.
For bus operators and drivers in Western Australia, its business as usual with your state road
transport authority. Western Australia will not commence the new national law.
Once the HVNL commences the NHVR will administer the following services:
issuing of permits for heavy vehicle access
local productivity initiatives and national notices
compliance and enforcement
a new risk classification system for advanced fatigue management
vehicle inspection standards
administration of an updated national driver work diary
NHVAS approvals
PBS vehicle design and vehicle access approvals.
https://www.nhvr.gov.au/safety-accreditation-compliance/nat-heavy-vehicle-accreditation-schemehttps://www.nhvr.gov.au/road-access/performance-based-standardshttps://www.nhvr.gov.au/road-access/performance-based-standardshttps://www.nhvr.gov.au/law-policies/heavy-vehicle-national-law-hvnlhttps://www.nhvr.gov.au/law-policies/heavy-vehicle-national-law-hvnlhttps://www.nhvr.gov.au/about-us/what-we-dohttps://www.nhvr.gov.au/about-us/what-we-dohttps://www.nhvr.gov.au/law-policies/heavy-vehicle-national-law-hvnlhttps://www.nhvr.gov.au/law-policies/heavy-vehicle-national-law-hvnlhttps://www.nhvr.gov.au/road-access/performance-based-standardshttps://www.nhvr.gov.au/road-access/performance-based-standardshttps://www.nhvr.gov.au/safety-accreditation-compliance/nat-heavy-vehicle-accreditation-scheme -
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NHVR Bus Industry Taskforce
The NHVR Bus Industry Taskforce (BIT) was formed in 2011 to provide the NHVR with a forum for discussion
and consultation on regulatory issues affecting the bus industry. The following table outlines the issues
discussed and current status of NHVR responses at the most recent BIT meeting on 24 October 2013.
Issue (as at 24 October 2013) Status Response
NHVR will look to extend nationally the current
New South Wales and Victorian exemptions to
fatigue for buses used for emergencies and rail
replacement
NHVR agreed to look at the issue.
NHVR has finalised exemption notice framework.
NHVR has invited BIC to nominate representatives to work
with NHVR to develop these notices.
Work diary exemptions in place for buses in NSW
will remain in place as a local productivity variation
NHVR agreed to look at this issue.
NHVR has finalised exemption notice framework.
NHVR is drafting an exemption notice for BFM/AFM.
A new bus AFM template will be developed based
on the NSW bus application
NHVR agreed to look at this issue.
NHVR has invited BIC to nominate representatives to work
with the NHVR to develop the AFM template.
Working Group to commence in late December.
Rounding of rest breaksthat clarification be
provided on the regulation and recording
requirementsin recognition of the impact on the
delivery of timetabled passenger services.
NHVR has agreed to look at the issue.
NHVR has updated work diary instructions to provide clarity
on this issue.
NHVR will update website with revised information.
Counting time NHVR has agreed to look at this issue.
NHVRsposition is that there is no compelling case for
changes to counting rules at this time.
Duplication of OHS and HV fatigue laws NHVR has agreed to look at the issue.
NHVR has provided a comparison of HV fatigue law and
OHS law to BIC. Comparison shows that there is littleduplication.
NHVR will continue to liaise with Safe Work Australia to
ensure coordination of work.
The NHVR will engage an expert consultant in
November 2013 to undertake phase one of a PBS
review.
A review of current PBS standards will be undertaken to
determine applicability to buses, particularly controlled
access buses, buses up to 14.5m long and buses fitted with
steerable tag axles.
A review of applicability of current PBS access levels to bus
operations will be undertaken.
A report will be generated on the outcomes of the review
including recommendations regarding the development of
bus specific PBS standards and access levels.
Phase two of the review could see the NHVR
requesting the consultant to undertake possible
additional tasks.
Development of specific PBS performance standards for
buses, including up to 14.5m long buses fitted with
steerable tag axles, providing similar outcomes to current
PBS safety and infrastructure standards.
Development of bus specific PBS access levels aligned to
the bus specific PBS performance standards mentioned
above.
