Risky Business Radio Show, Permits and Regulations

Posted by Hubfleet

Welcome to another deep dive into the world of compliance and transport with the Risky Business Radio Show, proudly brought to you by Hubfleet! In Episode 11, hosts Craig and Glyn (Head of Industry Engagement and Customer Success here at Hubfleet) broadcast from Evans Head and tackle the ever-complex topic of permits and regulations in the heavy vehicle industry.
This episode features guests Darren, who shares his expertise on permits, and Chris Roe, who discusses “reasonable excuse” under the heavy vehicle national law.
Whether you’re an owner-operator, a driver, or part of a larger fleet, this episode is packed with practical advice and real-world examples to help you navigate the regulatory landscape.
What You’ll Learn:

  • The bewildering world of permits and gazettes: Darren and the hosts discuss the sheer volume of notices and permits out there and share tips for staying on top of it all.
  • “Reasonable excuse”: Chris Roe recounts a personal experience of how he avoided a hefty fine by providing a “reasonable excuse” to an understanding enforcement officer.
  • The importance of carrying permits: Despite what some guidelines might suggest, the hosts argue that carrying permits and relevant documentation is a safe and smart operational practice.
  • Western Australian regulations: Guest Yogi provides insights into the unique regulatory landscape of Western Australia, where accreditation is a prerequisite for obtaining permits.
Listen to the full episode on
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Prefer a quick read? Check out our summary article and FAQs below

Compliance in the heavy vehicle industry can feel like trying to solve a Rubik’s Cube blindfolded. With a constant stream of regulations, permits, and notices, it’s easy to feel overwhelmed. But fear not! This guide breaks down the essentials, ensuring you stay on the right side of the law while keeping your business running smoothly.

Why Compliance Matters

Let’s face it: mass compliance isn’t the most thrilling topic. However, it’s crucial for protecting your livelihood, your team, and the public. The Australian transport industry is the second most dangerous in the country, with a high rate of fatalities. Compliance isn’t just about avoiding fines; it’s about ensuring everyone makes it home safely.

Understanding Permits and Notices

The world of permits and notices is vast and varied. Here’s what you need to know:

  • Permits: These authorise you to operate vehicles or carry loads that exceed standard dimensions or weight limits.
  • Gazettes and Notices: These are official publications that outline specific rules, exemptions, or conditions related to heavy vehicle operations.

Key Considerations for Permits:

  • Carry your permits: While some may argue that digital access is sufficient, having physical copies of your permits is a good operational practice.
  • Sunset clauses: Be aware that many gazettes and notices have expiry dates, often around February.
  • State-specific rules: Regulations vary between states. A permit valid in New South Wales might not be recognised in Queensland or Victoria.
  • General Access Vehicles: Even general access vehicles (rigid trucks, semi-trailers under 19 metres) might need permits if carrying over-dimensional loads.

“Reasonable Excuse”: A Get-Out-of-Jail Card?

The Heavy Vehicle National Law often includes the phrase “unless the person has a reasonable excuse”. But what exactly constitutes a “reasonable excuse”?
A “reasonable excuse” isn’t a free pass to ignore regulations. It’s about demonstrating that you took reasonable steps to comply but were prevented from doing so due to circumstances beyond your control.

Load Restraint and Documentation

  • Load restraint guidelines: Implement and adhere to load restraint guidelines.
  • Documentation: Maintain accurate records of your vehicle’s dimensions, weight, and load.

Western Australia: A Different Approach

Western Australia has its own unique regulatory system. Here are some key differences:

  • Accreditation: In WA, accreditation is mandatory for obtaining permits.
  • Restricted Access Vehicles (RAVs): Vehicles operating under permits are classified as RAVs and are restricted to specific routes.
  • WorkSafe involvement: WorkSafe WA takes a strong role in investigating fatigue-related incidents.

Practical Tips for Staying Compliant

  • Stay informed: Regularly check the NHVR website and relevant state transport authorities for updates on regulations, permits, and notices.
  • Consult experts: Don’t hesitate to seek advice from compliance specialists or industry associations.
  • Implement a system: Develop a system for managing permits, scheduling maintenance, and tracking driver hours.
  • Train your team: Ensure all drivers and staff are properly trained on relevant regulations and procedures.
  • Embrace technology: Use tools like the Hubfleet Safety Management System to streamline compliance tasks and improve communication.

