Risky BusinessEpisode 6HVNL Review with Aaron D. Rosario

Posted by Hubfleet

In this episode of the Risky Business podcast, hosts Craig Forsyth and Glyn Castanelli delve into the highly anticipated Heavy Vehicle National Law (HVNL) review, also known as HVNL2. They are joined by a special guest, Aaron D. Rosario, the Executive Leader of Regulatory Reform at the National Transport Commission (NTC).
Aaron provides invaluable insights into the six-year review process, addressing key concerns and outlining the potential impact of these changes on the transport industry.
Tune in to gain a deeper understanding of:

  • The reasoning behind penalty increases for high-risk offences and decreases for minor breaches
  • The critical addition of ‘unfit to drive’ alongside fatigue, expanding the scope to all heavy vehicles
  • The introduction of mandatory Safety Management Systems (SMS) for NHVAS accreditation
  • The move towards a more flexible and technology-driven approach to fatigue management through alternate compliance options
  • Updates to vehicle standards, including 20-metre single trailers and increased general mass limits
  • The progress and benefits of the HVAMS for streamlined heavy vehicle access

This episode offers a comprehensive breakdown of the HVNL2 reforms, empowering listeners with the knowledge to navigate the changing landscape of transport compliance. Listen to the full episode here:

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Prefer a quick read? Check out our summary article and FAQs below.

HVNL2: Preparing for a Safer and More Productive Future

The Australian transport industry is gearing up for significant changes with the upcoming implementation of the Heavy Vehicle National Law 2 (HVNL2). Following an extensive six-year review, these reforms mark a crucial step towards a safer, more efficient, and sustainable road freight environment. Here’s a closer look at what’s on the horizon:

Penalties: Targeting Deliberate Misconduct

HVNL2 introduces a revised penalty framework that more accurately reflects the severity of offences. Penalties for high-risk offences, such as falsifying records or engaging in deceptive conduct for competitive advantage, will see a substantial increase. This serves as a powerful deterrent, underlining the seriousness of these actions and their potential consequences. On the other hand, penalties for minor breaches, often stemming from unintentional errors in fatigue management or record-keeping, are being reduced. This balanced approach ensures a fairer system, holding those who deliberately flout the law accountable while acknowledging the human element in everyday operations.

Fit to Drive: Expanding the Scope of Responsibility

HVNL2 introduces a significant change by explicitly incorporating ‘unfit to drive’ alongside fatigue. This extends the existing requirement not to drive fatigued to encompass all heavy vehicles exceeding 4.5 tonnes, including buses with a capacity of more than 12 passengers. This broader definition reinforces the responsibility of drivers to carefully evaluate their fitness for duty, considering factors such as illness, medication, or any condition that could compromise their safe operation of a vehicle.
While this provision won’t be enforced through roadside checks, it emphasises the importance of transparent communication between drivers and their employers. Operators are encouraged to establish clear fit-for-duty policies and procedures, supported by regular medical assessments and accessible communication channels. By fostering a culture that prioritises driver well-being, the industry can move towards a safer working environment for all.

Safety Management Systems: Moving Towards Proactive Safety

HVNL2 makes Safety Management Systems (SMS) mandatory for businesses seeking NHVAS accreditation. This signals a shift towards proactive risk management, encouraging a systematic approach to safety across all facets of an operation. Although not yet mandatory for all heavy vehicle operators, the chain of responsibility NHVR provisions within existing health and safety legislation already highlight the importance of having a system in place to manage risks effectively.
The NHVR offers a wealth of resources and guidelines to assist businesses in developing their SMS, ensuring scalability for operations of all sizes. Embracing a risk-based approach to safety not only ensures compliance but also fosters a culture of continuous improvement, creating a win-win for businesses and the broader community.

NHVAS Accreditation: Embracing Flexibility and Technological Advancements

HVNL2 brings about changes to the NHVAS accreditation scheme, promoting a more flexible model capable of adapting to technological advancements. The traditional Basic Fatigue Management (BFM) and Advanced Fatigue Management (AFM) categories will be replaced with a broader ‘fatigue accreditation’ framework. This empowers the NHVR to develop a range of options catering to diverse operational needs, enabling businesses to choose the option that best aligns with their specific risk profile.
The legislation also lays the groundwork for integrating technologies such as fatigue detection systems. This forward-looking approach ensures that NHVR CoR regulations remain effective in mitigating fatigue-related risks as technology continues to evolve.

Vehicle Standards: Balancing Productivity with Safety

HVNL2 introduces changes to vehicle standards with the aim of enhancing productivity while upholding rigorous safety requirements. General access limits will be increased to 20 metres for single trailers and 4.6 metres in height, but this is subject to specific controls implemented by the NHVR. These controls aim to address safety concerns, such as sweep path and rollover risk. The increase in general mass limits (GML) to align with the current concessional mass limits (CML) is set to streamline operations for numerous operators.

