Appendix A Non RIS Items - National Transport Commission38BF3656-D6B4-8FD3-EA95-C… · Appendix A – Non RIS Items No. Rule Issue Resolution The testing procedure has not been adopted

Appendix A – Non RIS Items

1. Australian Vehicle Standard Rules (“AVSRs”) – Non RIS items

No. Rule Issue Resolution

1 115

117

School bus signs and lights

Jurisdictions currently have different

approaches to school bus warning

lights and sign configurations.

The current model rules will be

included in the Heavy Vehicle

National Law (“HVNL”). There will

also be a general exemption power

for the NHVR to deal with current

variations where appropriate, and

transitional provisions to preserve

existing variations until exemptions

are issued.

2 155(

3)

Speed limiting

AVSR 155(3) imposes a 90 km/hr

maximum road speed capability for

prime movers in a road-train

combination.

However, some jurisdictions allow a

100 km/hr limit for these combinations.

The HVNL will impose a maximum

road speed capability 100 km/hr for

these combinations. This will ensure

that speed limiters for prime movers

used for road-trains will not be

subject to different vehicle standards

when crossing borders.

Jurisdictions will retain the power to

determine road speed limits,

including speed limits for types of

vehicles or combinations. This

means that existing state laws

limiting road trains to a speed limit of

90 km/hr would continue to apply.

3 147 Visible emissions

The model law indicates vehicles must

not emit visible emissions.

One jurisdiction has adapted the model

law to prohibit ‟excessive‟ visible

emissions.

The model law will be included in the

HVNL.

4 64 Axle configuration: tri-axle B-doubles

While the model law does not include a

formula (the clear space rule) for

calculating axle configurations, some

jurisdictions have included this formula

in their legislation.

The HVNL will include a formula to

implement the clear space rule.

5 69 B-double length

AVSR 69 imposes a length limit of 25

The HVNL will retain the length limit

of 25 metres for B-doubles but also

allow B-doubles with specific



metres for B-double combinations.

Some jurisdictions allow up to 27.5

metre-long B-doubles under a notice

while others have implemented an

ATC-approved reform to allow 26-metre

B-doubles.

features such as front underrun

protection to have a length of 26

metres.

The regulator can continue to permit

longer B-doubles under notice or

permit.

6 70 Rear overhang

One jurisdiction has a definition of „load

carrying area‟ in its version of AVSR 70

which extends the definition to include

the drawbar.

The existing model law will be

included in the HVNL.

7 119 Rear marking plates

AVSR 119 requires that rear marking

plates complying with Vehicle

Standards Bulletin (VSB) 12 be

installed on most heavy vehicles with a

GVM exceeding 12 tonnes, even if built

before the date specified in VSB 12.

VSB12 does not specify a date.

This requirement with respect to the

date in VSB 12 is considered

redundant. It will not be included in

the HVNL.

8 34 &

118

Exemptions for sirens and lights

The number and types of vehicles

which are exempt under AVSRs 34 and

118 differ among jurisdictions. The

exemptions generally apply to police

and emergency services, but in some

jurisdictions extend to other agencies,

such as medical transport services.


HVNL, but will recognise exemptions

currently in place in jurisdictions.

This will be referred to the

maintenance process for the AVSRs

to develop a consolidated list of

exempt vehicles.

9 N/A Hybrid vehicles

One jurisdiction has introduced a

vehicle standard that requires hybrid

vehicles to have a green label on the

number plates.

This issue is being addressed in the

AVSR maintenance process. The

outcome of this process will be


10 147

A

Exhaust emissions for diesel vehicles

Rule 147A contains a testing procedure

for exhaust emissions.

The HVNL will include the model law

with some minor corrections. It is

understood however that a

replacement for the current test is



The testing procedure has not been

adopted in some jurisdictions.

being developed. This will eventually

be included in the HVNL if approved

during the AVSR maintenance

process.

11 154

A

Natural gas

A recent amendment to the rules

requires vehicles equipped to use

natural gas to comply with AS/NZS

2739. Not all jurisdictions have

implemented this amendment.

The model law as recently amended

to regulate the installation of natural

gas systems will be included in the

HVNL.

12 Special exemptions

There are local exemptions for special

use motor vehicles, for example, a front

bicycle rack exemption for public buses.

The HVNL will include provisions

that give the NHVR the power to

issue exemptions, including

exemptions of general application.

13 11 Non-application of vehicle standards –

exemption under other laws

The rule provides for mutual recognition

of vehicles exempted under another law

or by another jurisdiction. Not all

jurisdictions have adopted this rule.

The rule was found to be redundant

and will not be adopted in the HVNL.

14 24 Applying for exemptions

The model law outlines all the

requirements that an application for

exemption must meet to be considered.

Jurisdictions have different processes

for exemption applications.

The HVNL will include the matters

that an application for an exemption

must satisfy and therefore specify a

national process for applying for an

exemption.

15 27 Steering

The rule does not require a vehicle to

comply with the right-hand drive

requirement if it is built for a purpose

other than the transport of goods or

people by road.

Some jurisdictions have not adopted

this rule, instead requiring operators to

apply for an exemption

The model rule will be adopted in the

HVNL and operators will be

automatically exempted from the

requirement to have a right-hand

drive if their vehicle is built for a

purpose other than the transport of

goods or people by road.



16 Provision for road trains

The rules make provision for road

trains; however, not every jurisdiction

adopts these references in their rules

as they do not allow road trains to

operate.

The references to road trains will be

included in the HVNL. It should be

noted that references to road trains

in the HVNL does not mean that

road trains can operate on the road

network in those jurisdictions that do

not presently allow road trains to

access their roads. Instead, any

future access for road trains will

remain a matter the road owners.

17 66 to

73

Dimension limits

In the model laws, dimension limits are

located in the AVSRs.

Dimension limits are dealt with in

different parts of transport law in some

jurisdictions. There are also some

variations in the dimension limits

between jurisdictions.

Dimension limits will be included in

the Mass, Dimension and Loading

regulations made under the HVNL

Existing jurisdictional variations to

allow greater dimension can be

accommodated by notices and

permits.

18 73 Ground clearance

Rule 73 provides that ground clearance

rules do not apply to vehicles with less

than four wheels. Not all jurisdictions

have adopted this rule.


HVNL. It should be noted that this is

also being dealt with as part of the

AVSR maintenance process, and the

rule to be included in the HVNL will

include a reference to running

clearance, as well as ground

clearance.

19 16 References to national standards

AVSR 16 provides that a reference in

the Vehicle Standards to a national

standard is a reference to the national

standard as in force from time to time.

This allows the Australian Design Rules

to be referenced and therefore to have

a legal application in the AVSR. Not all

jurisdictions have adopted this rule.


HVNL.

20 173 Restored vehicles

AVSR 173 provides that a restored

vehicle is taken to have been built when

originally built. The application of the


HVNL.



rule is such that a vehicle is not

necessarily required to be updated to

comply with modern vehicle standards.

Not all jurisdictions have adopted this

rule.

21 175 Measurement of distance between

parallel lines

The rule outlines how the distance

between parallel lines is to be

measured.

Not all jurisdictions have adopted this

rule.


HVNL.

22 Vehicle with equipment in working order

The AVSRs, when requiring equipment,

include a requirement that the

equipment be in working order.

Some jurisdictions have used other

means to achieve the same outcome.


HVNL.

23 Diagrams, notes and examples

The jurisdictions do not have consistent

rules about the effect of diagrams,

notes and examples in their legislation.

The HVNL will use common

interpretation of legislation

provisions.

NHVL version 01V.


2. Concessional mass limits (CML) – non RIS items

Ref. Issue Resolution

1 Heavy vehicles covered by CML

One jurisdiction has expressly

excluded some vehicles and

combinations such as complying and

ultra-low floor buses, special purpose

vehicles, agricultural machines and

implements, and pig trailers or

combinations using pig trailers.