Vehicle mass and loading - that increases in bus
mass limits should be considered to reflect
changes in passenger requirements, even if it is
necessary for industry to pay an incremental price
to achieve the increase.
Additional mass limits have been raised and discussed at
various forums, in particular the LPI Reference Group on
numerous occasions.
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Issue (as at 24 October 2013) Status Response
All HVNL participating jurisdictions have been reviewing
and analysing the future application of the existing Victorian
exemption.
New South Wales has a similar higher mass limit exemption
for 2-axle buses which will continue to have effect when the
HVNL is enacted.
Queensland and South Australia are currently reviewing ahigher mass limit for buses and will advise accordingly via
their internal channels.
The NHVR will continue to work with jurisdictions and
industry to seek possible national uniformity.
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Fatigue management
Key concerns
Suitability of the fatigue management provisions in the HVNL for the passenger transport task given
their origin in regulating the freight and logistic industry.
Complexity of fatigue management provisions and the impact on drivers and operators.
Availability of flexibility in work and rest arrangements for complex tasks and public transport
obligations.
Regulation of community bus activities.
Definition of work including examples of marketing tasks and tending to passengers.
Whats changing?
The fundamental change is to Advanced Fatigue Management (AFM). A new risk trading methodology
is being used to assess the ability of the applicants fatigue management system to produce safe
schedules. This is known as the Risk Classification System (RCS).
RCS is a new approach for flexible work and rest arrangements. Based on fatigue science and research,the RCS allows operators to assess proposed work schedules for fatigue risk against seven fatigue
management principles. The RCS will mean less time and money spent on developing and gaining
approval for a proposed work schedule.
A new driver work diary is also being introduced to simplify the information recording requirements for
drivers.
Benefits
The changes provide greater flexibility for operatorspassenger and freight, as a result of the more
flexible approach to assessing fatigue management systems submitted for accreditation in AFM. It will
also mean reduced complexity for drivers and operators working across state borders.
The NHVR is already working with the bus industry to develop flexible fatigue management
arrangements tailored to the bus industrys needs, such as specific AFM templates for the bus industry.
Fatigue management requirements will be in alignment with national workplace, health and safety laws
and the NHVR will continue to liaise with Safe Work Australia to ensure this remains the case.
Work diaries
An updated national work diary will be available for purchase for $20 later in 2013, at the same outletswhere work diaries can be found now. Operators can continue to use the old work diary until six
months after the HVNL commences. After that transition period, you must use the updated work diary.
ACTheavy vehicle operators can purchase the national work diary in ACT for use in other states
and territories, but it is not required for travel within a 100km radius.
NTheavy vehicle operators can purchase the national work diary for use in other states and
territories, but it is not required until NT passes the relevant national fatigue laws.
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Whats not changing?
Standard, Standard (Bus) and Basic Fatigue Management (BFM) work and rest hours arrangements are
not changing as well as the majority of positive, general and extended liability provisions relating to
fatigue management. Current AFM participants wont have to re-apply for AFM when the new system is
introduced.
How the NHVR can help
The NHVR will provide educational materials relating to fatigue management obligations under the
legislation and industry-specific support for consideration of fatigue exemptions and AFM templates.
Dedicated NHVR staff are available to process AFM applications with advice from an expert panel.
For more information
More information about fatigue management can be found on the NHVR website at:
www.nhvr.gov.au/fatigue-management
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Road access
Key concerns
Retention of current networks, conditions and mass concessions
To ensure that the turnaround time for issuing a permit will not be affected
Levels of service are maintained and/or improved
Whats changing?
Introduction of the HVNL will change the way access permits are obtained. The NHVR will be a single
point of contact for permit applications and will liaise directly with road managers (state road
authorities and councils) to manage permit applications from start to finish, issuing permits or refusals.
Benefits
One point of contact. The NHVR will provide for better intelligence and transparency on reasons for rejection of access,
leading to better access strategies.
The NHVR will promote long-term improvements on access and will provide the ability to lobby for
increased access/route extensions (under notices).
