Heavy Vehicle Regulation

On 10 February 2014, the Heavy Vehicle National Law, covering all heavy vehicles over 4.5 tonnes, commenced in Queensland, New South Wales, Victoria, Tasmania, South Australia and the Australian Capital Territory (ACT). The law covers matters relating to vehicle standards, mass dimensions and loadings, fatigue management, the Intelligent Access Program, heavy vehicle accreditation and on-road enforcement. The ACT has partially implemented the legislation and will proclaim remaining elements of the legislation at a later date. Western Australia and the Northern Territory are not participating in the national reform at this time.

The law is administered by the Brisbane-based National Heavy Vehicle Regulator. The Regulator, in conjunction with the National Transport Commission, continues to progress national heavy vehicle reforms through its forward work program.

Review of Oversize and Overmass (OSOM) Vehicle Arrangements—first recommendations identified for implementation

On 6 April 2019 the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, the Hon Michael McCormack MP announced state and territory transport Ministers agreed for 12 of the recommendations from the OSOM Review to be implemented.

These 12 recommendations have been prioritised for short-term implementation, with the agreed implementation approach and status listed in the following table.

Concurrently, the Department of Infrastructure, Regional Development and Cities (the Department) is consulting with industry in order to understand which recommendations should be considered next for implementation.

If you would like to put forward your view on this, please send an email to osomreview@infrastructure.gov.au by Friday 17 May 2019. All submissions and comments will be kept in-confidence by the Department.

Rec No.Lead agencyRecommendationAgreed approachAs at 18 April 2019
1 Commonwealth Transport and Infrastructure Council (Council) agree that improving safe and timely OSOM access is a national priority, and agree to urgently implement measures to facilitate safe and productive access. The Department of Infrastructure, Regional Development and Cities (the Department) to update Transport and Infrastructure Council priorities to include OSOM access. In progress
2 Commonwealth Council agree to direct the Department to work collaboratively with relevant partners to prepare a program of implementation and ongoing monitoring. The Department to develop Transport and Infrastructure Council reporting framework. Ongoing
5 NHVR The National Heavy Vehicle Regulator (NHVR) introduce a new communication policy that allows for transport operators to speak to case managers, or equivalent, to clarify questions and progress their application. NHVR to develop revised access permit communication policy. In progress
9 Queensland Council agree to consistent permit durations for period permit to 12 months. States to make system/process changes to allow 12 month period permit. In progress
10 NHVR Council agree NHVR deliver the National Class 1 Agricultural Vehicle and Combination Notice with three zones throughout each jurisdiction, within six months. Heavy Vehicle National Law (HVNL) jurisdictions and local governments to deliver Class 1 Notice with 5 zones nationally. In progress
Scheduled for release on 30 April 2019
13 NHVR The Approved Guidelines for Granting Access is fully reinstated with the guiding principles a key feature in access decisions. NHVR to develop revised Access Guidelines (as appropriate). In progress
22 NHVR
NSW
All permits have an automatic empty return trip attached as a condition of permit, which do not require a new assessment. NHVR and relevant jurisdictions implement system change to allow applicant to register return trip (separate permit assessment not required). In progress
NHVR Completed
27 NHVR This Review recommends NHVR maintains a feature list for improvements to the NHVR Portal and prioritises and implements features in a timely manner. This review recommends the feature list include the following:
  1. Introducing business rules on the application page to capture mistakes or out of range values.
  2. Preload information capability, including:
    1. Vehicle configurations and details.
    2. Previously applied for permits with routes and configurations.
    3. Transport operator details.
    4. Reference previous applications with similar routes or configurations.
    5. Link permits—including project specific movement with multiple movements of the same type or route.
  3. Flexibility to:
    1. Make minor changes or amendments to the application without rejection resubmitting a new application.
List multiple prime movers or trailers on permits to allow flexibility.
NHVR to action. In progress
32 NHVR Council agree a project team be set up within NHVR to investigate possible technology solutions for the better management of movement data. NHVR to action—within 3 months. Completed March 2019
34g NHVR NHVR to replicate the Local Government Association of Queensland model for funding Heavy Vehicle Access Liaison Officers, to work with Local Government to deliver proactive approaches for OSOM access NHVR to action within 12 months. In progress
34j NHVR NHVR to work with road managers to identify pinch points in their network, NHVR to consolidate this information into their Portal and Mapping tools. NHVR to action within 12 months. In progress
37 Commonwealth Council agree the following recommendations be included into the National Transport Commission's (NTC) Review of the Heavy Vehicle National Law (HVNL):
  1. Section 156 of the HVNL is reviewed, with prescribed time limits more appropriately structured.
  2. Review and harmonise the definition of ‘indivisible’, to deliver consistency across jurisdictions.
  3. Section 661 of the HVNL be reviewed and changed to provide a trigger clause for the NHVR to manage when there is no response from Road Managers for consent.
  4. Section 158 of the HVNL is reviewed to appropriately recognise third parties and make improvements to streamline the consenting process.
NTC to incorporate recommendations into Review of the Heavy Vehicle National Law. Completed March 2019
38 Commonwealth Council agree that all relevant policy and regulatory agencies commit to identifying and highlighting best practice, to deliver 48-hour (on average) OSOM turnaround time by 2021. In progress

Review of Oversize Overmass Vehicle Access Arrangements

The Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, the Hon Michael McCormack MP, announced on 29 July 2018 the Australian Government would fund an independent review. Consultancy firm, WSP Australia, undertook the review and were assisted by a three-member industry expert reference group.

The Terms of Reference DOCX: 20 KB PDF: 341 KB ReadSpeaker set out the scope of the review.

On 9 November 2018, the Transport and Infrastructure Council agreed to the release of the independent Review of Oversize Overmass Vehicle Access Arrangements Report PDF: 4114 KB ReadSpeaker. There are 38 recommendations in the Report covering a wide range of OSOM issues. The extensive number of recommendations reflect the complexity of OSOM vehicle access, the considerable stakeholder engagement (with over 60 separate entities engaged during the preparation of the Report), and the need for a comprehensive suite of solutions to improve the system.

The Report has been published without appendices as they contain sensitive and commercial-in-confidence material.

History of Heavy Vehicle Regulatory Reform

In July 2009 the Council of Australian Governments (COAG) agreed that a single national heavy vehicle regulatory regime be established to cover all vehicles over 4.5 gross tonnes. COAG agreed that the national regime include a single national regulator to administer a single set of national heavy vehicle laws replacing the separate and at times conflicting regulatory requirements on the heavy vehicle industry between states and territories.

In August 2011 an Intergovernmental Agreement on Heavy Vehicle Regulatory Reform was signed by COAG (except Western Australia) setting out the principles and processes to implement the decision to deliver a national heavy vehicle regulatory system. The signing of this agreement recognises that the Commonwealth and the states and territories have a mutual interest in improving national regulation and the need to work together to achieve these outcomes.

In November 2011 the Heavy Vehicle National Law Act 2012 was approved by the Ministerial Council on Transport and Infrastructure and was passed by the Queensland Parliament in August 2012.

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Last Updated: 26 April, 2019