The national policy will be adopted in

the Heavy Vehicle National Law

(“HVNL”).

2 Concessional mass limits

The national policy specifies

maximum concessional mass limits on

axle groups.

Some jurisdictions have varied the

mass limits, and in some instances

have higher limits than CML.

The HVNL will implement the national

policy. Higher limits can be preserved

as productivity variations by notices or

permits.

3 Route compliance certificates

One jurisdiction requires a

concessional mass limits route

compliance certificate be completed

and carried by the driver of a vehicle if

the vehicle is accredited outside the

jurisdiction under the NHVAS mass

management module.

The HVNL will allow for route

compliance certificates as an access

condition of a notice or permit.

4 Overlap with Higher Mass Limits

Some jurisdictions have not

implemented CML as they regard

HML as being adequate for their

industry needs.

The national policy will be included in

the HVNL, as both CML and HML will

be included in the NHVL.

HVNL version 01V


3. Compliance and enforcement

Ref. Rule Issue Resolution

1 Cl. 38

& 39

Powers to enter premises

There are a number of variations in

the manner in which the powers to

enter and inspect or search premises

have been implemented by states and

territories.

Subject to some amendments to

better protect human rights, the

powers included in the model law will

be retained in the HVNL. One

amendment will be that authorised

officers, unlike police officers, will only

be allowed to use force against

property.

2 Cl. 31 Direction to leave a vehicle

In one state, a direction to leave a

heavy vehicle or combination includes

the power for an officer to direct a

driver to surrender all their keys if they

believed that the driver is affected by

drugs or alcohol.

The model law will be retained in the

HVNL. Existing state and territory

laws that allow enforcement officers to

require drivers affected by drugs to

surrender their keys will continue to

apply.

3 Cl. 50 Authorised officer may apply for a

warrant

The model law only specifies when an

authorised officer may apply for a

warrant. Provisions about the issuing

of a warrant, such as how an

application for warrant may be made,

have been left to the state and

territory laws.


about the issuing of warrants.

4 Cl. 57 Right to consent to an enforcement

action

The model law includes rights for a

person who is asked by an authorised

officer to consent to an enforcement

action, such as a search. A number of

states and territories have varied this

provision to include different rights for

the person asked to consent or have

imposed different obligations on

authorised officers when requesting

that a person consent.

The model law will be retained with

minor amendments in the HVNL to

ensure consistent rights and

obligations with regard to consents to

enforcement actions.


5 Cl. 60 Removal of self-incrimination

The model law removes self-

incrimination as an excuse for not

complying with certain legal

requirements. The laws with respect

to self-incrimination differ between

jurisdictions.

The HVNL will include a use and

derivative use immunity for persons

compelled to provide information to

enforcement officers.

6 Cl. 34 Power to authorise moving of a

vehicle

In some jurisdictions, the power to

authorise the moving of a heavy

vehicle or combination includes

moving illegally parked vehicles which

are not necessarily creating a safety

risk or obstructing traffic.

The model law will be adopted in the

HVNL. Jurisdictional laws may

continue to allow for enforcement

officers to move vehicles in

circumstances other than allowed by

the HVNL.

7 Cl. 18

& 19

Use of identity cards

The use of identity cards, including

offences related to their use, is

subject to some additional

requirements to those set out in the

model clause (for example, that

identity cards must specify the powers

that can be exercised) in one state.


HVNL.

8 Cl. 36 Power to inspect vehicles

The model law clause dealing with the

power to inspect vehicles has been

varied in one state so that it extends

to places that the heavy vehicle has

entered as an immediate result of

being involved in accident on or near

a highway.


HVNL. Jurisdictional laws may

continue to regulate powers of

enforcement officers to investigate

vehicle accidents.


9 Cl. 38 Power to inspect premises

In one state, the question of when an

enforcement officer is able to exercise

the power to inspect premises and to

search has been varied in a number

of ways, including that the powers can

be used to access premises where

journey documentation is kept and

different procedures for obtaining

consent relating to inspecting and

searching premises.


HVNL.

10 Cl. 45 General obligation to provide

information

The law in one state does not include

a general obligation on a person to

provide an authorised officer or a

police officer with information relating

to the vehicle, load or equipment. This

differs from the model law which

allows an authorised officer or police

officer to direct a person to provide

them with the type of information

mentioned above.


HVNL.

11 Cl. 46 Provision of reasonable assistance

The direction to provide reasonable

assistance in one state does not

specifically extend to operating

equipment.


HVNL.


12 Cl. 55 Embargo notices

Under the model law an authorised

officer or a police officer has a right to

seize a device or information. If they

are unable to do so, they may issue

an embargo notice which forbids a

person from moving, selling, leasing

or transferring the device, or deleting

information. In one state, the use of

embargo notices is limited to police

and those specifically authorised to

issue notices. Additionally, there are

express provisions dealing with the

return of seized goods which apply to

embargoed goods.

The HVNL will provide for the lifting of

an embargo notice after three months

unless proceedings have commenced

or a court order has been made to

extend the notice.

13 Cl. 62 Offence for obstructing an

enforcement officer

The model law makes it an offence to

obstruct an enforcement officer when

they are lawfully exercising their

powers. In one state, this offence has

been varied so that the offence does

not address whether the officer

exercised a power or a function

lawfully.


HVNL which limits the offence to

those obstructing or hindering

authorised or police officers who are

exercising a lawful power.

14 Cl. 82 Exercising rectification powers

Rectification powers under the model

law allow an enforcement officer to

direct a person who has a minor,

substantial or severe risk breach of a

mass, dimension or load restraint

requirement to fix the issue if it is easy

and reasonable to do so. If the person

does so, they can continue their

journey. These powers in one state

can only be exercised when they

involve substantial or severe

breaches.


HVNL.


15 Cl.

134–

136 &

138

Driver licence sanctions

The model law provides driver licence

sanctions for road law offences. The

one exception is that minor risk

offences for mass, dimension and

load restraint breaches cannot be

imposed by a court.

In one state, the licence sanctions for

an Australian road law vary from the

model clause in that a court can

suspend, cancel or disqualify a

licence for any offence, but may also

vary any driver licence or permit held

by the defendant.

The HVNL will not include the power

for Courts to impose driver licence

sanctions. Jurisdictional laws about

driver licensing may include such

provisions.

16 Cl.

160

Defence for complying with a direction

Under the model law there is a

defence to an offence if the person

involved is complying with a direction

by an authorised or police officer. In

one state, there is no express defence

available to a person who has

complied with a direction but in doing

so has committed an offence.

The HVNL will rely on common law

and general statutory defences.

17 Div 3,

Part 5

&

Sch.

1.

Use of infringement notices

The model law allows the use of

infringement notices to deal with a

breach rather than having it dealt with

by a court. There are differences

between jurisdictions about which

offences are infringeable as a result of

different criminal justice policies.

A review of penalties for offences

created by the HVNL is being

conducted and after further public

consultation the outcomes of that

review will be included in the HVNL..


18 Cl. 44 Directing a person to produce records

The model law contains a power to

direct a person to produce records

such as transport documentation. In

one state the types of records is

expanded to include documents linked

to compliance schemes such as

Higher Mass Limits and allows

enforcement officers to request

specific documents.

It was felt that the model law in its

current guise sufficiently extends to

cover the types of documents that are

detailed in that state‟s legislation.

Thus, the model clause will be

retained in the HVNL.

19 Cl. 41

& 42

Obligation to produce licence and

other details

There are several states that have

varied the model law obligations that a

person produce a licence and give

their name and other details to an

enforcement officer, and the

associated offence of providing false

or misleading information in relation to

those obligations. Examples of the

variations include not having a

requirement to provide evidence of

certain details, no requirement to

provide a person‟s date of birth, and

having an additional period of time to

produce the licence (seven days after,

in one state).


about the production of a driver

licence and personal information. The

model law will be amended to reflect

the scope of the HVNL being limited

to heavy vehicle regulation.