The NHVR will provide better intelligence on bottlenecks and pinch points in networks.
It will be easier to identify differences between jurisdictions - leading to national harmonisation in
the longer term.
Nationally consistent guidelines for decision-making will mean all applications are assessed under
the same rules with clearly defined criteria.
Operationally, the NHVR will be responsible for issuing route access permits which will be streamlinedas the regulator acts as the conduit between the applicant, road manager, state and local authorities.
The permit application will be received with an attachment/s outlining the proposed route and the
appropriate application fees. Provided the application meets the criteria, the road manager will be
contacted for consent and the relevant permit will be issued. If additional information is required
before the permit can be finalised, the applicant will be advised accordingly.
Whats not changing?
Areas/networks to generally remain the same.
State, territory and local governments will continue to make route assessments and decisionsregarding access. Road managers may still set out certain conditions for the access permit or
require certain conditions for a mass or dimension authority.
Policies and access schemes to largely remain the same (varies across notices and permit schemes).
State and territory police and authorised officers will continue to enforce heavy vehicle offences
under the new national law. Legal and court processes will largely remain as they are.
The NHVR will not become a road owner. Road funding and maintenance responsibilities will
remain with state, territory and local governments.
For bus operator and driver accreditation arrangements, you should still deal with your state or
territory road transport authority.
For heavy vehicle registration, licensing and all matters related to the carriage of dangerous goods,
you should still deal with your state or territory government department. Western Australia will continue with its existing laws and arrangements. It is not commencing the
new national law.
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Local productivity initiatives (LPI)
The NHVR is responsible for issuing all new notices and permits. Existing notices, policies and
guidelines, like those for emergency and unplanned services, will be preserved and will transition to the
NHVR until they naturally expire; or
are deemed expired after three (3) years for a permit; or
are deemed expired after five (5) years for a notice; or
are replaced by national notices with common baseline conditions.
All other existing state and territory based arrangements such as individual or class permits, trials and
schemes will continue to have effect in their current form. The NHVR will continue working with states
and territories to produce more national notices (with common baseline conditions) throughout 2013-
14 and beyond. Bus operators will not have to reapply for permits or accreditations.
Journey Planner
The NHVR Journey Planner is an interactive online map service which will display approved routes foruse by heavy vehicles. The Journey Planner will be available when the national law commences and will
initially display approved routes for:
B-double
HML
PBS
road trains
some commodity routes
controlled/restricted access bus routes
The Journey Planner is designed to help plan a heavy vehicle journey and identify where an accesspermit application may need to be made. Journeys can be saved or printed out and attached to
applications for an access permit. The provision of consistent national digital maps is a significant
improvement over various existing digital maps that cover heavy vehicle routes limited to individual
jurisdictions.
The Journey Planner will continue to develop over time for heavy vehicles, however once it launches
bus operators may immediately find it useful to gain data relating to height or mass restrictions for
overpasses and bridges.
How the NHVR can help Apply to the NHVR to renew, amend and for new access permits and to pay the corresponding fees.
Apply to the NHVR to request route extensions (under notices).
Liaise directly with NHVR for reviews of decisions.
The NHVR will assist in lobbying for increased/improved access.
Contact the NHVR directly for information on status of permit applications.
NHVR will manage emergency/high priority permit requests with very short turnaround times.
NHVR will provide information for enquiries on networks, areas of operation.
For more information
More information about road access can be found on the NHVR website at:
www.nhvr.gov.au/road-access
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Performance-Based Standards (PBS)
Key concerns
Access to road networks
Turnaround times for design and vehicle approvals
Consistency of requirements
Whats changing?
When the HVNL is in place in the majority of states and territories, the NHVR will continue to deliver
PBS services through a one-stop-shop for PBS design, vehicle and route access approvals. PBS will
continue to be a key element of delivering a safer, more productive and sustainable transport industry.
At the moment, PBS designs and vehicles are approved by the NHVR on advice from thePBS Review
Panel.Road network access is negotiated separately by operators through state, territory and local road
authorities.