By taking a proactive approach to compliance, you can protect your business, ensure the safety of your team, and contribute to a safer transport industry for everyone.

Take Control of Compliance

Staying on top of heavy vehicle permits and compliance doesn’t have to be overwhelming. With the right tools and knowledge, you can keep your fleet running smoothly while avoiding fines and operational setbacks.
At Hubfleet, we’re committed to making compliance easier for transport operators. Our Safety Management System helps you streamline permit tracking, monitor compliance, and ensure your team stays informed.
Ready to simplify compliance? Sign up for a free trial today or get in touch with our friendly team, and experience how Hubfleet can help you manage regulations with ease.

Episode 11 FAQs: Heavy Vehicle Compliance and Permits

Compliance in the transport industry is crucial due to the high risks involved. Statistics show a significant number of road deaths involving heavy vehicles, making transport one of Australia’s most dangerous industries. Compliance isn’t just about adhering to rules; it’s about ensuring the safety of drivers, other road users, and the overall public, while also protecting businesses from potential penalties and liabilities. It involves proper training, understanding regulations, and implementing safety management systems.

The heavy vehicle national law often includes a clause allowing for non-compliance if a “reasonable excuse” exists. A reasonable excuse is a valid justification for a violation based on unforeseen circumstances or genuine mistakes, not deliberate actions or negligence. For example, if a driver unknowingly exceeds weight limits due to circumstances beyond their control, and they can demonstrate they took reasonable steps to prevent the overload, they might be given an official warning instead of a penalty. However, repeating the same mistake would likely not qualify as a reasonable excuse. Enforcement of “reasonable excuse” can vary between different jurisdictions.

When seeking heavy vehicle permits, especially for oversized or overweight loads, it’s important to be aware of the sheer volume of permits, gazettes, and data available. Applying for a specific permit for a known need is relatively straightforward. However, understanding the various notices and regulations can be complex. It’s crucial to ensure you have the correct permit for the specific dimensions, route, and commodity being transported. Many gazettes have sunset clauses, meaning they expire and need updating, often around January or February each year.

While the NHVR may state that physically carrying permits isn’t mandatory, it’s generally advisable to do so. The regulations require you to be aware of the permit’s conditions and able to access it. While digital access is acceptable, having a physical copy ensures access even in areas with poor mobile service. Additionally, some officers, particularly in certain states, may still request to see the physical permit during an interception.

Gazettes and notices outline specific exemptions and conditions under which heavy vehicles can operate outside standard regulations. They cover various aspects, such as increased height allowances (e.g., 4.6 metres for hay transport), width tolerances, and drought-related exemptions. These notices often have expiration dates, so it’s essential to regularly check for updates and ensure you’re operating under the current notice.

In Western Australia, accreditation is mandatory for operating vehicles that exceed standard dimensions or mass limits. Accreditation grants access to permits, ensuring operators meet minimum safety and compliance standards. WA’s system is considered more stringent than the eastern states, with annual audits and a focus on work cover involvement in fatigue-related incidents. Obtaining a permit in WA usually costs around $400 per year. Permits are still required in the eastern states, but are not as stringent, and do not always require accreditation to receive them.

Operators often encounter challenges with inconsistent regulations between states, complex permit applications, and restrictive road manager decisions. The large number of road managers (local councils) and their varying policies can lead to permit rejections and delays. Some road managers are accused of obstructing industry by unnecessarily holding up permits. There is hope that the implementation of HVMS (Heavy Vehicle Access Management System) might improve some of these inefficiencies.

Some practical advice for heavy vehicle operators to help manage compliance and permits include:

  • Prioritise compliance to ensure safety and avoid penalties.
  • Stay informed about current regulations and permit requirements.
  • Consider carrying physical copies of permits for easy access and verification.
  • Seek professional advice or training if unsure about compliance obligations.
  • Maintain thorough documentation, including load restraints and maintenance records.
  • Actively engage with industry associations and regulatory bodies to advocate for improvements in compliance processes.

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