20 Cl.

42(9)

Provision of personal information

defence

The model law includes a defence to

a person who has been directed to

provide personal information but was

not warned about the consequences

of failing to do so. That defence has

not been adopted in all jurisdictions.

The HVNL will require that a warning

be provided before a person can

commit the offence of failing to comply

with a direction to provide personal

information.


21 Cl. 26 Definition of compliance purposes

The phrase „compliance purposes‟ is

used in the model law to frame when

an enforcement officer can exercise

the power to direct a person. It is

defined as including circumstances

such as investigating breaches or

suspected breaches of Australian

road laws. The circumstances which

are covered by the phrase have been

extended in one state to include the

exercise of powers when an

enforcement officer is investigating an

accident.

The model law which includes

investigating a breach of road law or

compliance scheme was felt sufficient

to cover the investigation of accidents

involving heavy vehicles, and the

variation was therefore unnecessary.

Other jurisdictional laws may also

provide enforcement officers with

powers to investigate vehicle

accidents. The model clause will be

adopted in the HVNL.

22 Cl. 23

(2)

Fit to drive requirements

The requirements dealing with

whether a driver is fit to drive, in at

least one state, include an additional

ground on which to find a driver unfit

to drive. If a reasonable ground exists

to suspect that the person has either a

blood/alcohol level above that

permitted by law or a proscribed drug

in their oral fluid or blood, then they

are unfit to drive. This variation

reflects the relatively recent

introduction of random roadside drug

testing.

The variation will be adopted so that

the HVNL includes oral saliva testing

for prescribed drugs as part of the test

for assessing a driver‟s fitness to

drive. If a roadside drug test result is

available it may be used for the

purpose of deciding whether the driver

is fit to drive.


23 Cl. 89 Reasonable steps defence – legal and

evidentiary burdens

The reasonable steps defence is

available for those defendants being

prosecuted for offences of absolute

liability. However, the model clause

does not make it explicit that a

defendant needs to deal with both the

legal and evidentiary burdens when

raising the defence. In one territory,

the defence does not require a

defendant to discharge both the legal

onus and evidential burden of proof.

Instead, in that jurisdiction, a

defendant only has to provide

evidence that they took reasonable

steps (thus satisfying the evidential

burden).

The model law imposes both the legal

and evidential burden on the

defendant. The model clause will be


24 N/A Reasonable steps defence – CWD

The model law makes available the

reasonable steps defence to a driver

or operator but only for a minor

breach or where it is relied on in the

context of Container Weight

Declarations (CWD). Some

jurisdictions have changed the

availability of the reasonable steps

defence for drivers and operators.

The reasonable steps defence will be

available to drivers and operators for

all breaches in the HVNL.

25 Cl. 13 Definition of associate

The model law defines the term

„associate‟ by providing a list of

people who are considered to be so

(for example, family members,

business partners, etc.). However, the

list does not include de factos.

The HVNL definition of „associate‟ will

include persons in de facto

relationships.


26 Cl.

150

Operator liability

The model law extends liability for

„operator‟ offences to registered

operator in some circumstances. In

one state the types of offences that a

registered operator can be prosecuted

for are extended, and owners can also

be found guilty of certain offences.

The policy intent underpinning the

model law will be adopted in the

HVNL.

27 Cl.

162

Averments list

An averment is a type of statement

which is used in charges for road law

breaches. An averment has the effect

that a statement made in the charge is

to be considered proof, in the absence

of evidence to the contrary, of what is

stated. The model law contains a list

of matters that can be included in an

averment. One state does not include

in its averments list ‟road-related

areas‟.

The model law is to be adopted in the

HVNL but with amendments to reflect

the particular role of the regulator.

The existing model law assumes that

the Authority will be the road/transport

authority for each jurisdiction.

28 n/a Use of enforcement powers

The model law enforcement powers

can be used by enforcement officers

for any road law offence. At least one

state varies from that approach by

limiting their use to heavy vehicle

mass, dimension and load restraint

offences.


HVNL with the enforcement powers in

the NHVL applying to all breaches of

that law, unless expressly limited to a

specific type of breach.

29 Cl. 14 Authorised officer – non-government

employee

The model law allows a non-

government employee to be an

authorised officer. That approach has

not been followed in one state, and

there is no ability to appoint a non-

government authorised officer.


HVNL, but the regulator will need to

be satisfied that person has

necessary expertise or experience.


30 Part 3 General enforcement powers

Part 3 of the model law contains the

general enforcement powers,

examples of which include the power

to direct and stop vehicles and to

inspect and search among others. A

number of the powers have not been

implemented in one state.


HVNL and all powers included.

31 Cl.

47(2)

& (5)

Authorised person allowed to run a

heavy vehicle engine

The model law allows an authorised

person to run the engine of a heavy

vehicle even if they are not qualified

or licenced to do so. The focus of the

model law is to protect persons who

are directed to run an engine. These

protections have been varied in one

state, which requires an authorised

person to be qualified.


HVNL.

32 Cl. 54 Access to seized material

The giving of a receipt by authorised

officers when they seize materials and

the ability of a person to access their

material is set out in the model law. In

one state, the elements of the model

clause dealing with receipts for seized

material and providing reasonable

access to the material if practicable

have not been adopted. However, that

state‟s legislation does include

express provisions about the return of

seized material.

The model law about seizing goods is

to be adopted in the HVNL. Other

provisions about seized goods, such

as the return of the goods, have been

included.


33 Cl. 65

and

66.

Load restraint breaches – appreciable

risk of harm

The model law includes the ability to

upgrade the severity of a mass,

dimension or load restraint breach.

This is necessary in circumstances

where there are potentially dangerous

breaches of the load restraint

requirements. In one state the model

law concept of an „appreciable risk of

harm‟ (which is used to determine

whether a breach is potentially

dangerous) is not used for load

restraint breaches. Further, that state

has also not adopted the principle of

an imminent loss or shifting of the

load form the model clause. Instead

the breach becomes more serious if

there is actual harm to one or more

persons or damage (s. 157).


HVNL.

34 Cl. 76 Re-categorisation of width breaches

The model law provides that width

breaches can be re-categorised in

certain circumstances (for example, at

night, during bad weather). In one

state the re-categorisation also

applies to length limits.


HVNL.

35 Cl. 78

& 80

Re-categorisation of dimension

breaches

In one state, the model laws re-

categorisation of dimension breaches,

in circumstances where there are

dangerous projections, is not couched

in terms of there being a danger of

projections to persons or property.


HVNL.

36 Cl. 79 Regulations for specifying lower limits

The C&E Bill includes the ability to

make regulations that specify a

different, lower limit, or a method of

calculating lower limits for breach

categories.

The model law is not to be adopted in

the HVNL. It is noted that the clause

could readily be considered to operate

as a Henry VIII clause (allowing

subordinate legislation to potentially

override primary legislation).


37 Div 8,

Part 4

Right to recover losses – CWD

The model law gives a person an

express right to recover any losses

that they have incurred as a result of a

CWD not being provided to them. One

state does not include this express

right, relying instead on civil law to

deal with recovering losses for a

CWD.


HVNL

38 Cl.

112

Individual offences – chain of

responsibility

The model law sets out individual

offences for different parties in the

chain of responsibility. One state does

not follow this approach. Further, in

that state an overstatement or an

understatement in a CWD is not false

or misleading if it wouldn‟t result in a

mass, length or load restraint breach.


HVNL.

39 Cl.

118

Improvement notices

An improvement notice is used by an

enforcement officer where they

believe a person has breached or is

likely to breach a legal requirement.

