In the media

Stronger penalties for dangerous goods offences
The Andrews Labor Government is cracking down on rogue operators who put Victorians at risk by flouting dangerous goods laws with tough new offences and harsher penalties to be introduced (14 June 2019). More...

TSA repurposes end-of-life tyres with $4M fund
The Tyre Stewardship Fund is actively supporting a range of new product and market developments across 29 projects, with over $4 million committed to research and development as well as demonstration and implementation (13 June 2019). More...

NHVR concludes saleyards review
The National Heavy Vehicle Regulator has finalised a review of Improvement Notices issued to Forbes Shire Council and Dubbo Regional Council in relation to operations at the saleyards (13 June 2019). More...

NTC commits to ongoing HVNL review
The National Transport Commission has released its third issues paper seeking feedback on easy access to suitable routes under Heavy Vehicle National Law (13 June 2019). More...

Government must encourage the purchase of new heavy vehicles
NatRoad has developed a number of policies that aim for improved freight efficiencies, reduced emissions and less heavy vehicle road trauma. One of those policies is reducing the age of the Australian truck fleet by promoting the purchase of new heavy vehicles (13 June 2019). More...

ATA restructure focuses on safety
The Australian Trucking Association (ATA) is combining its TruckSafe, Safety Truck, safety promotion and safety research activities into a single section of the organisation (13 June 2019). More...

NTC: Improved heavy vehicle access on public roads the focus of next NTC consultation
The NTC is seeking feedback on its third issues paper as part of the Heavy Vehicle National Law (HVNL) review, this time dealing with heavy vehicle access on Australian roads. This issues paper is part of a rolling consultation to mid-2019 (13 June 2019). More...

Acid train wagon derails after axle failure due to undetected fatigue cracking
A freight train tanker wagon derailment after an axle failure due to an overstress crack highlights the importance of inspection techniques that detect fatigue cracking prior to failure, an ATSB investigation has found (13 June 2019). More...

NHVR Portal changes on the way
The National Heavy Vehicle Regulator said there are some significant improvements coming to the NHVR portal later this month which will allow customers to check their vehicle's registration at the same time as applying for access permits (11 June 2019). More...

NSW saleyards review reaches conclusion
The National Heavy Vehicle Regulator (NHVR) has finalised its review into heavy vehicle safety around New South Wales saleyards, following issues regarding mass limits in areas such as Dubbo and Forbes. Councils have been informed of their responsibilities under Chain of Responsibility rules (11 June 2019). More...

Heavy vehicle width study
The Australian Trucking Association has raised some concerns about the scope of a current Austroads study into heavy vehicle widths. The Austroads research is being undertaken to support national activities examining dimensional and safety issues for heavy vehicles (06 June 2019). More...

ATA gives Austroads a serve on truck width
A research project by government agency Austroads – Exploration of Heavy Freight Vehicle Dimensions: productivity, safety and other considerations – into heavy vehicle dimensions is ignoring the findings of the expert panel inquiry into national freight and supply chain priorities (04 June 2019). More...

Toll in stern rejection of anonymous allegations
Toll Group has rejected in strong terms mysterious allegations related to its operations and strategy.
The reaction follows the leaking of emails confirming an investigation into the allegations conducted under its whistleblowing code that has since closed (04 June 2019). More...

Industry bodies eye defence remote rest area needs
Bolstering defence infrastructure in the north-western quarter of the nation's landmass may hold a key to covering civilian freight needs, two of the most interested industry bodies believe (04 June 2019). More...

Investigation into the loss of containers overboard from YM Efficiency
The investigation into the loss of containers overboard from YM Efficiency, off Newcastle, NSW on 1 June 2018 is continuing. Shortly after the occurrence, AMSA issued Marine Notice 03/2018 to remind vessel owners, operators and masters of the need to stow and secure cargo containers in accordance with approved arrangements (31 May 2019). More...

Seafarers at risk because the regulator is drowning in paperwork, submission reveals
Maritime safety standards in Australia are compromised and putting lives at risk because the peak regulator is too busy "processing paperwork" and not checking unsafe vessels, a new report by an international marine organisation alleges (30 May 2019). More...

Lindsay backs SafeWork NSW enforceable undertaking
A fatality in New South Wales four years ago has seen transport and logistics firm Lindsay Australia agreeing to a number of conditions following court proceedings but specific details of the enforceable undertaking (EU) are yet to be released (30 May 2019). More...