When the HVNL commences the NHVR will become the single point of contact when applying to thePBS scheme. We will issue all design and vehicle approvals based on advice from the PBS Review Panel.
We will also advise on and request road network access, where necessary, with the relevant road
manager(s). Where an access permit is requested an application and the applicable fee will be required.
Benefits
The PBS Scheme offers the heavy vehicle industry the potential to achieve higher productivity and
safety through innovative and optimised vehicle design.
PBS vehicles are designed to perform their tasks as productively, safely and as sustainably as possible,
and to operate on networks that are appropriate for their level of performance. The basic principle ofPBS is matching the right vehicles to the right roads. PBS vehicles are tested against 16 stringent safety
standards and four infrastructure standards to ensure they fit the existing road network and are safe.
The scheme has been in operation since October 2007.
There is no charge for applying to have a PBS vehicle approved by the NHVR. However, third party PBS
assessors and certifiers will charge for their services. Our website (www.nhvr.gov.au) containscontact
details for PBS assessors and certifiers.
The NHVRsdedicated PBS team are working on streamlining the PBS process to deliver improved
turnaround times with consistent application of standards and operating requirements.
The NHVR is working with the bus industry to get more efficient and innovative buses onto the road
network through the PBS scheme. A national system for vehicle assessment and access decisions for PBS vehicles will get the right
vehicles on the right roads sooner.
PBS vehicles that meet certain criteria will be able to operate under a national notice, once they
obtain final approval.
The NHVR will engage an expert consultant in November 2013 to undertake phase one of a PBS review
delivering the following tasks:
a review of current PBS standards to determine applicability to buses, particularly controlled access
buses, buses up to 14.5m long and buses fitted with steerable tag axles
a review of applicability of current PBS access levels to bus operations
generation of a report on the outcomes of the review including recommendations regarding thedevelopment of bus specific PBS standards and access levels.
https://www.nhvr.gov.au/road-access/performance-based-standards/pbs-review-panelhttps://www.nhvr.gov.au/road-access/performance-based-standards/pbs-review-panelhttps://www.nhvr.gov.au/road-access/performance-based-standards/pbs-useful-contactshttps://www.nhvr.gov.au/road-access/performance-based-standards/pbs-useful-contactshttps://www.nhvr.gov.au/road-access/performance-based-standards/pbs-useful-contactshttps://www.nhvr.gov.au/road-access/performance-based-standards/pbs-useful-contactshttps://www.nhvr.gov.au/road-access/performance-based-standards/pbs-review-panelhttps://www.nhvr.gov.au/road-access/performance-based-standards/pbs-review-panel -
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Phase two of the review could see the NHVR requesting the consultant to undertake the following
additional tasks:
development of specific PBS performance standards for buses, including up to 14.5m long buses
fitted with steerable tag axles, providing similar outcomes to current PBS safety and infrastructure
standards
development of bus specific PBS access levels aligned to the bus specific PBS performance
standards mentioned above.
Whats not changing?
Trucks and buses will continue to be tested against established safety and infrastructure standards to
ensure that they can stop, turn and travel safely.
How the NHVR can help
Previously administered by the National Transport Commission, the PBS Scheme has been administered
by the NHVR since 21 January 2013.
You can deal directly with the NHVR for PBS design and vehicle approvals and enquiries. Guidelines to
help you understand the PBS Scheme approval process are available on the NHVRswebsite
www.nhvr.gov.au.
Application forms can also be obtained from the NHVR website and submitted in writing by email, fax
and post.
Email: [email protected],
Fax: 07 3309 8760
Post: National Heavy Vehicle Regulator, PO Box 492, Fortitude Valley QLD 4006
PBS vision for the future
In consultation with state and territory governments the NHVR is working towards improvements to the
PBS Scheme, including:
Bus-specific performance standards
The NHVRs PBS team will be developing bus-specific performance standards to facilitate the
development of PBS bus concepts to improve safety and productivity in bus operations.
Streamlined access to PBS networks
The NHVR is working towards the implementation of a national notice for a PBS network to providePBS-approved vehicles with pre-approved access to a network of PBS routes.
