On this episode of Risky Business, sponsored by Hubfleet, we turned our attention from the road to the courtroom.
Over the past five years, transport law enforcement has shifted dramatically. Regulators are no longer targeting only drivers — they’re focusing on decision-makers: owners, schedulers, and executives.
Recent prosecutions under the Chain of Responsibility have carried multimillion-dollar penalties, including a $2.31 million fine after the Eastern Freeway crash — a stark reminder that compliance failures can cost lives and businesses .
Our guest, Belinda Hughes, Principal Lawyer at Hughes Law and former NHVR Director of Prosecutions, has seen both sides of the courtroom. Her insight: understanding the law is critical — but living it every day through your Safety Management System is what keeps you safe.
For those who don’t have time to listen to the full episode, here’s an overview below of what we covered:
Understanding Legal Risk in Transport
Transport is one of the most heavily scrutinised industries in Australia — and the courtroom is becoming as risky as the road. In the last five years, Chain of Responsibility enforcement has evolved from targeting drivers to pursuing the decision-makers who influence safety: schedulers, managers, and executives.
Fines now reach into the millions, directors are being personally prosecuted, and small operators are learning that intent isn’t a defence if their systems don’t match what the law expects.
Why Good Intent Isn’t Enough
Most operators don’t set out to break the law. Yet, many find themselves in trouble because their compliance systems don’t reflect reality.
Under the HVNL, regulators don’t just assess what you meant to do; they look for evidence of what you actually did. If you have a fatigue policy but can’t show rest breaks being monitored, or a maintenance procedure with no records to match, that’s a prosecution waiting to happen.
Belinda Hughes, Principal Lawyer at Hughes Law and former NHVR Director of Prosecutions, explains that the easiest case for a regulator to win is one where “the operator’s own documents become the evidence against them.”
The lesson: systems must live in daily practice. An unused manual is worse than no manual at all.
The Danger of “Shelf Systems”
A “shelf system” is a compliance binder that looks impressive but isn’t followed. These systems give false comfort while creating huge liability.
Every operator should regularly review whether their stated policies still match real operations. Ask yourself:
Do my drivers know what’s in the policy?
Can I prove they’ve been trained and acknowledged it?
Is there data showing we follow it?
Digital tools like Hubfleet remove this gap by linking policy to proof — storing acknowledgements, training records, and live fatigue, maintenance and mass data in one auditable platform.
Lessons from the Eastern Freeway Case
The Melbourne Eastern Freeway crash remains one of the most sobering reminders of how quickly things can go wrong. Poor scheduling, falsified diaries, and ignored fatigue breaches led to tragedy — and a $2.31 million fine.
The court didn’t just blame the driver; it examined the entire system and found systemic management failures. The real takeaway isn’t the penalty — it’s that a functioning SMS with clear fatigue controls, active monitoring, and leadership accountability could have prevented the event altogether.
That’s the new benchmark: compliance proven through evidence, not intention.
Building a Culture That Prevents Prosecution
Culture and communication are now as critical as paperwork. Regulators expect to see that drivers can raise fatigue, maintenance, or loading concerns without fear — and that management acts when they do.
This means scheduling, training, and supervision must be integrated and transparent. A good SMS doesn’t just record incidents; it gives everyone a role in preventing them.
Hubfleet supports this culture by connecting Fatigue Management, Maintenance, Mass, and training into one living record — evidence that compliance isn’t an afterthought.
From Reaction to Prevention
The industry is shifting from reactive prosecution to proactive prevention. Strong Safety Management Systems are now the standard for accreditation and due diligence. Executives are expected to know how their systems work, what the data shows, and what improvements are being made.
Proactive businesses are already auditing themselves, closing gaps, and using digital platforms to capture evidence before a regulator asks for it.
As Belinda Hughes said:
“Good systems protect drivers and businesses alike — they shouldn’t sit on a shelf; they should work for you every day.”
Belinda’s message is simple — intent isn’t enough anymore. You need living systems, recorded actions, and a culture that puts safety first.
Hubfleet makes that easier by turning compliance from paperwork into proof.
The episode closed with an update on the proposed Contractual Chain Order (MS2024/4) before the Fair Work Commission. If adopted, it would set 30-day maximum payment terms, mandatory rate reviews, and fair contract standards across the transport chain.
For operators, this could finally address one of the industry’s longest-standing risks — cash-flow pressure leading to unsafe work practices. The NRFA continues to call for confidential submissions of real-world contract evidence to support this reform.
Belinda Hughes’ Top 12 Legal Tips for Transport Operators
Former NHVR Director of Prosecutions and now defence lawyer Belinda Hughes shared these practical insights on how to stay compliant, stay safe — and stay out of court.
1. Don’t speak unless you have to
Anything you say can (and often will) be used against you. Provide only what’s required and seek legal advice first.
2. Get legal advice early
If you receive a notice or investigation request, call a lawyer immediately. Early help can stop a small issue becoming a prosecution.
3. Eliminate “shelf systems”
A policy you don’t follow is a liability. Regulators will use your own documents as evidence if practice doesn’t match paper.
4. Make your SMS real
Your Safety Management System should reflect how you actually operate — with live records, reviews, and follow-up actions.
5. Record what happens — every time
If you review fatigue, issue a corrective action, or check maintenance — write it down. Evidence protects you when things go wrong.
6. Fix scheduling and fatigue risks
Unrealistic deadlines drive most prosecutions. Build rosters and delivery expectations around safe, legal hours.
7. Build open communication
Encourage drivers to report fatigue, faults, and risks without fear. Transparency shows regulators you’re serious about safety.
8. Keep your system current
Review policies regularly so they match today’s work, routes, and customers — not last year’s.
9. Show genuine effort
You won’t be perfect — and the law knows that. What matters is that you identify risks, act on them, and keep improving.
10. Turn compliance into culture
Make safety and compliance part of everyday operations, not a separate chore. That’s how good operators stay out of court.
11. Test your system before the regulator does
Audit yourself. Check records, evidence trails, and corrective actions. Catch the issues before the inspector does.
12. Use digital tools to prove your story
Platforms like Hubfleet connect fatigue, maintenance, mass, and training data — turning compliance into verifiable evidence.
On this episode of Risky Business radio show, we explored crucial updates for heavy vehicle operators: the upcoming mandatory Safety Management Systems (SMS) under the Heavy Vehicle National Law (HVNL) for accredited operators and the current review of the Master Code of Practice.
We began by acknowledging the stark realities of our industry. Transport is inherently risky, as evidenced by the significant number of fatalities in crashes involving heavy trucks over the past year, with national road deaths for all vehicles exceeding 1,300, and the industry maintaining its position as the second most dangerous in Australia due to its high fatality rate.
These figures underscore the urgent need for robust strategies to manage risks, particularly concerning driver fatigue and fitness for duty, vehicle maintenance, mass management, loading and dimension management, speed compliance, employee training and safety. Our discussion focused on how these new SMS requirements and the updated Master Code aim to address these critical safety challenges.
For those who don’t have time to listen to the full episode, here’s an overview below of what we covered:
The Port Botany Saga: A Real-World Safety Challenge
To highlight the real impact of these reforms, we welcomed Kerryn Woods, a dangerous goods (DG) driver and board member of the National Road Freighters Association, to share his ongoing fight at Port Botany in Sydney. Kerryn painted a stark picture of how dangerous goods drivers are caught in an impossible situation.