The idea is that the conduct or

circumstance is „improved‟ within a

certain time. Varying from the model

law, one state allows an improvement

notice to be issued by authorised or

police officers and they are limited to

mass, dimension and load restraint

offences. There are also some

additional operational requirements

for issuing the notices.


HVNL and improvement notices

available for any breach of the NHVL.


40 Cl.

122

Clearance certificates

Under the model law, an improvement

notice is deemed to have been

complied with once a clearance

certificate has been issued. The

clearance certificate indicates that the

necessary actions required by the

notice have been met. One state does

not include clearance certificates for

improvement notices.


HVNL with clearance certificates

available.

41 Cl.

123,

124

Formal warnings

Formal warnings are an alternative

sanction to taking proceedings against

a person for a breach. A formal

warning may be issued on the basis

that the person had taken all

reasonable steps to prevent the

contravention and was unaware of

that contravention. Formal warnings

have not been adopted in one state.


HVNL.

42 Cl.

128

Time limit for legal proceedings

The model law sets out a two-year

time limit within which legal

proceedings for a breach have to

begin. There are differing time limits

for proceedings for road law offence

among jurisdictions.


HVNL. A two year limitation period,

with some capacity for extensions, is

required especially for detailed

investigations such as chain of

responsibility investigations.

43 Cl.

133

Commercial benefits order

One type of sanction in the model law

for all road law offences is a

commercial benefits order. These

orders allow a court to fine a person

not more than three times the amount

estimated by the court to be the gross

commercial benefit of the person‟s

breach. In one state, commercial

benefit orders are limited to heavy

vehicle offences.

The HVNL only applies to vehicles

with a GVM exceeding 4.5 tonnes so

the commercial benefits order will only

be possible under the NHVL in

relation to offences involving heavy

vehicles.


44 Cl.

140–

146

General compensations orders

Another type of sanction for breaches

of road laws are general

compensation orders which can

include fines for damage to

infrastructure. In one state there is no

equivalent of these general

compensation orders.


HVNL.

45 Cl.

147 to

153

Legal basis of liability

The model law deals with a number of

legal principles including double

jeopardy, the liability of directors and

complicity and common purpose

among others. In contrast, in one

state the legal basis of liability for road

law offences is dealt with by reference

to common law principles and

concepts.

The model law is to be generally

adopted in the HVNL though some

common law and statutory principles

of general application for jurisdictions

will also be used.

46 Cl.

155

Defence of lawful authority

The model law contains a defence of

lawful authority to a breach if the

persons conduct is allowable under a

law. This defence has not been

adopted in one state as the situation it

is intended to deal is addressed

elsewhere.

The HVNL will not expressly include a

defence of lawful authority. Instead,

other laws in each jurisdiction creating

such a defence will apply.

47 Cl.

162–

165,

167 &

168

Evidentiary provisions

The model law contains a number of

evidentiary provisions. One state has

not adopted the general evidentiary

provisions (such as certificate

evidence, evidence of measurements,

and signatures among others) as they

are found in other local legislation.

The HVNL will adopt the model law,

but they will require some redrafting

for greater clarity and to reflect the

specific role of the regulator and of

road managers.


48 Cl.

157 &

158

Vehicles used without authorisation

The model law incorporates a special

defence for operators/owners of

vehicles who can prove their vehicle

was used without authorisation. One

state has not adopted the special

defences for owners and operators,

and for drivers where there is a

deficiencies concerning a vehicle or

combination. The reason for this state

not adopting these defences is that its

version of C&E only applies to mass,

dimension and loading offences, to

which these defences do not apply.


HVNL.

49 Cl.

170–

174

Indemnity for officers acting in good

faith

There is currently an indemnity for

officers and authorised persons from

legal liability if they are acting honestly

and in good faith. One state has not

adopted the indemnities for officers

and persons authorised by officers

and police where they are acting

honestly and in good faith.

The HVNL will include a protection

from personal liability for persons

administering or enforcing the HVNL.

50 Cl.

175–

176

Mutual recognition

The model law deals with the mutual

recognition of the decisions of courts,

tribunals and authorities, of different

states and territories. This has not

been fully adopted in one state.

The HVNL should be applied in all

jurisdictions and all decisions

recognised across Australia.


51 Cl.

187

Prohibiting the contracting out of legal

obligations

The model law prohibits a person from

using a contract to avoid their legal

obligations. In one state, the model

clause that voids terms of a contract

or an agreement that try to exclude,

limit or modify the operation of the

C&E Bill, has been modified so that it

doesn‟t exclude terms that impose

stricter obligations. In another state,

terms that require the payment or

reimbursement by a person of all or

part of a penalty incurred due to a

breach of the C&E Bill, are similarly

void.

The HVNL will adopt both variations

with respect to limitations on

contracting out.

52 Cl.

6(1)

Definition of a load restraint

requirement

The model law definition of a „load

restraint requirement‟ does not

exclude people from being treated as

a load that is being restrained or

positioned.

Load restraint requirements involve

the securing or restraining of loads in

heavy vehicles. The load restraint

requirements will rarely be breached

due to passengers being part of the

load. The model clause will be


53 Cl.

68–70

& 71–

75

Minor, substantial and severe risk

breaches

The model law defines minor,

substantial and severe risk breaches

for mass, dimension and load restraint

in terms of whether they are below or

above respective limits. One state has

not adopted this approach on the

basis that the common law already

achieves this outcome.


HVNL.


54 Cl.

82–85

Authorisation to continue journey

The model law contains powers that

allow enforcement officers to

authorise the continuation of a journey

in spite of being responsible for a

minor risk breach and to direct the

rectification of minor risk breaches. In

one state, the powers to authorise the

continuation of journey and to direct

rectification where a minor risk breach

has occurred have been slightly

varied.


HVNL.

55 Cl. 91 Offences for consignors

The model law imposes obligations on

consignors. In one state, the offences

relating to consignors include an

express provision that the offence

does not capture those sending goods

by mail or by means of a parcel

service.

It is unlikely that customers of postal

services would be adversely affected

by the imposition of this obligation.

Therefore, the model law is to be

adopted in the HVNL and the

definition of „consignor‟ not

unnecessarily limited.

56 Cl.

96(2)

– (3)

Liability of consignees

The model law has provisions that

deal with the liability of consignees

when they are reckless or negligent

about their conduct in that it induces

or rewards a breach of a mass,

dimension or load restraint

requirement. In one state, behaviour

that is either reckless or negligent in

the context of offences for consignees

which in the model extends to

recklessness and negligent, are

further defined.


HVNL.


57 Cl. 98 Ability of the court to downgrade the

risk category

The model law gives a court the ability

to downgrade the risk category (e.g.

from a substantial to a minor breach) if

it is satisfied the breach does not

reflect a higher risk category breach.

One state has not adopted the model

law on the basis that it is

unnecessary.


HVNL. This provision clarifies that a

Court not convinced that a higher

category of offence has been

committed may treat the offence at

the lower category.

58 Cl.

129

Principles for imposing penalties

The model law includes a number of

principles that courts should take into

account when imposing penalties on a

guilty party. In one state that was felt

to be unnecessary as courts have

their own sentencing procedures and

principles.


HVNL. This provisions are general

principles and not provisions likely to

be inconsistent with jurisdictional

sentencing laws.

HVNL version 01V


4. Fatigue Chain of Responsibility

Re

f

Rule Issue Resolution

1 Cl. 9 One state has not implemented the

model law which defines the

relationship between fatigue laws and

occupational health and safety (OH&S)

laws on the basis that the same

outcome is achieved.

The HVNL will adopt the model law as

it defines the relationship between the

HVNL and OH&S laws. Doing so

provides certainty about the

interaction between these laws and

the obligations of parties under both

laws. In particular, it stresses that

compliance the HVNL will not

necessarily be sufficient to comply

with the general duties created by

OH&S laws.