Manufacturers self-certification
Manufacturers will be able to apply to become accredited to perform PBS certifications on their own
vehicles. This will remove the requirement and cost for manufacturers to employ a third party to certify
each vehicle.
For more informationMore information about PBS can be found on the NHVR website at: www.nhvr.gov.au/pbs
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Mass, dimension and loading
Key concerns
Consistency with mass and dimension limits across borders.
Whats changing?
Once the HVNL is in place in the majority of states and territories, the National Heavy Vehicle Regulator
will also have the Heavy Vehicle (Mass, Dimension & Loading) National Regulation in place. This will
seek to nationally align existing jurisdictional regulations and be a reference for access notices,
gazettes, permits and exemptions under a consistent regulatory framework.
A number of conditions (e.g. warning lights, signs, etc.) for Class 1 vehicles will be included in the
Regulations and not specifically on permits/notices. Operators need to be aware that compliance is still
required.
MDL will remain mostly consistent with the current arrangements however Australias freight task will
now be delivered under standardised regulations for mass, dimension and loading.
Benefits
The major benefit for industry will be that mass and dimension limits will be defined in the Regulations
and applied in a nationally consistent manner.
Additional mass limits have been raised and discussed at various forums, in particular the LPI
Reference Group on numerous occasions.
All HVNL participating jurisdictions have been reviewing and analysing the future application of the
existing Victorian exemption.
New South Wales has a similar higher mass limit exemption for 2-axle buses which will continue to
have effect when the HVNL is enacted.
Queensland and South Australia are currently reviewing a higher mass limit for buses and will adviseaccordingly via their internal channels.
The NHVR will continue to work with jurisdictions and industry to seek possible national uniformity.
Whats not changing?
The mass and dimension limits for General Mass Limits (GML), Concessional Mass Limits (CML) and
Higher Mass Limits (HML) will not change under HVNL. However, before operating under any mass
scheme or dimensional limits, it is strongly recommended that you check the relevant road and
transport authorities to ensure that you conform to potential minor variations from the HVNL.
For more information
More information about mass, dimension and loading can be found on the NHVR website at:
www.nhvr.gov.au/mdl
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National Heavy Vehicle Accreditation Scheme (NHVAS)
Whats changing?
NHVAS will operate under a single fee structure for access permits, NHVAS accreditation and the
national drivers work diary, making it easier to do business with us regardless of where youre
operating from. You can view these new fees on the NHVR website at www.nhvr.gov.au/fees.
Youll see some changes on the NHVAS forms to reflect the NHVRs responsibilities under the new
national law. Visit www.nhvr.gov.au/resources/forms for more information.
Whats not changing?
We are committed to improving the NHVAS application process, based on your feedback.
The NHVR will continue to be your single administrator and national point of contact for the NHVAS.
There are no changes to the entry requirements for NHVAS accreditation.
There will be no change to state based bus accreditation arrangements for bus operators.
How the NHVR can help
Our dedicated NHVR Accreditation Team is available to help with the development of applications and
answer questions about the status of applications. You can contact the NHVR through thecontact us
page and your enquiry will be forwarded to the relevant team member. You can also contact the team
through the NHVR Call Centre on 1300 MYNHVR. Standard 1300 call charges apply. Check with your
phone provider.
For more informationMore information about NHVAS can be found on the NHVR website at:
www.nhvr.gov.au/nhvas
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Vehicle standards and modifications
Key concerns
Processes for vehicle standards exemptions with the NHVR.
Processes for vehicle modifications with the NHVR.
Cross-border clearance of defect notices.
Application turn-around times.
Whats changing?
The NHVR is responsible for ensuring that heavy vehicles comply with vehicle standards, managing
exemptions from vehicle standards and for the approval of applications for the modification of heavy
vehicles. Once the HVNL is introduced in 2013:
heavy vehicles will operate under harmonised, national standards for heavy vehicle inspections
compliant vehicles will continue to operate as they are within the new vehicle standards which are
consistent with previous national standards
applications for exemptions and modifications outside the current VSB6 will be managed by the
NHVR
operators will be able to take advantage of mutual interstate recognition of inspections and defect
clearances, reducing vehicle downtime
there will be more scope to request a review of vehicle standards exemption permit decision-
making, as part of an open and accountable decision making process.