The initial problem at Port Botany was congestion, which led authorities to impose a blanket “no parking” policy throughout the port. While seemingly a solution, this decision unfortunately pushed the problem onto the drivers. DG drivers now face a dangerous contradiction: fatigue laws demand rest, but the lack of safe, legal parking means they are forced to keep driving. Kerryn himself received a parking fine for $140 for exceeding one hour parked in a heavy vehicle, despite needing seven hours of rest and being legally required to stay with his placarded dangerous goods vehicle. This is a clear Chain of Responsibility (CoR) failure, where drivers are put in an untenable position.
Adding to the frustration is the existence of a Transport Marshalling Area near the port, built by the government, which could offer a solution. However, due to archaic red tape, a “no dangerous goods” clause in a 20-30 year-old development application, DG trucks are still banned from using it. Even the EPA sees no issue with DG trucks resting there, yet bureaucracy continues to override common sense. This situation tragically demonstrates a lack of respect and appreciation for heavy vehicle drivers from authorities and precinct managers.
As we discussed, if a proper safety management system had been in place for the Port Botany precinct, this glaring risk would have been identified and managed differently, preventing this ongoing crisis.
The Shift Towards Mandatory Safety Management Systems
Our conversation then moved to the upcoming changes under the HVNL Amendment Bill 2024. One of the biggest shifts is the removal of old singular focused, fatigue, maintenance and mass management systems, and the requirement for all accredited operators to have a Safety Management System (SMS) in place.
This is a significant change. It means moving from simply needing “some kind of management system” to a clear mandate: you must have an SMS that meets the Minister-approved standard to gain or keep accreditation. This standard covers five key areas:
Leadership and Commitment: Executives must show accountability and foster a positive safety culture.
Risk Management: Processes to identify hazards, assess risks, and implement controls.
People: Ensuring drivers are fit for duty, trained, competent, and supported, addressing issues like fatigue.
Monitoring and Improvement: Collecting data, investigating incidents, and taking corrective actions.
Safety Systems: Tying everything together, including emergency planning and ensuring all contractors and suppliers are compliant.
Crucially, the law will demand auditable, verifiable evidence that your SMS is operating effectively. Policy documents alone won’t suffice; you’ll need registers, records, reviews, and data to back it up.
Impact on Operators
This means different things for different operators:
Small operators will need to formalize informal processes, documenting and monitoring aspects like fatigue, maintenance, mass, and load restraint.
Medium operators (especially those already in NHVAS) must integrate their separate systems into one cohesive SMS.
Large operators will need their SMS to cover the entire supply chain, including contractors and subcontractors, ensuring compliance all the way up and down the line.
Executives face heightened accountability for their due diligence duties, requiring clear evidence of their actions.
The Master Code: Your How-To Guide
The Master Code of Practice, a registered industry code, is being reviewed to align with these new SMS standards. It’s not the law itself, but it’s a recognised way of demonstrating what “reasonably practicable” safety looks like. The updated Master Code will mirror SMS headings, provide practical examples, and reinforce Chain of Responsibility duties, essentially acting as a “how-to guide” to help you meet the minimum bar set by the SMS Standards.
Preparing for the Future
We outlined five key steps you can take today to prepare:
Document who is responsible for safety in your business, along with their authority and budget.
Review your risk management processes, ensuring you have a register of hazards, controls, and incidents.
Ensure all your training records are current; licenses alone won’t prove competence.
Develop and test an emergency management plan.
Integrate SMS requirements into your contracts with suppliers and subcontractors.
Ultimately, the responsibility for problems like those at Port Botany rests with the supply chain managers, the port, Transport for NSW, consignors, consignees, and executives, not the individual drivers. As we said on the show, it’s like a relay race where the organisers have blocked the track; the blame lies with them, not the runner. A compliant SMS would prevent such failures.
Hubfleet: Your Partner in Compliance
The message is clear: safety management is no longer a matter of chance; it’s becoming structured, auditable, and enforceable. The challenge for operators is to get their systems in order now.
This is where Hubfleet comes in. Our platform is designed to simplify compliance, offering one integrated solution to manage fatigue, maintenance, mass, safety, and training records, all the components that form the backbone of a robust Safety Management System. We’re building ahead of the curve, ensuring that when the law changes, our users are already compliant. Hubfleet keeps your critical information online, easy to use, and easy to prove to auditors.
Being compliant doesn’t have to be harder, in fact, with the right tools, it often saves money and keeps your business safe. If you want to learn more about how Hubfleet can help you navigate these changes, protect your drivers, and secure your business, please reach out to me directly at glyn@hubfleet.com.au, or give us a call on 02 7908 4053. I’d be glad to walk you through it.
As the Head of Industry Engagement and Customer Success at Hubfleet, I’m always looking for ways to share insights and best practices from the heavy vehicle transport sector. That’s why I’m incredibly proud of our podcast, Risky Business, which I co-host with Craig Forsyth on Big Rig Radio.
We were recently in Shepparton for the LRTAV conference, and it was a fantastic opportunity to record our latest episode, diving deep into the realities of compliance, safety, and survival in the transport industry.
For this special episode, we were fortunate to host two brilliant guests: Anthony Boyle, the Executive Director of the Australian Livestock and Rural Transport Association (ALRTA), and Adam Gibson, Transport Research Manager at NTI, a lead analyst at NTARC, and an NRSPP partner via MUARC. Our focus for the evening was squarely on safety and compliance in the livestock and rural transport sector.
For those who don’t have time to listen to the full episode, here’s an overview below of what we covered:
The Victorian High Productivity Livestock Vehicle (HPLV) Accreditation Scheme
Anthony provided an insightful overview of this groundbreaking scheme, which was purpose-built for livestock transport. It successfully navigates the complexities of the Performance-Based Standards (PBS) system, particularly concerning rollover stability and fragmentation.
The HPLV scheme allows for higher productivity vehicles like A-Doubles, B-Triples (up to 36.5m), and AB-Triples (up to 42m). We discussed the rigorous accreditation process, which requires specific vehicle specifications (including ADR 80/02 emissions compliance, engine power ≥ 410kW, and road-friendly suspension), ABS or load proportioning brakes, NHVAS Maintenance accreditation, and telematics systems like RIM or TMA. Crucially, it also mandates animal welfare compliance and near-miss reporting.
This scheme is a testament to what an association can achieve in driving real, positive change for its members. But as we discussed, these initiatives rely on operators being able to demonstrate compliance in a structured way whether that’s fatigue management, maintenance management, or mass management compliance. That’s where digital platforms like Hubfleet play a vital role, giving operators the ability to capture and produce the evidence needed for accreditation and audits.
National Reform Agenda
Anthony also highlighted ALRTA’s Gate to Plate white paper, a strategic document aimed at national reform in the industry. This vision includes a Six-Star Trucking Model covering safety, productivity, environment, driver welfare, and animal welfare, alongside calls for better biosecurity and truck wash infrastructure, resilient freight corridors, a rural driver academy, and a freight-focused policy lead.
