Review HVNL says Qld committee
Parliamentary group note changes will need ministerial OK
QUEENSLAND PARLIAMENT’S TRANSPORT and Public Works Committee has urged a reassessment of the Heavy Vehicle National Law (HVNL) be carried out in a report, but there are some possible hurdles in the advice.
“The committee also notes that any review of the national legislation would need to be considered and agreed to by the Transport and Infrastructure Council,” it says in its Heavy Vehicle National Law and Other Legislation Amendment Bill
2018 report. “While the committee notes that this is a matter for the Minister, it considers that it would be prudent that the Minister consult with his interstate colleagues on whether there is a need for a comprehensive review of the HVNL as suggested by stakeholders.”
The Queensland transport department (TMR) advised that the start date for the three phases of chain of responsibility (COR) in executive officer liability provisions within the HVNL is to yet to be confirmed but is expected to start this calendar year.
This, however, must follow the passage of a further HVNL amendment Bill in the second half of the year, “subject to parliamentary processes”.
Nonetheless, the committee decided that stakeholders affected by the change were being given ample time to prepare for their new obligations, but added that existing provisions in the WHS legislation and the proposed provisions in the HVNL would result in the same outcomes for voluntary directors.
Regarding the advantages and disadvantages of the registration being state and territory based, with only the database maintained by the NHVR, the committee merely pointed to the department’s position that “this was a decision made by the Transport and Infrastructure Council in reviewing the legislation and policies”.
“The advantages of course are simplicity around providing the information quickly and being able to provide it to the National Heavy Vehicle Regulator simply out of a central repository,” the department says. “There is already a central repository that exists for all vehicles, which is NEVDIS [National Exchange of Vehicle and Driver Information System] run by Austroads, and they are effectively pulling the information out of that system so that the National Heavy Vehicle Regulator can manage the heavy vehicle fleet.
“The difficulty of course with full transition to the National Heavy Vehicle Regulator would be customers being able to pay for their registration, go to customer service centres et cetera. They can still do that with the state based systems. Obviously this is a point in time. These things may be reviewed in the future.”