2 Cl.

26–27

The definition of „fatigue‟ and „impaired

by fatigue‟ are either not defined or

defined differently to the model law in

some states. Further, two states have

not implemented law 26(2), which lists

matters that a court may take into

account in deciding if a driver is

fatigued. In NSW the definition for being

impaired by fatigue is different to the

model law and is set out as follows:

„The driver‟s ability to drive a vehicle is

affected by fatigue‟.


HVNL.

3 Cl. 28 In one state, the duty on the driver not

to drive while impaired by fatigue has

been varied to include attempts to

drive.


HVNL. The definition of „drive‟ for the

HVNL will include all control over the

vehicle‟s steering, movement or

propulsion.

4 Cl.

26–27

One state has not adopted the model

law which specifies that a complainant‟s

observation is evidence relating to

fatigue.


HVNL.

5 Cl. 8

& Cl.

187

C&E

Bill.

One state expressly allows more

onerous terms dealing with contracting

out of fatigue management

requirements to be allowed.


HVNL along with the Victorian

variation which provides that contracts

with stricter obligations than those set

out in the legislation cannot breach


the ‟modify‟ aspect in the law.

6 Cl.

35(1)

& (2)

In one state, the model law prohibiting

contracts that cause or permit driving

while impaired or in breach of work/rest

hours or that would encourage or

provide incentive has been varied so

that the actual entering into a contract

that may cause a breach is an offence

in itself.


HVNL.

7 Cl. 34 In one state, the model law has been

varied by not qualifying the phrase

‟ought to know‟. Further, that state

refers not only to the positive act of

doing something but also to omissions.


HVNL, but the law will be drafted to

refer to both acts and omissions.

8 Cl.

23–24

One state has additional matters that

are to be taken into account when

determining the questions „what are

reasonable steps?‟ and „what is the

reasonable steps defence?‟.


HVNL.

9 Cl.

23(1)

One state has varied the model law that

requires documents recording action

taken relating to risk to be kept for three

years, by not expressly requiring that

time period.


HVNL.

10 Cl. 44 One state restricts the reasonable steps

defence for drivers and operators for

breaching work/rest hours.


HVNL as the availability of the

reasonable steps defence for drivers

and operators is not to be limited.

11 n/a The model law recognises offences of

strict and absolute liability. Some

states have varied the nature of these

offences.

The model law distinction between

absolute and strict liability offences

will be retained in the HVNL.

12 Cl. 30 In one state, the duty on an employer,

prime contractor and operator to take

reasonable steps to ensure a schedule

won‟t cause or permit a driver to drive

while impaired by fatigue or breach

work/rest hours has been clarified so

that it is not necessary for a driver to

actually breach the fatigue laws for a

party to the chain of responsibility to

The HVNL will provide that it is not

necessary to prove an actual offence

by a driver for an offence by another

party to the chain of responsibility.


breach their duty.

13 Cl.

31(3)

The duty on a scheduler requires

allowance to be made in the schedule

for traffic conditions and other delays

that could reasonably be expected. One

state has not included that allowance.


HVNL.

14 Cl.

32(3)

The duty on consignors/consignees in

terms of consignment, is that they must

not ‟result in, encourage or provide an

incentive‟ to driver to breach. In one

state, the test is that the terms of

consignment do not ‟cause‟ a

contravention.


HVNL.

15 Cl. 92 In one state, a work diary exemption

can be granted to a class of people.


HVNL and only individual work diary

exemptions granted.

16 Cl. 91 The model law provides that

applications for exemption from

work/rest hours requirements can be

granted to an employer, prime

contractor, self-employed driver or a

class of persons. In one state, there are

no exemptions available from work/rest

hour requirements, and in another, the

exemption is granted to the driver, not

the employer or similar party.


HVNL.

17 Cl.

94(3)(

c)

In one state, an exemption for a

work/rest hours exemption can

commence on a date other than the

date on which the exemption is granted

(that is published in a gazette).


HVNL along with the variation. The

variation is appropriate as it allows

flexibility to the start date of the

exemption.

18 Cl.

95(5)

In one state, the regulator is required to

issue a new version of the relevant

instrument to the party who applied for

a varied accreditation or exemption.

This is in contrast to the model law

where there is no such provision.


HVNL but information statements are

to be provided to explain the variation

to the exemption.

19 n/a Exemptions for driving heavy vehicle for

personal reasons during rest.

There will be no exemption in the

HVNL allowing a driver to drive a

heavy vehicle for domestic or

personal reasons in breach of driving


hour requirements.

20 Cl. 89 A driver who is acting for an emergency

service who is attending an emergency

and has time-critical duties is exempt

from the driving hour and work records

requirements. In one state, such drivers

are also exempt while returning home.

The HVNL will adopt the variation and

allow drivers acting for emergency

services while returning home to be

exempt from driving hour and work

records requirements provided non-

compliance does not cause a safety

risk. It is important to note that the

exemption will not apply to the duty to

not drive while impaired by fatigue.

21 n/a In one state, an exemption is available

for those drivers working on bus

replacement services where there has

been a train failure.

The HVNL will not include a bus for

train replacement service exemption.

22 Cl. 40 One state has minor variations from the

model law dealing with the calculation

of time periods.


HVNL.

23 Cl. 57 The model law that deals with recording

information in a work diary has been

varied slightly in one state, in that it

does not expressly state the obligation

to record information until the next

major rest break as this is held to be

implicit.


HVNL.

24 Cl. 58 The legal requirement about how a

driver must record information in work

diary has been varied by one state

which allows for information in an

electronic work diary to be recorded in

accordance with both the Authority and

the manufacturer‟s instructions


HVNL.

25 Cl. 59 A drivers obligations relating to

destroyed, lost, stolen or malfunctioning

work diaries, are varied in one state

which includes an express obligation on

the driver to notify the Authority within

two business days of them becoming

aware that their work diary has been

lost, stolen or destroyed


HVNL.

26 Cl. 73 The way in which work diaries are

issued varies in one jurisdiction in that

the driver is not required to apply in


HVNL.


person, and the requirements on the

Authority with respect to unused daily

sheets and notes differ from the model

law.

27 Cl.

72(4)

One state has not adopted the law

relating to information in written work

diaries and duplicates.

The HVNL will not adopt the model

law as a statement that written diaries

will be duplicated is not a regulatory

requirement.

28 Cl.

109(2

)

In one state, instead of an officer

annotating a work diary if there is a

delay, such details are recorded in a

national intercept book.


HVNL.

29 Cl.

53(5)

In the model law employers, prime

contractors, operators and schedulers

need to ensure a driver complies with

the legal requirements when changing

work/rest options. In one state, these

requirements do not accrue to an

employer or prime contractor.


HVNL.

30 Cl.

74(3)

&

74A(4

)

There are a number of performance-

based variations in one state from the

model law requirements for an

electronic work diary (EWD).


HVNL.

31 Cl.

75(1)

Unlike the model law which only

requires an application for a variation or

cancellation of the approval of an EWD

to be in writing, one state requires

applications to follow a set format.


HVNL.

32 Cl. 75 In contrast to the model law, in one

state only the person who was granted

approval for an EWD can apply for a

variation or a cancellation of the

approval (the model law does not

specify who can apply).

The HVNL will provide that the holder

of an approval for an EWD may apply

for a variation or cancellation of the

approval. This is necessary as only

the holder of the approval should be

applying to vary or cancel the

approval.

33 Cl.

62(9A

)

Under the model law a record-keeper is

obliged to ensure that information from

an electronic diary is transferred to

them within 21 days (as well as driver

providing). In one state there is no such

The HVNL will recognise that

information in a EWD may not be

given to the record keeper in a

physical form and may be transferred

electronically.


requirement.

34 Cl.

75A

It is an offence not to remove an

approval label from a EWD if the

approval has been cancelled. The

offence is one of absolute liability with

the availability of the reasonable steps

defence. In one state, the offence is

categorised as being one of strict

liability.