It’s clear that true productivity encompasses much more than just operational efficiency; it fundamentally includes safety and improved working conditions for our drivers. Increasingly, reforms are pointing to the need for a structured, auditable safety management system. Whether it’s fatigue, maintenance, or incident reporting, “if it isn’t documented, it didn’t happen” and digital tools make that documentation simple and reliable.
The Workforce Crisis
We delved into the alarming statistics surrounding the transport workforce, with half of truck drivers aged 55 or older, and a significant 21% expected to retire by 2029. This underlines the urgent need for a national training and licensing pipeline.
We discussed the importance of recognising and valuing the unique skill sets of rural drivers, including the potential for micro-credentials and formalised on-the-job training, to make the industry more attractive to a new generation, including more women.
For new entrants, technology is part of the answer. Systems like Hubfleet reduce the mountains of paperwork and make compliance processes intuitive and user-friendly. That’s not only a time saver for existing operators it also makes the industry less intimidating for younger drivers stepping in.
Expert Insights on Rollovers and Hill Descents
Adam Gibson brought his wealth of data and research expertise to the conversation, particularly on Single Vehicle Untripped Rollovers (SVUROs), which accounted for 44% of serious livestock crashes in 2022. These aren’t just ‘accidents’; they’re often predictable events caused by cornering, load shift, and vehicle dynamics, affecting even experienced drivers.
Adam stressed the crucial role of electronic stability control (ESC) as part of smart braking packages. He also detailed his work on Hill Descent Safety, where most crashes occur before the hill, and dynamic livestock loads significantly increase rollover risk. His work, supported by NRSPP, is developing vital resources like toolbox talks to promote “slow and low” downhill strategies and highlighting the need for better data on steep descents across our road network.
Insights like these highlight why integrated safety management from vehicle technology through to driver fatigue monitoring and maintenance oversight is so important. The risks are real, and without structured systems, operators are left exposed.
Closing
It was a truly engaging discussion, emphasising that by focusing on better equipment, robust safety protocols, effective training, and national reform, we can work towards a safer, more productive, and more attractive transport industry for everyone.
As many of you know, my passion lies in supporting the heavy vehicle transport industry and that’s exactly what we aim to do with our Risky Business podcast, proudly sponsored by Hubfleet. In this latest episode, I was joined by my co-host Craig Forsyth, and we were fortunate to welcome Warren Clark, CEO of NATROAD, and Chris Roe, a seasoned owner-driver with 5 decades on the road. Their perspectives, one from the policy front line, the other from the driver’s seat, offered a compelling and honest look at what’s broken in transport, and how we can start to fix it.
We began with a sobering reality: in the 12 months to March 2025, 157 lives were lost in crashes involving heavy vehicles, contributing to a total of 1,329 road deaths across all vehicle types. With a fatality rate of 9.5 per 100,000 workers, transport remains the second most dangerous industry in Australia—just behind agriculture. These aren’t just figures, they’re a wake-up call. They’re a reminder of the daily risk our industry carries and the urgency with which we need reform.
For those who don’t have time to listen to the full episode, here’s an overview below of what we covered:
Minimum Standards
A core theme of our discussion was the complete lack of minimum standards for the transport industry in Australia, especially when compared to other countries with similar transport industries. This absence, as we explored, contributes to a “race to the bottom,” where work is awarded to the cheapest bidder, often without regard for safe, compliant operations. This can lead to operators cutting corners, resulting in delayed maintenance, sham contracting, and underpaid workers pushed to their breaking point – consequences that play out on our roads every day.
Minimum Standards Orders (MSOs) and Contract Chain Orders (CCOs)
The good news is that solutions are emerging through the “Closing the Loopholes Bill,” which has introduced the Fair Work Road Transport Advisory Group (RTAG). RTAG is a body that has the ability to set Minimum Standards Orders (MSOs) and Contract Chain Orders (CCOs). We explained that a contract, in Australian law, can even be a verbal agreement or a handshake deal, or simply accepting a load. MSOs are designed to set enforceable minimum standards for contractual arrangements, particularly for owner-drivers and small businesses, improving fairness and safety. CCOs are crucial as they ensure that all parties in the contractual chain, from large retailers to logistics providers, comply with these standards, holding everyone accountable.
This is where technology becomes a critical partner. Platforms like Hubfleet are designed to help operators navigate these new regulations seamlessly. Our system helps you meet the demands of MSOs and CCOs by providing a digital, verifiable record of compliance. For example, our Electronic Work Diary (EWD) not only ensures drivers stay within their work hours but also provides the detailed, accurate data needed for audits, turning a complex administrative burden into a simple, automated process.
Maximum 30 Days Payment Terms
These orders can cover vital aspects like payment terms (for example, the current Contract Chain Order 2024/4 aims for a maximum of 30-day payment terms, addressing the crippling issue of 90-day or even 120-day payment cycles that can financially ruin operators). They can also include safety requirements not already covered by other laws, and dispute resolution processes. What they can’t do, however, is duplicate or override existing comprehensive legislation such as work health and safety laws or heavy vehicle national laws.
Beyond legislated payment terms, one of the biggest silent killers of profitability is unpaid waiting time. We talked about how MSOs can cover dispute resolution, and this is where having irrefutable evidence is paramount. Hubfleet’s software leverages advanced GPS data and geofencing technology to provide that evidence. By setting up virtual boundaries (geofences) around depots, ports, and delivery points, Hubfleet automatically creates a digital, time-stamped record of when a vehicle enters and exits a location and even creates alerts when time in a given area exceeds a specified threshold. This automated process accurately documents every minute of waiting time, creating an indisputable log that can be used to support claims for compensation and help operators protect their bottom line from the crippling effects of ‘mobile storage’ and payment delays.
Fair Work Applications for MSOs and CCOs
A significant point we discussed was how applications for MSOs and CCOs can be made by various parties, including transport operators, contractors, industry associations like NATROAD (my guest Warren Clark’s organisation), unions, or any party affected by unfair terms. This process, while taking time (around 18 months), is a vital mechanism for change, potentially even paving the way for minimum operator conditions without waiting for lengthy HVNL reviews.
Collaboration Across Associations
We also highlighted the immense importance of collaboration across associations like NATROAD, NRFA and even with unions like the TWU, noting that despite past differences, there’s a strong appetite to work together for industry-wide change. The unity of industry voices, providing real-world stories and evidence, is paramount to getting legislative change enacted.
Chris Roe: Five Decades of Driving, and a Lifetime of Determination
To round out the episode, we welcomed back Chris Roe, an owner-driver with five decades on the road. Chris has always been a straight shooter, and his words carry the weight of someone who’s lived through every version of this industry, good, bad, and broken.
In this episode, we reflected on a powerful line he once shared with me:“
Old men plant trees whose shade they know they shall never sit under.”
Chris was quick to point out it wasn’t originally his phrase, he credits the Greek philosophers, but he’s certainly made it his own. For him, it’s not about legacy in the ego sense. It’s about leaving the industry better than he found it. “All we can do,” he said, “is get up every morning and keep batting.”
Showing Up, Sharing Your Story, and Supporting Change
Chris may never see the full benefit of the reforms he’s helped fight for, but that doesn’t stop him from showing up, sharing his story, and supporting change. He’s not looking for praise, he’s driven by a stubborn sense of determination, something he said he’s always carried, even back in his footy days when he might not have won Best and Fairest but always walked away with Most Determined.