Benefits
Applicants for vehicle standards exemption permits will have their applications assessed by the NHVR in
a consistent manner against national standards.Once the HVNL is in place, there will be mutual recognition of vehicle standards. This means a
modification inspection conducted in a jurisdiction is recognised nationally. Defect inspections can be
completed and the defect removed in any jurisdiction.
The NHVRs Code of Practice for the Approval of Heavy Vehicle Modifications(the Code) is the approved
standard for making and approving modifications by the NHVR. This includes issue of certificates of
modification and modification plates and affixing them to heavy vehicles. The Code was previously
known as VSB6.
Approval of heavy vehicle modifications within VSB6 will continue to be conducted through Approved
Vehicle Examiners (AVE). Applications to modify heavy vehicles outside the Code will be assessed
against consistent requirements. Draft application forms for this are available on the NHVR website atwww.nhvr.gov.au/vehiclestandards.
Whats not changing?
The vehicle standards applicable to heavy vehicles will not change.
AVEs under the HVNL are the same persons appointed under current jurisdictional schemes. An AVE
will be able to perform the same functions for which they are currently approved.
Existing AVE schemes and services will continue to be delivered and managed by each respective
jurisdiction.
Heavy vehicle inspections related to registration and re-registration of heavy vehicles will remainthe responsibility of each jurisdiction.
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Heavy vehicle licensing and matters related to the carriage of dangerous goods will remain the
responsibility of jurisdictions.
State and territory police and authorised officers will continue to enforce heavy vehicle offences
under the HVNL, and legal and court processes will largely remain as they are.
How the NHVR can help
Once the HVNL is in place in the majority of states and territories, the NHVR will deliver a
comprehensive range of services under a consistent regulatory framework.
Applications for vehicle standards exemption permits and notices can be completed online at
www.nhvr.gov.au.
View a copy of the NHVRs Code of Practice for the Approval of Heavy Vehicle Modificationsat the
NHVRs website www.nhvr.gov.au .
Contact the NHVR Call Centre on 1300 MYNHVR for all heavy vehicle road transport enquiries.
Vehicle standards and modifications vision for the future
In consultation with industry, the NHVR is working towards developing a comprehensive vehicle
standards inspection regime, including:
an end-to-end application process for heavy vehicle modifications that will include the development
of a national AVE scheme for heavy vehicles
a heavy vehicle written-off register scheme to prevent the theft and re-birthing of heavy vehicles
ensuring that individual systems and components that are inspected by each jurisdiction are aligned
inspecting the same things to the same standards
review and introduction of national qualifications for personnel (industry and government)
undertaking heavy vehicle inspections
a national auditing regime that will monitor the quality of inspections and those conducting them.
a nationally consistent inspection period (annual/periodic/random)
examining and providing recommendations on national fees and charges for inspection services
provided by industry and government
working collaboratively with the heavy vehicle repair industry to develop standards for the certification
of repairers of heavy vehicles.
For more information
More information about vehicle standards and modifications can be found on the NHVR website at:
www.nhvr.gov.au/vehiclestandards
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Chain of Responsibility (CoR)
Key concerns
The suitability of Chain of Responsibility provisions in the HVNL for the passenger transport task
given their origin in regulating the freight and logistics industry.
Whats changing?
There are few changes to CoR requirements for the bus industry as the HVNL reflects the C&E Model
legislation currently in place in several jurisdictions.
The main change is to the admissibility of Industry Codes of Practice as part of a reasonable steps
defence. Under the HVNL, these Codes can be considered part of a persons reasonable steps defence
for all CoR offencesincluding fatigue management obligations. However, codes no longer form a
complete reasonable steps defence as they did under the C&E Model Legislation.