HVNL with the offence being an

absolute liability offence subject to the

reasonable steps defence.

39 Cl.

76C

A document produced by an electronic

work diary is admissible as evidence.

Some jurisdictions rely on provisions in

their Evidence Act for the same effect

The HVNL will include evidentiary

provisions about documents made by

electronic work diaries.

40 Cl. 78 Under the model law an application for

BFM and AFM must include a

statement that the applicant has a

management system to ensure

compliance. Some jurisdictions have

not implemented this law, relying

instead on its inclusion in business

rules.


HVNL. The law will also require that

prior accreditation sanctions be

declared when making an application.

42 Cl.

115

Under the model law, obligations of the

authority to refer matters to the Fatigue

Authorities Panel (“FAP”) do not extend

to variation, revocation or suspension of

exemption. One jurisdiction has

extended the obligations of the

authority.

There will be no references to FAP in

the HVNL. Operational mechanisms

will be put in place to ensure the

continued ability of jurisdictions to

consult with the new regulator and for

jurisdictions to be able to impose

conditions on accreditation.

43 n/a One jurisdiction uses administrative

decisions to give effect to the FAP

provisions in the model law.

References to the FAP will be

removed from the HVNL.

44 Cl. 79

& 84

Under the model law, ATC is required

to approve accreditation certifications

for BFM and AFM. This presents some

practical issues if the certificate needs

regular or minor amendments.

The new regulator will be responsible

for approving the accreditation

certificates granted to operators.

46 Cl.

120

The model law lists the decisions that

may be reconsidered and reviewed,

including accreditation, and provides

that reasons be given for these

decisions. Some jurisdictions do not

require reasons to be given for


HVNL as part of the administrative

review laws which include rights to

reasons for decisions.


decisions with respect to BFM and

AFM.

47 Cl. 99 The model law provides for immediate

suspension of accreditation only if it is

necessary in the interests of public

safety. One jurisdiction allows

accreditation to be suspended on the

same basis as variation and

cancellation.


HVNL with the regulator having the

power to direct an immediate

suspension of an accreditation if

necessary in the public interest. The

regulator will otherwise just have the

power to vary or cancel an

accreditation.

48 Cl. 82

& 88

Under the model law it is an offence of

strict liability if an operator fails to

inform a driver/scheduler that

accreditation has changed or ceased.

One jurisdiction allows an operator to

raise the reasonable steps defence.


HVNL.

49 Cl.

121

The model law provides that the

authority must reconsider a decision

within 28 days of an application.

However, there is no outcome if it

doesn‟t reconsider the decision within

the timeframe. One jurisdiction provides

that failure to reconsider the decision

within the 28 days has the effect of

confirming the decision.

HVNL administrative review

provisions will have the effect that

subject to stays or extensions, a

failure to make a decision within the

specified time will be taken to be a

confirmation of the original decision.

50 Cl. 96 The model law provides the grounds for

cancellation or variation of an

exemption without application. One

jurisdiction has not implemented this

law as it views it as being unfair to the

exemption holder.

The HVNL will retain the power for the

regulator to cancel or vary an

exemption though a notice must first

be provided to the holder of the

exemption.

51 Cl. 99 Under the model law, suspension or

variation of accreditation or exemption

takes place 56 days after a written

notice is given. One jurisdiction has

varied this to 60 days.


HVNL.

52 Cl.

111

The model law identifies different

categories of offence and specifies

recommended penalties for offences.

While the categories of offence will be

retained, the quantum of penalties is

subject to the outcomes of the penalty

project.

53 n/a One jurisdiction has different provisions

from the model law about the allocation

The offences which are specified as

offences in the model law which incur


of demerit points for offences. demerit points will also incur demerit

points under the HVNL. This means

that only offences relating to actual

breaches of driving hour requirements

or driving while impaired by fatigue

will incur demerit points.

54 Cl.

25C

The model law provides that an

objective reasonableness test be

applied to determine causation relation

to duties in cl. 30–33. Some

jurisdictions have not implemented this

law.


HVNL

55 Cl. 19 The model law defines „loading

manager‟ as the person who manages

a premise where, on a usual business

day, at least five heavy vehicles are

loaded or unloaded. One jurisdiction

had included a method for calculating

the average number of vehicles that are

loaded or unloaded at a premise.

Further, premises are not required to

have been operating for 12 months.

This variation will be included in the

HVNL in the definition of „regular

loading or unloading premises‟.

58 The model law allows an officer to

direct a qualified person to move to a

suitable rest place where the vehicle is

being driven by a person affected by

fatigue. One jurisdiction allows an

officer to move or authorise another

person to move a heavy vehicle even if

they are not qualified to drive the

vehicle.

The HVNL will not allow a person to

move a vehicle without qualifications

unless necessary to move an

unattended vehicle to remove a safety

risk or obstruction.

59 Cl. 28 The model law provides that drivers

cannot be convicted for a breach of the

duty not to drive while impaired by

fatigue if they have already been

charged or convicted of a similar

offence under another law, such as

OH&S laws. Some jurisdictions have

not implemented this law, instead

relying on common law principles to

achieve the same policy outcome.


HVNL to ensure that drivers are not

convicted or two similar offences for

the same conduct.

60 Cl. The model law prescribes offences

relating to auditors. One jurisdiction has

The model law will be in the HVNL.


104 not included this law as offences

relating to auditors exist in other areas

of their regulations.

61 One state has does not include loaders

in the chain of responsibility for fatigue

offences.

The model law will be in the HVNL as

loaders activities may affect the work

times of drivers of heavy vehicles.

62 Cl. 57 The model law requires a change of

base to be recorded. Some

jurisdictions also require the driver to

record the time of a change of base.

The HVNL will not expressly require

the driver to driver a time of change of

base, but as the law will require the

driver to immediately record the

change in practice the time will be

recorded.

63 Cl. 67

Cl. 70

Removing papers or copies from a work

diary is an offence under both these

model laws.

This duplication will be removed in the

HVNL.

64 Cl. 82

Cl. 88

In one state the requirement that a

driver return accreditation documents

expressly extends to cover suspensions

of accreditation.

The HVNL will require accredited

operators to notify drivers and

schedulers of any suspension, end or

variation of the accreditation.

65 Cl. 93 When applying for an exemption, some

jurisdictions require a driver‟s details to

be included in the application.

This variation will be included in the

HVNL insofar as the driver‟s name will

be required. There will also be the

power for the regulator to obtain

further information if necessary.

66 Cl.

107


enforcement officer can allow for an

hour delay before a direction must be

complied with. In addition to taking an

immediate rest, this applies to a

direction to the driver to work reduced

hours for the next relevant period. It is

considered unnecessary to allow an

hour for the driver to comply with this

direction.

The model law will be amended to

ensure that the one hour delay before

complying with a direction is only

available when necessary.

67 Some jurisdictions require a driver to

provide documents about their driving

hours to a chain of responsibility party,

including details of their last 24 hours

work and rest time.

This variation will not be included in

the HVNL.

68 96 One jurisdiction includes additional

grounds for varying an exemption

The HVNL includes a number of

grounds for the regulator to vary or


without application by the holder of the

exemption.

cancel an exemption. These grounds

relate to the conduct of the exemption

holder.

HVNL version 01V


5. Heavy vehicle registration

Ref. Mode

l law

Issue Resolution

1 n/a Seasonal registration

Most jurisdictions have

arrangements for the seasonal

registration of vehicles which allow

vehicles to be used for primary

production at limited times of year

to be registered for this limited

time.

The HVNL will include provision

for seasonal registration.

Operators who are currently

entitled to apply for seasonal

registration will retain this

entitlement.

2 23 Written-off vehicles

The model law has limited

recognition of heavy vehicles being

‟written off‟.