Importance of Industry Collaboration
That kind of grit matters. It’s the kind of persistence that’s helped push long-overdue reforms like Minimum Standards Orders forward. It’s also the reason Chris continues to work alongside associations like NRFA, NATROAD, and even the TWU when it comes to shared goals. As he said on the show, “There are still strong differences, sure, but we’ve agreed on the things we can work together on. That’s an achievement that shouldn’t go unrecognised.”
He’s also keenly aware of the damage done when the industry turns on itself. We talked about how easy it is for critics to mock collaboration efforts between associations and unions “singing Kumbaya” as some put it, but Chris had no time for that. He knows that real reform only happens when people stop point-scoring and start pulling in the same direction.
Would You Go Back To Being an Owner-Driver?
In fact, he even turned the tables at one point and asked both me and Craig a pointed question: “Given the current state of the industry, would you go back to being an owner-driver?”
Both Glyn and Craig responded yes to the question, with Glyn adding a note of caution. While the passion for the job is still strong, Glyn reflected that returning to the role today would be a much more complex decision due to how much the operating environment has changed. He acknowledged that his previous model of owner-driving may not be viable under the current economic and regulatory conditions. The exchange highlighted both their continued love for the work, and the reality that today’s challenges would make it far harder to succeed than in years past.
Final Reflections
Chris’s reflections are a reminder that industry reform isn’t just about laws and contracts. It’s about people. It’s about the quiet resilience of someone who refuses to walk away bitter, who doesn’t want to be “that bloke in the background criticising the next generation.” It’s about planting trees. And trusting that, someday, someone will sit in their shade.
Ultimately, our goal, and the goal of these new orders, is to create a more sustainable, fair, and safe environment for every transport professional. It’s about ensuring that those at the top of the supply chain play an active role in supporting safe operations, and that corner-cutting due to financial pressure becomes a thing of the past. Hubfleet is your digital partner in this new era, providing the tools to manage fatigue compliance, track maintenance, and, most importantly, use automated geofences to document your wait times and ensure you get paid for every minute you work.
Thank you for tuning in to the “Risky Business” podcast. At Hubfleet we’re committed to bringing you the information you need to navigate our complex industry safely and compliantly.
Lets help lift industry standards, Sign up for a free 14 day trial to see how Hubfleet helps you manage compliance, track maintenance, and use GPS and geofencing to document your time to the minute.
In this crucial episode, we turned our attention to the literally explosive topic of dangerous goods (DG) transport. We spoke with Kerryn Woods, a DG compliance trainer and Driver, about the real risks, recent fines, and the essential systems and training you must have in place to ensure safety and compliance. It was an incredibly insightful show covering highly important parts of our industry. Our goal at Risky Business is to provide a comprehensive reality check on compliance, safety, and survival in the transport industry, because, as we always say, transport truly is a risky business.
For those who don’t have time to listen to the full 120-minute show, here’s an overview below of what we covered:
Episode 20: The Risky Business of Dangerous Goods: What You Don’t Know Can Hurt You
In the second half of Episode 20 of Risky Business, we turned to the critical area of dangerous goods transport, with Kerryn Woods, a seasoned Dangerous Goods compliance trainer and Driver. Kerryn emphasised that DG transport is a “high consequence” activity; if it goes wrong, it can go horribly wrong.
The Risks Are Real:
In the 12 months to March 2025, there were at least 19 reported DG vehicle incidents nationally, including rollovers, fires, and spills. The shocking truth is that most were not due to mechanical failure but compliance failures – wrong placarding, incompatible goods stored together, or untrained drivers. This isn’t just paperwork; it’s life or death.
Who Needs a DG License?
You need a DG license if you are carting more than 500 kilograms or 500 litres of marked dangerous goods. Karen clarified the crucial distinction between “bulk” goods, which require a license and vehicle placarding (e.g., a tanker load), and “packaged goods,” such as a pallet of aerosols or a few jerry cans on a ute, which do not necessarily require placarding unless they exceed the threshold in bulk form. While prime movers don’t need to be licensed for DG, the trailer does, and fuel terminals enforce strict vehicle compliance checks.
Incompatible Loads and Driver Responsibility:
DG drivers must undertake a mandatory 2-day training course that covers the federal Australian Dangerous Goods Act, administered by state agencies like the EPA in NSW or WorkSafe Victoria. Ignorance is not an excuse; drivers are expected to know the legislation and the correct equipment required. If unsure, they must ask for clarification.
DG Training and Renewal:
DG licenses typically require a refresher course every 2 years in most states (e.g., Victoria, Queensland), though NSW has a 5-year renewal cycle.
Application Scrutiny:
Becoming a DG driver involves rigorous scrutiny of your driving record, medical fitness, and criminal history. Past DUIs or assaults are viewed very dimly due to the high-consequence nature of the work.
Safe Load Program (SLP):
This is an industry-based accreditation system, primarily for gas and fuel, covering vehicle aspects not specifically under the DG Act. It ensures compliance for prime movers accessing terminals, including things like covered wiring and shielded exhausts.
Fines and Consequences:
Non-compliance leads to severe penalties. Examples cited included an $85,000 fine for flammable liquids without PPE or placards, a $4,000 fine for wrong signage (plus $400 for the driver), and a $31,000 fine for chlorine transport without placards or load documents. These cases underscore that authorities do not take non-compliance lightly.
Driving Restrictions:
Drivers of placarded DG loads are prohibited from using tunnels in major cities (e.g., Burnley Tunnel in Melbourne, M5 or airport tunnels in Sydney). They must follow alternative, often longer, routes, and relying solely on navigation apps like Google Maps can lead to costly errors.
Parking Challenges for DG Drivers:
Kerryn highlighted the significant issue of lack of suitable rest areas for DG drivers, particularly around Port Botany. Drivers often run out of hours while waiting to load/unload but have nowhere safe or legal to park. Terminals are classified as major hazard facilities, prohibiting sleeping inside. This forces drivers into unsafe alternatives, risking fines forwork diary violations or driving whilefatigued. There’s an ongoing effort to gain access to a designated truck marshalling area at Port Botany, currently restricted due to a 20-year-old development application.
Workshop Compliance & Tanker Cleaning:
Workshops must be certified to performmaintenance on placarded DG vehicles. Even “empty” tankers pose risks due to residual vapours, requiring signs to remain on. Tanker cleaning (“switch loading”) is complex due to compatibility requirements and environmental issues with wastewater disposal. Sydney and Melbourne have very few commercial tanker washes, leading to “captive barrels” (dedicated-use trailers) or longer empty runs for cleaning.
Career in DG Transport:
While perhaps not as prestigious as it once was, DG driving remains a highly specialised and rewarding part of the industry. It demands adherence to strict procedures, avoiding complacency, and a deep understanding of why things are done a certain way to mitigate risk.
This episode truly highlighted that knowledge and meticulous adherence to regulations are not just about avoiding fines, but about ensuring safety, financial stability, and maintaining the professionalism that defines our industry.