Access: Towards a National, Streamlined System

HVNL2 supports the development of a national heavy vehicle access management scheme (HVAMS). Modelled on the successful system implemented in Tasmania, this system will provide operators with real-time access decisions for their vehicles and combinations, simplifying route planning and reducing the need for time-consuming permit applications. This harmonised approach promises to streamline operations and enhance productivity across the industry.

Embracing the Future of Transport Compliance

The HVNL2 reforms signify a significant step towards a safer, more productive and sustainable road freight industry. Operators who proactively adopt digital safety management systems, like Hubfleet, will be well-equipped to handle these changes and thrive in the evolving landscape of transport compliance.

Stay Ahead of Compliance Changes

The upcoming HVNL2 reforms mark a pivotal shift in transport compliance, and staying ahead of these changes is crucial for your business’s success and safety. By leveraging Hubfleet’s digital safety management system, you can simplify compliance processes, proactively manage risks, and ensure your operations are fully aligned with evolving regulations.

Ready to future-proof your compliance strategy? Sign up for a free trial today or contact our team to learn how Hubfleet can support your business through the HVNL2 transition and beyond.

Episode 6 FAQs: HVNL Review

The Heavy Vehicle National Law (HVNL) review aims to improve safety and productivity in the road freight industry. It involves updating the legislation to address emerging issues, technological advancements, and stakeholder concerns. Key objectives of the review include:

  • Enhanced Safety: Addressing driver fatigue, promoting fitness to drive, and encouraging the adoption of safety management systems (SMS).
  • Simplified Compliance: Streamlining regulations, providing clear guidance, and enabling greater flexibility through alternate compliance options.
  • Improved Access: Establishing a national access system, increasing general access limits for vehicle dimensions, and reducing bureaucratic barriers.
  • Support for Sustainability: Incorporating provisions to support the uptake of low-emission vehicles and promote environmentally sustainable practices.

Penalties are being adjusted to better reflect the severity of offences and deter high-risk behaviours. This involves:

  • Increases for High-Risk Offences: Penalties for deceptive conduct (e.g., falsifying records) and actions that significantly compromise safety are increasing. This aims to target those seeking unfair advantages and engaging in dangerous practices.
  • Decreases for Minor Breaches: Penalties for minor fatigue and record-keeping breaches, which are often inadvertent mistakes with limited safety impact, are decreasing. This acknowledges that honest errors occur and aims to create a fairer system.

The HVNL is introducing a specific duty for drivers to not drive if they are unfit. This clarifies the existing obligation under workplace health and safety laws.

  • Unfit on the Day: This relates to any condition affecting a driver’s ability to safely operate a vehicle on a particular day, regardless of their medical licensing status. Examples include severe migraines, illness, or medication side effects.
  • Duty of Care: Drivers have a responsibility to assess their fitness and refrain from driving if unfit. Businesses must support this by having clear policies and procedures, including provisions for drivers to report unfitness without fear of reprisal.

Under HVNL 2, SMS will be mandatory for businesses seeking accreditation under the National Heavy Vehicle Accreditation Scheme (NHVAS). This applies to various accreditation types, including the widely sought fatigue management accreditation.

  • Focus on Safety: This change emphasises proactive safety management and encourages a holistic approach to risk mitigation across all aspects of a business.
  • Scalable Systems: The NHVR will provide guidance and standards for developing SMS, ensuring they are adaptable to businesses of different sizes and complexities.

Under HVNL 2, heavy vehicles will have:

  • National Access System: A national heavy vehicle access management scheme (HVAMS), similar to Tasmania’s successful model, will be implemented. This will provide a streamlined and consistent approach to access permits and route planning, reducing bureaucratic delays and uncertainty.
  • Increased Dimension Limits: General access limits for vehicle length (20 meters) and height (4.6 meters) will be increased, subject to the NHVR confirming appropriate safety controls.

The GML will be raised to the current concessional mass limits (CML):

  • 17 Ton Tandem Axle Group: The maximum allowable weight for a tandem axle group will be 17 tons.
  • 21 Ton Tri-Axle Group: The maximum allowable weight for a tri-axle group will be 21 tons.

The HVNL review acknowledges the increasing role of technology in managing safety and compliance.

  • Alternate Compliance Options: The NHVR will have greater flexibility to develop alternate compliance options, which may include the use of technologies like fatigue detection systems. This allows for innovation and customised solutions.
  • Technology and Data Framework: The NTC is working on a framework to facilitate the adoption of new technologies without requiring constant legislative amendments. This will ensure the law can keep pace with technological advancements.

The NTC aims to finalise the HVNL 2 bill by February 2025. Following this, the bill will be presented to the Infrastructure and Transport Ministers’ Meeting for final approval. Upon receiving ministerial approval, the bill will be submitted to the Queensland Parliament for approval. Implementation timelines will depend on the legislative process and the NHVR’s readiness to administer the new provisions. It is anticipated that a transition period will be in place to allow businesses to adjust to the new requirements.

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