Some jurisdictions have ‟written-off‟

vehicle laws applying to heavy

vehicles.


to impose obligations on

operators, insurers and wreckers

to report written-off heavy

vehicles. These provisions will be

consistent with existing

jurisdictional laws. The exposure

draft of the HVNHL will not

include these provisions as they

are still being developed.

4 17 Disclosure of information

The laws about the use and

disclosure of information in the

register of vehicles differ across

Australia. Privacy laws also differ

significantly.


ensure information is protected

without unnecessary constraints

on the use of information for

compliance, enforcement or

proper administration of the

HVNL.

5 12

7

Purpose of registration

The model law states that the

register of vehicles is not intended

to be evidence of title. A person

does not need to be the owner of

the vehicle to be the registered

operator.

Some jurisdictions also recognise

registered owners.

The model law will be included in

the HVNL and the register of

heavy vehicles will not be a

register of title – evidence that the

registered operator of a heavy

vehicle is the legal owner of that

vehicle.

6 29 Obligations of security interest The model law will be included in

the HVNL. The introduction of the


holders

The model regulations require

security interest holders who

repossess vehicles to notify the

registration authority. The

introduction of the Personal

Property Securities Register

(“PPSR”) law may affect this

requirement.

PPSR will not affect this

requirement and holders of any

security interest in a heavy

vehicle who take possession of

the vehicle will be required to

notify the regulator.

9

10

33

34

Suspension and cancellation

The model law allows for both the

suspension and cancellation of

registration.

All jurisdictions allow for

cancellation of registration.

However, not all jurisdictions have

allowed for the suspension of

registration.

The HVNL will adopt the model

law and include both registration

suspension and cancellation.

However, the HVNL will include

clarification of general grounds for

imposing registration sanctions.

11 28 Who may issue a defect notice

Presently a member of the police

force or the registration authority

may issue a warning or a defect

notice on discovering a defective

heavy vehicle issue.

The HVNL will retain this power

and expand it to allow officers

such as those from the

Environmental Protection Agency

to have the power to issue such

notices.

12 18 Exempt vehicles

Each jurisdiction has its own

provisions for exempting vehicles

from registration.

The HVNL will provide the power

NHVR with the capacity to

exempt heavy vehicles from

registration by a notice or permit.

This will be in addition to

regulations which exempt

vehicles from the requirement to

be registered.

13 38 Use of unregistered vehicles

The model law allows for

unregistered vehicles to be used in

certain circumstances.

The HVNL will recognise specific

authorised uses of unregistered

vehicles, such as vehicles using

trade plates or driving to be

registered.

14 39 Unregistered vehicle permits The HVNL will include a test to for

ensuring unregistered vehicle


While each state allows for the

issue of unregistered vehicle

permits, each takes a slightly

different approach.

permits are issued for appropriate

reasons and allow for maximum

duration of 28 days for these

permits.

15 19 Duration of registration

The model law currently allows

registration for 3, 6 or 12 months.


the HVNL.

16 17 Recording nominal configuration

One jurisdiction allows the driving

of heavy vehicle combinations

larger than the nominated

configuration if a temporary

configuration certificate has been

issued.

The HVNL will incorporate the

current model law provisions,

requiring the nominated

configuration to be recorded in

the register of heavy vehicles.

The temporary configuration

system can be accommodated in

administrative practice.

17 38 Dealer/trade plates

The model law currently does not

exempt local dealer/trade plates

within a jurisdiction.

The HVNL will exempt vehicles

operating under dealer/trade

plates from any jurisdiction.

19 20 Who issues number plates

Number plates are currently issued

within each jurisdiction. The NHVR

will need to issue plates for the

national scheme.

When the national heavy vehicle

registration scheme is

implemented it will be necessary

to introduce a new syntax for the

heavy vehicle plates. This will be

an operational decision for the

NHVR and the existing model

regulation can be incorporated

into the HVNL.

There will also be a provision in

the HVNL to allow for existing

plates to be registered under the

new scheme. This will allow the

registered operator to retain their

existing number plates until

registration is transferred or

cancelled.

20 15 Ownership of number plates and

other devices

The model law provides that

devices, plates and documents

The existing provision in the

model law will be included in

HVNL with registration items

issued by the regulator remaining


issued by the registration authority

for the purpose of authorising the

use of a heavy vehicle remain the

property of the authority. One

jurisdiction has varied this provision

to provide that only number plates

remain the property of the

authority.

the property of the regulator.

21 7A The model law expressly states the

principles of criminal responsibility

in the Commonwealth Criminal

Code do not apply to that law.

The Commonwealth Criminal

Code principles of criminal

responsibility will not apply to the

HVNL. The principles in each

jurisdiction, which are not

materially different, will apply and

there is no need for an express

provision that excludes the

Commonwealth law.

22 24 The penalties for registration law

offences differ across jurisdictions.

The penalties for the HVNL will be

resolved by the penalties project.

24 23 Change of details

The model regulations provide that

the registered operator of a heavy

vehicle must notify the registration

authority not more than 14 days

after a change in: (a) the vehicle‟s

garage address; or (b) the

operator‟s name, residential

address or address for service of

notices.

One jurisdiction has allowed the

operator 21 days.

The existing model law will be


25 30 Unpaid fees and charges

The model law provides that

unpaid fees and charges may be

recovered as a debt due to the

registration authority. Not all

jurisdictions have a corresponding

provision or use debt recovery to

collect these fees. Imposing

registration sanctions has been

more effective in these

The HVNL will include a provision

to allow for the NHVR to recover

unpaid fees and charges as a

debt.


jurisdictions.

26 25 Evidentiary provisions

Section 25 of the Model Act

provides that a court may admit as

evidence a document that appears

to be signed on behalf of the

registration authority certifying a

matter that appears in, or can be

calculated from, the register or

another record kept by the

registration authority.

All jurisdictions have different

provisions about evidentiary

certificates. These vary due to

local requirements and for

consistency with other local laws.

The existing model law provision

will be consolidated into the

HVNL.

27 7 Third-party insurance and eligibility

for registration

The model regulations recognise

that the jurisdictions have third-

party insurance arrangements and

make compliance with these

arrangements mandatory for a

vehicle to be eligible for

registration. The model regulations

also recognise that third-party

insurance may be required for

unregistered vehicle permits and

for vehicles exempt from

registration.

Some jurisdictions specifically

exempt some unregistered vehicles

from the requirement to have third-

party insurance.

The HVNL will recognise that

existing jurisdictional third-party

insurance schemes will continue.

The question of which vehicles

require compulsory third party

insurance will remain the

responsibility of each jurisdiction.

28 17 Third-party insurance information

The model regulations list the

information that must be recorded

in the register of heavy vehicles.

This includes the start date and

expiry date of the current policy

provided under third party

The HVNL will include details of

the third party insurance held by

the registered operator. This is

justified as the regulator must be

satisfied that the heavy vehicle

has third party insurance before

registering or renewing the


insurance legislation and the name

of the insurer. With the

establishment of a national scheme

the need for the regulator to collect

and record this information must be

justified.

registration of a heavy vehicle.

29 26 Emergency and application orders

The provisions for emergency and

application orders to be made are

now obsolete.

These provisions will not be


HVNL version 01V


6. Higher Mass Limits

Ref. Rule Issue Resolution

2 4 Accreditation

Under the model law, operators of

tri-axle group vehicles are required

to be accredited to operate in HML

mode.

One jurisdiction does not have this

requirement.


law. If a road manager does not

require that the heavy vehicle be

accredited then an authorisation

notice or permit may allow

operation of the vehicle.

3 6 Route restrictions

Under the model law, the authority is

empowered to impose route

restrictions.

One jurisdiction does not impose

route restrictions.


the HVNL. If a jurisdiction will

allow HML access on all roads

then the notice declaring the

routes can incorporate all roads in

that jurisdiction.