In this crucial episode of Risky Business, we welcomed Michael Gallagher from Tax for Truckies, a CPA and valued NRFA member benefit supplier, who helped us sharpen our tax strategies for the end of the financial year. We discussed vital deductions, audit-proofing methods, and clever superannuation strategies to minimise tax and maximise returns. Our goal at Risky Business is to provide a comprehensive reality check on compliance, safety, and survival in the transport industry, because, as we always say, transport truly is a risky business.
For those who don’t have time to listen to the full 120-minute show, here’s an overview below of what we covered:
Part 1: Sharpening Your Tax Strategy with Michael Gallagher.
Michael Gallagher, a CPA fromTax for Truckies, joined us to discuss end-of-financial-year tax strategies specifically for truckies. He underscored the importance of professional tax advice, emphasising that a good tax professional acts as a safety net and can help keep you “under the radar” from audits.
Key Deductions for Truck Drivers:
Meal and Travel Allowances: This is a major area of contention. While a “reasonable amount” is set, you can only claim what you actually incur. We delved into the ongoing Shaw v. Commissioner of Taxation case, where a driver successfully claimed a substantial amount ($32,000) which was below the reasonable allowance but was still audited. This case, currently in federal court, highlights that robust substantiation, even with bank statements, combined with evidence of travel (like a work diary) and employer corroboration, can support a claim. If Shaw wins, it could be a landmark outcome for drivers, potentially simplifying substantiation with a work diary and a dedicated bank account for transactions.
Using Hubfleet Electronic Work Diary to Verify Nights Away:
TheHubfleet Shift Summary Report makes tax time easier by providing a clear record of your shifts, including start and end times, locations, and durations. It’s especially useful for proving when you took your major break away from home, helping you claim travel allowances. Reports can be exported as PDF or Excel files, making it simple to share with your accountant and support your deductions with accurate, audit-ready data.
To avoid issues, Michael strongly recommends isolating personal groceries from business-related food expenses. This can be achieved by using a separate credit card or making separate purchases. Utilising apps like Hubdoc or similar photo-taking facilities for receipts can effectively audit-proof your claims by keeping digital records. While the ATO has a “My Deductions” app, it wasn’t recommended.
Other Notable Deductions:
We covered a wide range, including immediate write-offs for computers under $300 (for employees), or up to $20,000 per item for owner-drivers. Other deductible items include GPS, head wireless sets, work-related medical expenses, safety glasses,HubfleetElectronic Work Diary, sleeping bags, stationery, tax fees, telephone costs, tools, training, truck cleaning tools, torches, union fees, and USB chargers. Interestingly, “Truckin Life” magazine is tax deductible as professional development, helping you stay informed on industry news and regulations.
Travel to and From Work:
Generally, travel to and from work isn’t deductible unless you’re carrying heavy and bulky tools without a secure place to store them at work. If applicable, you can claim up to 5,000 kilometres without substantiation (at 88 cents per kilometre this year), or a percentage of all vehicle expenses using a 12-week logbook (with apps like Driver’s Note assisting).
Superannuation Contributions:
Michael highlighted this as a significant opportunity for tax savings, particularly for those aged 50-60. If your super balance is under $500,000, you can potentially contribute unused concessional caps from the past five rolling years, leading to substantial tax refunds. Even though contributions are taxed at 15% in super, the net benefit is considerable due to higher marginal tax rates. For younger drivers (30s-40s), setting up a self-managed super fund to invest in property was also mentioned as a possibility.
New Tax Rates 2024-2025:
Income between $45,000 and $135,000 is now taxed at approximately 32% (including Medicare levy), and between $135,000 and $190,000 at 39%. For those earning over $190,000, the rate is 47%, meaning nearly half your income goes to tax if you don’t manage it properly.
Why Truckies Overpay Tax:
A primary reason is the reluctance to engage a tax professional. Many fear audits or costs, but a good accountant provides a safety net. Common audit red flags include work-related expenses significantly higher than industry benchmarks, often detected by AI programs.
End-of-Financial-Year Tip:
Michael advised against rushing to lodge tax returns on July 1st. Key information like bank interest, dividends, and health insurance reports may not be finalised until mid-July. Employers have until July 15th to finalise group certificates (now called Single Touch Payroll reconciliations) with the ATO.
Risky Business Episode 19 features expert insights from Dr Kim Hassall and explores why lifting heavy vehicle compliance and safety standards is critical for long-term business sustainability. A key focus is the Driver Supervisor Assessment Program and the urgent need to verify driver competency in line with Chain of Responsibility obligations. If you don’t have time to catch the full episode, this summary below covers the key takeaways.
The Driver Supervisor Assessment Program: Bridging the Competency Gap
The prevailing notion that a driver’s license alone signifies readiness for the road is a significant misconception within the industry. While a license indicates basic proficiency, it often does not prepare drivers for complex, high-pressure scenarios like dense traffic, night driving, or handling heavy loads. To bridge this vital gap, the Driver Supervisor Assessment Program was developed by the Chartered Institute of Logistics and Transport Australia (CILTA), supported by extensive crash data from over 33,000 vehicles.
Post Licencing Assessment
This program is designed as a post-licensing assessment, functioning as a formalised buddy system. It specifically aims to identify and address weaknesses in a driver’s skills after they have obtained their heavy vehicle license, or for those upgrading to higher vehicle configurations. The program focuses on verification of competency, rather than being a training package.
How the Verification Process Works:
Qualified Driver Supervisors: The assessment is conducted by experienced driver supervisors. To become a supervisor, they must complete a 10-module microcredential training, which can be done in a day. This microcredential acts as a refresher, revisiting elements of safe driving, roadcraft, and general knowledge, such as hazards, roundabouts, reversing, and overtaking. It aligns with the national microcredentials framework.
45-Element Assessment: The supervisor performs a 45-element assessment during a “run” with the driver. This assessment can be tailored by the company, varying the route, time of day, and road types to test the driver in different environments.
Diagnostic Reporting: The assessment generates an electronic report. This report is not a pass/fail system; instead, it serves as a diagnostic tool. It uses a C+ rating to indicate proficiency and highlights specific areas where a driver is “requiring more work”. This allows businesses to pinpoint and address skill gaps.
Focus on Specific Vehicle Types: The program recognises that every heavy vehicle configuration behaves differently. Therefore, it includes specific assessments for higher combinations like B-doubles, triples, and quads (referred to as MC1 and MC2). For instance, it can assess a new driver’s ability to reverse multi-combinations or handle A and B trailers, areas often lacking in initial licensing.
Benefits of Robust Competency Verification:
Significant Crash Risk Reduction: The program has shown significant potential for a 15% crash risk reduction after just 16 hours of supervision. Even a 4-hour assessment can yield around a 5% benefit.
Substantial Cost Savings: Financially, this can translate into millions of dollars in annual savings from avoided crashes for a typical thousand-truck fleet. For example, 16 hours of supervision could lead to average savings of AUD 11-12,000 per truck from major crashes, and approximately AUD 2.6 million in claims for a thousand-truck fleet, potentially influencing insurance premiums.
Demonstrating Due Diligence: The electronically downloadable assessment report can be kept on the driver’s personnel file, providing documented evidence of a company’s commitment to driver safety and continuous professional development. This is invaluable in demonstrating that a business has gone the “extra yard” to ensure safety, particularly if an incident occurs. It ensures that “not knowing” about a driver’s weakness is no longer a valid defence.
