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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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1

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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2

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.


More information about road access can be found on the NHVR website at:

www.nhvr.gov.au/road-access
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3

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.


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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4

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.


More information about mass, dimension and loading can be found on the NHVR website at:

www.nhvr.gov.au/mdl


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5

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.


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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6

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.

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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.


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.


More information about vehicle standards and modifications can be found on the NHVR website at:

www.nhvr.gov.au/vehiclestandards


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7

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.


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.


More information about CoR can be found on the NHVR website at:

www.nhvr.gov.au/cor


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8

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

9

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.

10

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

11

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
http://www.nhvr.gov.au/http://www.nhvr.gov.au/


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