Drivers and operators have traditionally been the focus of road laws. However, breaches are often
caused by the actions of others. Under CoR, complying with transport law is a shared responsibility and
all parties involved in the passenger transport task are responsible for preventing breaches. This
approach recognises the effects of the actions, inactions and demands of off-the-road parties on
passenger transport.
From the commencement of the HVNL, uniform provisions for CoR will remove the minor variations
currently in place in different states and territories.
Anybodynot just the driverwho has influence over the transport task can be held responsible for
breaches of road laws and may be legally liable. CoR is similar to the legal concept of duty of care that
underpins Occupational Health & Safety (OH&S) law. This approach has long been used by the courts to
impose liability in negligence and damages claims.
All parties in the supply chaindispatcher, scheduler, manager, as well as the driver and operator,must take all reasonable steps to prevent breaches of the road transport mass, dimension, loading,
speed compliance and fatigue management laws.
Penalties and sanctions range from formal warnings to court imposed fines and penalties relating to the
commercial benefit derived from offences. Supervisory intervention orders and prohibition orders
banning individuals from the industry can be applied to persistent or systematic offenders.
Benefits
The aim of CoR is to make sure everyone in the supply chain shares equal responsibility for ensuring
breaches of road transport laws do not occur. Under CoR laws if you exercise (or have the capability ofexercising) control or influence over any transport task, you are part of the supply chain and therefore
have a responsibility to ensure road transport laws are complied with.
The law recognises that multiple parties may be responsible for offences committed by the drivers and
operators of heavy vehicles. A person may be a party in the supply chain in more than one way. For
example they may have duties as the employer, the operator and the consigner of goods. Legal liability
applies to all parties for their actions or inactions.
The potential for industry segments to register Industry Codes of Practice with the NHVR provides the
ability to develop a passenger transport industry specific solution to the legal obligations of the HVNL.
Industry Codes of Practice registered with the NHVR can be considered as part of a reasonable steps
defence in a CoR proceeding.
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Whats not changing?
Apart from the changes to treatment of a registered Industry Code of Practice in a CoR proceeding
there are no other substantial changes to the way CoR will work under the HVNL.
How the NHVR can help
The NHVR is publishing a guide for the development of Industry Codes of Practice, which sets out the
NHVRs expectations for the nature and composition of Industry Codes of Practice submitted for
registration.
For more information
More information about CoR can be found on the NHVR website at:
www.nhvr.gov.au/cor
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Intelligent Access Program (IAP)The Intelligent Access Program (IAP) is not a condition applying to buses. However, in Tasmania there is
a monitoring system based on IAP that manages the school bus contracts, fees and the distances
travelled which will continue to be in effect.
More information about IAP is available on the NHVR website at: www.nhvr.gov.au/iap and also at:
www.tca.gov.au/certified-services/certified-telematics-service-cts/tasmanian-school-bus-contract-management
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Registration, licensing, driver/operator accreditationHeavy vehicle registration, licensing and driver/operator accreditation processes are administered by
state and territory road authorities.
While the HVNL will align many state and territory heavy vehicle functions throughout Australia later in
2013, matters relating to the licensing of heavy vehicle drivers will remain unchanged and the
responsibility of state and territory jurisdictions.
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For more informationStay in touch with your local bus industry association as well be working closely with them to get the
latest information out to the industry and to hear your views on the new arrangements. To find out
whats happening at the Regulator subscribe to our newsletter On the Road. More information about
the how to do business with the NHVR is available on the NHVR website atwww.nhvr.gov.au
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Useful links FeesNHVR fees and current NHVAS fees schedule
www.nhvr.gov.au/fees
National driver work diary
www.nhvr.gov.au/workdiary
NHVAS forms
www.nhvr.gov.au/resources/forms
Access permits
www.nhvr.gov.au/accesspermits
HVNL penalties and infringements summary
www.nhvr.gov.au/law-policies/penalties
Local productivity initiatives
www.nhvr.gov.au/lpi
Newsletter subscription
www.nhvr.gov.au/subscribe
201311-0056
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