Accessibility and Affordability: The program is designed to be accessible and affordable for small and medium businesses. It avoids the need for a costly Cert IV accredited trainer, instead utilising a microcredentialled supervisor. The microcredential training for a supervisor costs approximately AUD 300, and ongoing supervision costs are manageable, ranging from an internal driver’s hourly rate (e.g., AUD 37.50) to about AUD 100 per hour for an external supervisor.
Accelerated Licensing Pathway: This program is also seen as a potential pathway for accelerated heavy vehicle licensing.
Continuous Improvement: It fosters a culture of continuous professional development (CPD) within a business, allowing for targeted improvement based on identified skill gaps.
The Imperative of “Fit for Duty” and Chain of Responsibility
The importance of verifying competency is underscored by recent shifts in regulatory accountability, particularly concerning “fit for duty” obligations under the Heavy Vehicle National Law (HVNL). High-profile cases, such as the Hunter Valley bus crash involving Link Bus Lines, have highlighted that merely having policies in place is insufficient; businesses are now being held accountable for the active implementation and enforcement of those policies, particularly concerning “fit for duty” obligations.
The HVNL mandates that all parties in the Chain of Responsibility (CoR) minimise safety risks, including those arising from drug or alcohol impairment, as far as is reasonably practicable. Executive officers must exercise due diligence to ensure robust systems are in place.
From Trust to Proof: What the Law Now Expects of Operators
The Link Bus Lines case specifically illustrates that failing to implement and enforce proper systems for managing drug and alcohol impairment risks is a direct breach of duty. Potential penalties are severe, reaching up to AUD 1.7 million per breach.
This signifies a departure from the “trust your drivers” mentality. “Not knowing” about an impairment risk is no longer a defence; it’s considered an admission of failure.
Effective fit-for-duty management now requires:
A robust, documented random drug and alcohol testing policy that is consistently enforced.
Thorough verification of driver history, including reasons for leaving previous employers.
A practical fit-for-duty checklist that drivers and supervisors genuinely follow.
Comprehensive training and documentation demonstrating proactive risk management.
Strengthening Due Diligence Through Verified Driver Competency
While the driver supervisor program directly addresses driving competency rather than substance impairment, it aligns with the broader principle of due diligence. By actively verifying and documenting a driver’s operational skills and addressing any weaknesses, businesses further demonstrate their commitment to safety and their “fit for duty” obligations, complementing other essential systems for drug, alcohol, and fatigue management.
Leveraging Hubfleet for Compliance and Cost Savings:
Hubfleet helps operators streamline compliance, transforming regulatory obligations into tangible cash and time savings. Hubfleet’s digital platform integrates all compliance aspects – fatigue, mass, safety, and vehicle maintenance – into one mobile app, eliminating manual paperwork and fragmented systems. Drivers can complete Electronic Work Diaries (EWDs) and pre-start checks directly from their cabs, while operators gain real-time oversight and generate reports from the office. This not only ensures audit readiness but also significantly reduces administrative burden and costs, allowing businesses to focus on moving freight and generating revenue.
If you’re in the Australian transport industry, you know that transport is a risky business, and fatigue is one of the riskiest parts of all. As we’ve discussed on Big Rig Radio, tragically, 157 lives were lost in crashes involving heavy vehicles in the 12 months to March 2025, with fatigue remaining a major contributing factor, especially in long-distance and overnight freight. But fatigue isn’t just about falling asleep; it’s about reduced reaction times, poor decision-making, and that dangerous pressure to push through “just one more hour”. This pressure, unfortunately, can often stem from the top, where operators may feel compelled to stretch legal driving hours, skip breaks, or neglect their health, sometimes due to not being paid fairly for their time, leading to potentially fatal outcomes.
That’s why our latest Risky Business on Big Rig Radio episode dives deep into Advanced Fatigue Management (AFM). This performance-based accreditation under the NHVR is designed for businesses that need flexibility beyond standard or Basic Fatigue Management (BFM) hours. AFM isn’t about “flogging” drivers or dodging rules, but rather about demonstrating that you can manage fatigue risks to an equivalent, or even better, level of safety. It’s about designing a fatigue risk system that genuinely works for your business, proving that safety and productivity can indeed go hand in hand.
In this episode and our summary below, we pull back the curtain on the reality of fatigue management in 2025, exploring what AFM is, how it works, and how smart operators are using it to run safe, flexible, and compliant businesses. You’ll learn how AFM can offer extended shift lengths, greater operational efficiency, and even a better lifestyle for drivers – potentially guaranteeing more time at home or increasing earning potential. We also cover how to apply for AFM, what makes a good work and rest schedule, and why this isn’t about dodging the rules, but about doing the right thing, better. If you’re ready to move beyond the one-size-fits-all model of basic fatigue, this is for you.
Advanced Fatigue Management: Optimising Safety and Productivity in Transport
As someone deeply involved in heavy vehicle compliance and the operational realities of the Australian transport industry, I often encounter questions about how businesses can achieve greater flexibility while upholding the highest safety standards. One of the most effective frameworks for this is Advanced Fatigue Management (AFM).
Fatigue is a pervasive and dangerous risk in our industry. It’s not merely about the risk of falling asleep at the wheel; it significantly reduces reaction times, impairs decision-making, and can compel drivers to push beyond safe limits, often due to operational pressures. Tragically, fatigue remains a major contributing factor in heavy vehicle crashes, particularly in long-haul and overnight freight. This highlights the critical need for robust, proactive fatigue management strategies.
AFM is a performance-based accreditation designed for transport businesses that require more operational flexibility than standard or Basic Fatigue Management (BFM) models. It’s about demonstrating a sophisticated approach to managing fatigue risks, backed by a strong safety culture, effective data management, and comprehensive systems.
Key Benefits of Implementing AFM
Embracing AFM can yield significant advantages for both your business and your drivers:
Extended Operational Flexibility: AFM permits longer shift lengths for urgent or irregular freight tasks, offering a level of flexibility not available under standard hours or BFM. This can lead to more efficient long-haul and overnight operations, potentially reducing the need for frequent handovers and vehicle swaps.
Enhanced Driver Lifestyle: A well-structured AFM system can lead to longer periods of rest at home for drivers, such as guaranteed four or five days off. This significantly improves their quality of life, even if it means working longer shifts during their rostered days.
Increased Earning Potential: Greater flexibility allows drivers to complete tasks that might extend beyond standard hours, potentially increasing their earning capacity.
Improved Rest Patterns: Many AFM rule sets actually reduce the maximum continuous driving hours before a break, often from 6 hours down to 5 or even 4, integrating more frequent rest breaks (e.g., a 15-minute break at least every 4 hours and 15 minutes).
Proactive Risk Management: AFM mandates comprehensive policies, procedures, and systems, fostering a truly proactive approach to managing fatigue across your operations.
Navigating the AFM Application Process
Applying for AFM accreditation involves a clear, structured approach:
Understand Your Business Needs: Begin by assessing if your current operations consistently push the limits of BFM or standard hours. Determine if you have the internal capacity to monitor, train, and audit the fatigue controls you plan to implement. AFM is a “reward for effort,” so a commitment to robust management is essential.