Published – articles, papers, reports

ATSB safety investigation reports
Derailment of acid train 9T90 near Kimburra, Queensland on 28 September 2017. Effective axle inspection techniques that detect cracking prior to failure are fundamental to rail safety. Final Report 12 June 2019. More...

Loss of control and collision with terrain involving Cirrus SR22, VH-PDC, Orange Airport, NSW, on 15 May 2018
Final Report 06 June 2019. More...

Taxiing proximity event involving Airbus A321, VH-VWQ, and Boeing 737, VH-VZB, Melbourne Airport, Victoria, on 30 April 2018. Safety analysis - Controller workload. Final report 06 June 2019. More...

Australian Industry Standards
Cross Sector Supply Chain Skills – Development – Submission date 29 July 2019
TLI Chain of Responsibility – Development - Submission date 01 July 2019

IRC projects - Transport and Logistics
The Australian Industry and Skills Committee (AISC) has commissioned the revision of six skill sets and 25 existing units of competency for the TLI Transport and Logistics Training package to include new technologies for improving safety outcome. More...

Dangerous goods in tunnels: Literature review
AP-R589-19: 13 June 2019
This report documents the results of an extensive literature review examining the transport of dangerous goods in road tunnels. It includes international and local studies and methodologies, trial reports, and media. More...

Dangerous goods in tunnels: Application and methodology
AP-R590-19: 13 June 2019
This report provides a standardised assessment method to mitigate the criticism of the transport of dangerous goods through road tunnels and provide greater transparency of the decisions reached. More...

NTC on the Road on the Road - Issue 61, 10 June 2019
On the Road provides important information on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes, and resources to help industry members comply with the HVNL. More...

In practice and courts

Feedback on Austroad Code of Practice
Austroads has released the Code of Practice for Temporary Traffic Management Part 10: Sample Layouts for industry consultation. Austroads' Code of Practice for Temporary Traffic Management is being developed as part of the strategic priority project Safety at Road Worksites (Project BN2019). Comments closed on Thursday 13 June 2019. More...

NTC issues paper - Easy access to suitable routes
Issued 13 Jun 2019, with comments Due 16 Aug 2019. More...

NTC: National Heavy Vehicle Law review issues paper 2
The National Transport Commission has begun its review of the National Heavy Vehicle Law. The commission is inviting stakeholders to provide their views on the law until February 2020.
The second issues paper has now been published, focusing on fatigue management. Feedback is due by 16 August 2019 (20 May 2019). More...

NTC discussion paper - Refining the definition of rail safety work
Issued on 16 April 2019 with comments due 14 June 2019. More...

AMSA: Safety workshop
MIAL's first safety workshop for the domestic commercial vessel sector will be held in Brisbane on 13 June. The one-day course is free to members and $45 for non-members with topics covering safe operations, compliance and a panel session with partners including AMSA. More...

AFIF: Biosecurity levy update - Revised start date 1 September 2019
The Government has announced a delay with a new start date of 1 September 2019 and a consequent small loss of revenue associated with a later start date. More...

CASA: Modernising Australia's fatigue rules
CASA is implementing response to the independent review of the fatigue rules and are now consulting with industry on the proposed CAO 48.1 Instrument 2019 – Modernising Australia's Fatigue Rules. There will be a staged transition to the new rules: High capacity regular public transport operators having a maximum seating capacity exceeding 38 seats or a maximum payload exceeding 4200kg (see subsection 2 of CAO 82.0) are required to transition to the new fatigue rules by 30 September 2019.

Reminder: Anti-Slavery Act
The first reporting year for companies with the Australian financial year is 1 July 2019 - 30 June 2020 so businesses should be aware of these obligations this year. More...

WorkSafe safety alert: Hazards of using load skates
This safety alert has been issued to highlight the risk of serious injury or death when using load skates to move top-heavy loads. Load skates are also referred to as machine or machinery skates, load trollies, heavy load dollies and load rollers. Date issued: 29 May 2019. More...

Cases

Premier Food & Beverage (Aust) Pty Ltd v Famous Pacific Shipping (Vic) Pty Ltd (Civil Claims) [2019] VCAT 809
Application by an importer for an injunction to compel its freight forwarder to release goods – analysis of the parties' contract – importer in breach of the contract and indebted to the freight forwarder – lien – application for injunction refused.