Build Your Safety Case: The NHVR requires a written safety case for all AFM applications. This crucial document must articulate your operational context, describe your proposed AFM hours, and detail how fatigue-related risks will be identified and managed. Explaining your approach in plain English, demonstrating how safety principles will be met, is key.
Engage the NHVR Early: It is highly advisable to contact the NHVR early in the process. Applications are submitted via the NHVR portal, which has become more user-friendly with helpful templates. Be prepared for potential requests to revise schedules or improve controls during the assessment period.
Key Accreditation Requirements: Standards and Principles
To gain AFM approval, operators must demonstrate compliance with 10 AFM Standards and align with seven AFM Safety Principles, all supported by evidence of a functioning fatigue risk management system.
The 10 AFM Standards provide a framework for your operations:
Scheduling and Rostering: Consider driver history, recovery sleep, and forecast schedules proactively.
Readiness for Duty: Implement self-assessments, drug and alcohol policies, and supervisor checks, encouraging drivers to report fatigue without fear.
Fatigue Knowledge and Awareness: Mandate formal, role-based, and ongoing refresher training on fatigue.
Responsibilities: Clearly assign duties to each staff role, ensuring understanding through training and regular refreshers.
Internal Review: Conduct annual system reviews with audit plans and track corrective actions.
Records and Documentation: Store records for three years, ideally using digital systems for version control and accessibility.
Health: Include health assessments and sleep disorder screening. Policies should encourage health checks without negative financial consequences for drivers.
Workplace Conditions: Ensure conditions support proper rest, including comfortable cabins, effective air conditioning, and access to clean rest areas or alternative accommodation.
Management Practices: Implement robust monitoring systems, clear communication, and a consistently followed disciplinary framework.
Operating Limits: Ensure AFM schedules remain within approved hours and legal limits, with schedules accessible to all relevant staff.
The 7 AFM Safety Principles are biological benchmarks guiding work and rest design:
Minimise continuous wakefulness.
Increase rest break frequency.
Provide real sleep opportunities, potentially by offering accommodation outside the truck.
Prioritise sleep during night hours.
Avoid early morning end-of-shift times.
Limit the number and duration of long shifts (e.g., exceeding 14 hours is typically restricted to a few times a week, not on consecutive days).
Build in proper recovery through 30-plus hour resets, which include two 6-hour rest periods between 12:00 a.m. and 6:00 a.m. on consecutive days, based on the driver’s base time zone.
While AFM provides flexibility, it operates within strict “outer limits” for escalated risk contraventions, such as a maximum of 15.5 hours work in a 24-hour period and 154 hours in 14 days. These limits ensure that even with increased flexibility, constant excessive driving is prevented.
The Indispensable Role of Technology
Electronic Work Diaries (EWDs) like Hubfleet are incredibly valuable for AFM. They simplify the complex task of tracking hours, making it easier to comply with intricate AFM rule sets and provide evidence for audits. While EWD providers need to customise rule sets for specific AFM applications, the investment is worthwhile for managing intricate hours and avoiding the difficulties associated with paper logbooks. EWDs also allow for more flexible break tracking, such as 20-minute breaks, which are harder to account for with paper logs.
Addressing Misconceptions
It’s a common misconception that AFM simply allows unlimited driving or encourages “flogging” drivers. In reality, AFM is highly tailored to a company’s specific operational needs. It’s about enabling greater flexibility and achieving better outcomes for both the business and its drivers, often by making work-rest patterns more efficient and driver-friendly. For example, it might allow a driver to complete a 15-hour return leg to reach a proper resting place instead of stopping on the roadside.
The industry is working towards broader AFM adoption. Historically, some businesses with AFM viewed it as a competitive advantage and were reluctant to share information, which hindered overall progress. There’s a strong desire for more readily available, “off-the-shelf” AFM policy templates to simplify the application process for others. Additionally, continuous improvement is needed in health policies to encourage drivers to undergo necessary medical checks, like sleep disorder screenings, without the fear of losing their income or licence.
In essence, AFM transforms fatigue management from a rigid set of rules into a sophisticated, performance-based system. It’s like upgrading from a fixed-gear bicycle, where you’re limited to one speed regardless of the terrain, to a multi-speed mountain bike. While the mountain bike requires more skill and understanding of its gears and conditions (the AFM standards and principles), it offers the flexibility to navigate diverse terrains efficiently and safely, ultimately getting you further and more comfortably than the fixed-gear bike. This adaptability, when properly managed, allows businesses to optimise their operations and ensure driver well-being simultaneously.
In this episode, I shared key industry updates from the Brisbane Truck Show and the TWU National Council, where it’s clear the conversation around compliance is gaining momentum—and Hubfleet is actively contributing to that shift.
At the Truck Show, it was encouraging to meet so many current Hubfleet users. A common theme was the ongoing use of paper-based systems by many operators. Hubfleet simplifies compliance by integrating EWD, fault reporting, maintenance, and fatigue management into one easy-to-use platform.
We also covered major reform efforts, including Contract Chain Order 2024—which pushes for 30-day payment terms and fairer contract conditions—and the Haines application targeting unpaid waiting time and better conditions for drivers. These reforms are vital, and Hubfleet is proud to support operators navigating a safer, more sustainable path forward.
This episode was a whirlwind, as I’d been travelling quite a bit, including a stop at the Transport Workers Union National Council meeting in Brisbane. We talked about how serious these meetings get, bringing together senior people from branches nationwide to discuss crucial industry matters. It’s a risky business out there, and staying on top of things is key!
We also spent a good chunk of time discussing our experiences at the recent Brisbane Truck Show. For Hubfleet, it was a five-day event, starting with National Bulk Tanker Day, where James and I attended as guests of Paul from V-DAQ. It was fantastic to see how seriously the bulk tanker DG space takes compliance now, much more so than in the early days when it was mainly customer-driven.
Hubfleet at the Brisbane Truck Show 2025
It was James’s second truck show, and the change in conversation was remarkable. This time, instead of just inquiries from keen drivers, we had many existing Hubfleet users – both drivers and companies – coming by to say hello and catch up. It’s a testament to how Hubfleet naturally infiltrates from the bottom up, with drivers finding it easy to use and then recommending it to their mates and companies. As someone who’s used many electronic work diaries, I can tell you Hubfleet is the simplest and easiest to use.
Despite being mostly at our stand on the plaza level, not getting around much, the show was a huge success for us in terms of sales and inquiries. It really highlighted how many people are still using cumbersome multiple book systems for their compliance – driver logs, fault reports, maintenance schedules – which is a lot of work. It’s conversations like these that reinforce the value of a single, integrated system that does everything for you.
Proactive Engagement with Regulatory Changes
We also touched on the critical developments around Heavy Vehicle National Law (HVNL). Aaron D’Rosario from the ATA conference is keen to come back on the show to discuss its progression. We’re seeing things like Safety Management System standards becoming a requirement for accredited operators, and new standards for extra length, height, and weight. It’s vital for operators to understand these changes so they can become compliant proactively.
A major part of my recent travels has been about ensuring our industry has a foot in the door when it comes to legislative changes. We discussed the importance of associations like the NRFA (where I’m President and Craig is Vice President) in lobbying and influencing these discussions, rather than just passively receiving new regulations. It’s about having a seat at the table and direct contact with those still behind the wheel, as well as drawing on our own years of experience.
Maximum 30-Day Payment Terms
Specifically, I was involved in an industry panel at the TWU National Council, discussing the Contract Chain Order 2024/4. This is a huge one, aiming to introduce maximum 30-day payment terms for the whole industry, remove unfair contract provisions (like impossible productivity dividends), and mandate an annual cost review mechanism for contracts. This order will be enforceable right up the contract chain, crucial for ensuring businesses have the necessary cash flow.
Variation to the Long Distance Drivers Award
Another significant discussion point was the Haines application for varying the long-distance drivers award. This opens the door to looking at the entire award and potentially addressing crucial issues like paid waiting time and detention. Capturing this unpaid time is a high priority for the NRFA, as it impacts not just drivers but entire businesses and contributes to inefficiencies and even risks in compliance.
Driver Professionalisation
Finally, we talked about the exciting progress on the truck driver apprenticeship. Paul from Industry Skills Australia has highlighted how the role of a driver has evolved, comparing it to the professionalisation of nurses. The structure for this apprenticeship is now in place, and industry bodies are working to bring all interested parties together for a combined effort to get it running, including two streams for new entrants and career changers, potentially linking with accelerated heavy vehicle licensing pathways.
There’s a lot happening, and it’s all incredibly intertwined, but we have the potential to force a real correction in our industry for the better.
Thank you for reading, and remember, Hubfleet is proud to support what we do here at Risky Business, and we value their commitment to the industry.
This episode of Risky Business dives into major developments shaping the transport industry, including licensing reforms, proposed MC2 licensing pathways, and the ongoing push for skill-based driver progression. It explores how recent political shifts may impact minimum standards and structured training. The main focus is Chain of Responsibility (CoR), examining its legal foundation under the HVNL, the safety impacts of commercial pressure, and the urgent need for a cultural shift where accountability aligns with influence, not just job titles.
Article 1: Catching Up on Risky Business: Episode 16Industry Insights and COR Have We Got It Upside Down?
Highlights from the Week
My co-host Craig and I recently caught up after being in different parts of the country – I was in Winter Valley, experiencing some “arctic style temperatures”, while Craig was down in Tasmania, or the “Apple Isle” as he calls it. It was a busy time for both of us, attending industry events and getting across the latest developments.
We kicked off the episode by sharing a bit about what we’ve been up to. Craig was in Tasmania for various reasons, including attending a road safety week opening in Launceston and heading to Burnie to get the boat home. He mentioned the weather in Tasmania was nice initially, then got cold. He was grateful for Michelle and TTA for arranging his trip there.
ATA Trucking Australia Conference
One of the main points of discussion was the ATA conference in Adelaide that we both attended. This conference was a significant event for the transport industry. We touched on several key takeaways, including the South Australian Transport Minister, Tom Koutsantonis’, push to reform how overseas drivers are licensed for multi-combination (MC) vehicles in Australia.
Under the new SA rules introduced in February, overseas heavy vehicle experience (except from New Zealand) no longer counts towards getting an MC license. Drivers now need to hold an Australian HR or HC license for at least 12 months or complete a rigorous supervised training program. This reform followed industry advocacy and the tragic death of veteran driver Slim Mugridge, with the goal of ensuring anyone behind the wheel of a multi-combination vehicle is properly trained for Australia’s unique conditions. Minister Koutsantonis hopes other states will follow South Australia’s lead.
ATA Calls For MC Licence Split and Skills Based Progression
Mark Parry, the ATA chair, also spoke at the conference and proposed scrapping the time-based licensing model in favour of skill-based progression. He also flagged a new class of license, MC2, for combinations over 37 meters. While the idea of splitting MC into multiple classes isn’t new (work was previously done to split it into three, but it didn’t make it into the license review), this proposal suggests that anyone who has held the current MC license for six months would automatically get an MC2. We also discussed the importance of driver medicals and fitness to drive, noting that while there’s good work being done, some believe medicals should be a prerequisite for more licenses than just the MC.
Election Outcome – Steady Ship for Transport Reform
The recent election was another hot topic. While some on social media seemed to think the “sky was falling down”, from an industry perspective, the Labour government’s win offers a runway to continue implementing minimum industry standards, particularly through the dedicated transport division within Fair Work. This is a significant positive for our industry, as it means we don’t have to start over on crucial reforms like minimum industry standards and training pathways. The work on structured training pathways, including a proper apprenticeship model, is already underway, actively involving industry.
Chain of Responsibility – Looking further Up the Chain
The main focus of the episode, however, was Chain of Responsibility (COR). We dove deep into how commercial pressures often disguised as standard business practices are driving systemic safety risks in transport. While operators are heavily scrutinised for their COR obligations, we noted that prosecutions rarely go further up the chain. The legal foundation of COR under the Heavy Vehicle National Law (HVNL) places a duty on all COR partners to ensure safety, and it’s unlawful to ask, direct, or contract a party to breach safety obligations. This applies to parties with influence like consignors, consignees, packers, loaders, operators, and Fleet managers.
The Master Code
We discussed how the Master Code, an approved industry code under the HVNL, provides practical guidance for meeting these obligations. It emphasises responsibility determined by the capacity to influence risk, not just job title. We unpacked COR responsibilities across several key areas:
Fatigue Risk: All parties must manage fatigue risks. Schedulers must avoid creating plans that encourage breaches, and consignors/consignees should ensure freight is available to reduce waiting time. Customers imposing strict delivery windows need to assess the impact on drivers’ compliance.
Mass and Dimension: Freight must be packed, loaded, and restrained to ensure legal limits are not breached. Loaders, packers, and consignors must provide accurate weight information and avoid overloading. Customers insisting on fully loaded trailers may inadvertently cause overloads.
Speed Management: Practices should not result in unsafe speed behaviors. Realistic drive times must be allowed, and contracts cannot have incentives or penalties for early/late deliveries.
Vehicle Standards and Maintenance: Operators need documented maintenance schedules. This is a shared responsibility. Customers’ delivery deadlines should not prevent required maintenance.
Integrated Risk Management
We stressed the need for a cultural shift towards integrated risk management, with transparency, mutual respect, and accountability. Upstream parties must stop outsourcing risk and own their part of the safety chain. We discussed the power of the primary contractor and how commercial conditions that prevent safe operation indicate a failure of COR.
Digital Document Management
Tools like Hubfleet play a crucial role in demonstrating compliance by managing documented services, pre-start inspections, and fault reporting. Our EWDs provide visibility of driver hours and fatigue trends, helping operators meet their obligations. However, technology alone can’t fix the unsafe commercial expectations coming from further up the chain. We need a greater enforcement focus on these commercial influences.
Responsibility Aligned to Influence
Overall, COR is more than just compliance; it’s about responsibility aligned to influence. The industry needs to keep pushing for safe contracting frameworks and a culture where real accountability starts from the top down.
Take the Guesswork Out of Chain of Responsibility
Hubfleet helps transport operators clearly demonstrate compliance with Chain of Responsibility (CoR) obligations. From fatigue and maintenance records to mass, training, and driver fitness, Hubfleet gives you the tools to show your CoR partners that risks are being identified, managed, and monitored. With real-time visibility and automated record-keeping, you can strengthen your safety culture, reduce liability, and build trust across the supply chain.