Legislation

Commonwealth

Gazetted

Heavy Vehicle National Law - South Australia Notice of Approval - Operation of 14.5m Transitplus Controlled Access Buses Amendment Notice 2019 (No.2)
12/06/2019 - The purpose of this Notice is to extend the operation of a Notice issued under a former corresponding law for the Heavy Vehicle National Law. This Notice commences on the date of publication in the Commonwealth Gazette.

Heavy Vehicle National Law - South Australia Notice of Approval - Operation of 14.5m Transitplus Controlled Access Buses Amendment Notice 2019 (No.2)
12/06/2019 - The purpose of this Notice is to extend the operation of a Notice issued under a former corresponding law for the Heavy Vehicle National Law. This Notice commences on the date of publication in the Commonwealth Gazette.

Heavy Vehicle National Law - South Australia Notice of Approval - Operation of 14.5m Transitplus Controlled Access Buses Amendment Notice 2019 (No.2)
11/06/2019 - The purpose of this Notice is to extend the operation of a Notice issued under a former corresponding law for the Heavy Vehicle National Law. This Notice commences on the date of publication in the Commonwealth Gazette.

Heavy Vehicle National Law - New South Wales Class 3 Port Botany Container Transportation Mass Exemption Notice 2019 (No.1)
07/06/2019 - This Notice provides an exemption from prescribed mass requirements for certain configurations of eligible heavy vehicles while they are transporting over-mass freight containers from a Stevedore's Terminal at Port Botany to a prescribed Container Freight Station (CFS). Eligible vehicles operating under this Notice are not exempt from prescribed dimension requirements. This Notice commences on 11 June 2019.

Heavy Vehicle National Law - Queensland Class 3 Heavy Vehicle Sugar Mill Mass Management Scheme Exemption Notice 2019 (No.1)
07/06/2019 - The purpose of this notice is to allow for an efficient transport of sugar cane to particular sugar mills operating under a Registered Queensland Sugar Mill Mass Concession Scheme. This Notice commences on 1 July 2019.

Heavy Vehicle National Law - Queensland Class 3 Heavy Vehicle (Grain Harvest Management Scheme) Mass Exemption Notice 2019 (No.1)
07/06/2019 - The purpose of this notice is to allow for an efficient grain harvest and to protect the road infrastructure network through eliminating gross overloading by appropriate administrative procedures and compliance activities in accordance with the Queensland Grain Harvest Management Scheme (GHMS). This Notice commences on 1 July 2019.

Heavy Vehicle National Law - South Australia Heavy Vehicle Standards (Conditionally Registered Special Purpose Vehicle) Exemption Notice 2019 (No.2)
07/06/2019 - This notice revokes and replaces the South Australian Heavy Vehicle Standards (Conditionally Registered Special Purpose Vehicle) Exemption Notice 2019 (No. 1). This notice expires on 9 February 2024.

Heavy Vehicle National Law - Approval for a Bus Towing a Disabled Bus to Exceed an Overall Length of 19m Amendment Notice 2019 (No.3)
07/06/2019 - This Notice amends the Approval for a Bus Towing a Disabled Bus to Exceed an Overall Length of 19m, published by the South Australia Government on 8 January 2008. The operational period of this Notice is extended from 30 June 2019 until 31 December 2019.

National Heavy Vehicle Law - Queensland Electricity Entity Work and Rest Hours Exemption Notice 2019 (No.1)
07/06/2019 - The purpose of this Notice is to exempt drivers of fatigue-regulated heavy vehicles carrying out activities on the works of an Electricity Entity in unplanned urgent circumstances from the requirement of the Heavy Vehicle National Law Part 6.3 Division 2 Standard Work and Rest Arrangements. This notice commences on 01 July 2019.

NSW

Regulations and other miscellaneous instruments
Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2019 (2019-244) — published LW 14 June 2019 - Includes Part 5 Initial inspection of registrable vehicle under clause 66, 67 or 81, otherwise than in relation to exhaust emission levels – trucks, motor lorry.

Queensland

Subordinate legislation as made – 07 June 2019
No 87 Rail Safety National Law (Queensland) (Transitional) Amendment Regulation 2019

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.