4 5 Maximum higher mass limits

The model law specifies maximum

higher mass limits for axle groups.

One jurisdiction permits higher mass

for some buses.


law.

5 9 Route compliance certificates

The model law provides mutual

recognition for operators permitted to

operate in the higher mass mode,

provided they comply with published

guidelines for route compliance in

that jurisdiction.

Only one state currently requires

route compliance certificates.

The power to issue access

conditions in the HVNL to allow

for route compliance certificates if

required by a road manager. The

mutual recognition provision will

not be required.

6 n/a HML permits

One jurisdiction provides for the

issue permits to authorise access to

HML routes.

The power to issue permits for

HML vehicles will be included in

the HVNL. This will be an

additional measure to provide the

regulator with some power to

minimise the impact of the „last-


mile‟ problem and allow vehicles

to operate on extra roads outside

the generally available HML

routes.

7 n/a Additional conditions on notices

One jurisdiction has the discretion to

impose additional conditions on

HML-eligible vehicles.

The regulator, and the road

manager when consenting to

access, will have the power to

impose conditions.

8 4 Road trains without road friendly

suspension

The model law provides that road

trains with wide single tyres may be

exempt from the road friendly

suspension requirement.

One jurisdiction has not included this

exemption.

The HVNL will retain the provision

of 6.7 tonnes for road trains with

wide single tyres.

10 n/a IAP as a condition of access

One jurisdiction expressly provides

for an approved intelligent transport

system in its definition of an eligible

vehicle.

This will not be included as a

specific requirement for HML

access in the HVNL. The HVNL

will allow for the imposition of IAP

conditions as access conditions.

11 9 Mutual recognition

The model law provides for mutual

recognition of vehicles permitted to

operate at the higher mass limits.

Not all jurisdictions have

implemented this provision.

Mutual recognition provisions for

HML will not be required in the

HVNL.

12 4 Definition of road-friendly

suspension

The model law provides that vehicles

may operate at higher mass limits if

the relevant axle groups have road-

friendly suspension.

One jurisdiction requires that the

entire vehicle has road-friendly

suspension rather than the axle


the HVNL.


group.

HVNL version 01V


7. Intelligent Access Program

Ref. Mode

l

claus

e

Issue Resolution

1 15

26

Disclosure of IAP information to police

The model law allows service providers

and TCA to disclose IAP information to

police under a warrant for law

enforcement purposes.

Some jurisdictions have varied this

provision, providing law enforcement

officers with greater access to IAP

information.


the HVNL.

2 25 TCA can collect, store, etc. information

for law enforcement purposes

The model law allows TCA to collect,

store, use and disclose IAP information

for law enforcement purposes.

One jurisdiction does not refer to law

enforcement purposes in its equivalent

provision.


the HVNL.

3 7 Definition of intelligent access condition

One jurisdiction has used the term

„intelligent access condition‟ (as

opposed to „IAP condition‟ in the model

clause) and has clarified its definition to

mean a condition requiring participation

in a program involving the use of an

intelligent transport system to monitor

compliance with a notice, permit or

condition.

The variation will be included in the

model law. However, it will be

linked to an „approved intelligent

transport system‟.

4 Definition of IAP information

The model law defines IAP information

as any information generated or

collected for any purpose related to

IAP.

This definition of „IAP information‟

has been amended to clarify that it

relates to the sensitive information

generated or collected by the IAP

system, and not for any purpose


One jurisdiction has varied to the

definition to clarify that not all

information collected for the IAP is

necessarily meant to be IAP

information.

related to IAP.

5 15 No ban on providing compliance reports

to persons other than the operator

The model law does not expressly ban

an IAP service provider from providing

a compliance report to a person other

than the operator.

One jurisdiction has varied this

provision to expressly provide that a

non-compliance report cannot be

provided to a third party, even when de-

identified.

The HVNL will expressly provide

that any information that suggests

that a noncompliance report has

been made cannot be released to

the participating operator.

6 11 Obligation to inform driver about IAP

monitoring

The model law provides that operators

must take reasonable steps to tell

drivers about IAP monitoring.

Some jurisdictions have prescribed the

approach the operator should take to

inform the driver.

The model law will be retained in

the HVNL.

The power for regulations to be

made to prescribe the form of a

notice or words for a contract will

be referred to the IAP maintenance

program. As a consequence,

regulations about the form may be

developed.

7 17(2)

28(2)

37(3)

Obligations to minimise instruction on

personal privacy

The model law provides that service

providers, TCA and IAP auditors must

take reasonable steps to ensure that

the collection of IAP information does

not intrude to an unreasonable extent

on personal privacy.


implemented these clauses, possibly

due to the obligation being difficult to

enforce in practice.

The model clauses will be included

in the HVNL. This item will also be

recommended for inclusion in the

IAP maintenance program.

8 n/a Limitation on use or disclosure of IAP

information for drivers not working

One jurisdiction has included an

This provision will not be included

in the HVNL. It should be noted

that various privacy laws already


additional provision to protect the

privacy of drivers.

apply to this issue.

9 19(3)

30(3)

39(2)

Provision of personal information to

person who has requested access

The model law provides that service

providers, TCA and IAP auditors must

provide personal information to a

person who has requested access

without undue delay or costs.

One jurisdiction allows 28 days, or

longer if required, to provide such

information.


HVNL to allow 28 days to provide

personal information when

requested by the relevant person.

10 17(1)

32(1)

41(1)

Ensure information is accurate, up-to-

date and complete

The model law provides that a service

provider, TCA and IAP auditors must

take reasonable steps to ensure IAP

information is accurate, up-to-date and

complete.

One jurisdiction has also required that

the information not be misleading.


in the HVNL.

It should be noted that, as IAP

information is generally

automatically generated, requiring

it not to be misleading imposes an

obligation that may not be possible

to satisfy.

11 17(4) No right of review

The model law does not provide a right

of review for decisions by IAP service

providers, TCA and IAP auditors to

correct personal information when

requested.

One jurisdiction has included a right of

review for these decisions.

The HVNL will include a right of

review for decisions not to correct

personal information.

12 27 Disclosure of information for research

purposes

Under the model law, TCA cannot

disclose or use IAP information for

research purposes if it contains



provision to allow for the use of

personal information if the relevant

The variation will be incorporated

into the HVNL. The clause will

require consent from the relevant

person to be in writing.


person consents.

14 12

13

Keeping record of reports of

malfunction by operators and drivers

The model law requires that a driver or

operator must report a malfunction of

the ITS to the authority. However, it

does not require that the authority keep

the record for any set period.

One jurisdiction has included a

requirement that these written records

be kept for four years.


the HVNL but varied to require that

malfunction reports be kept for 4

years. This will allow for the

records to be kept for sufficient

time to be available if during a

prosecution for breaching an

authorisation or exemption it is

alleged that the IAP system

malfunctioned.

17 31(2)

40(2)

Obligation to keep records of

transactions

The model law provides that TCA and

IAP auditors must organise records in a

manner that allows convenient auditing.

One jurisdiction has not implemented

these clauses.


in the HVNL.

18 10 Offence – providing false or misleading

information

Under the model law it is an offence for

an operator to provide false or

misleading information to IAP service

providers.


provision to include a reference to a

person on behalf of the operator.

The model clause will be adopted

in the HVNL.

19 18 Obligations to keep records of

monitoring

Under the model law, IAP service

providers must keep a record of the IAP

information it collects and organise it in

a way that allows for convenient and

proper auditing.


provision to require service providers to

keep records in a form approved by

TCA.


in the HVNL. TCA‟s certification of

IAP service providers can include

requirements for the collection and

organisation of information to

ensure convenient and proper

auditing.


20 29(2) Obligation to destroy IAP information

Under the model law, TCA must

destroy IAP information after one year

unless required as evidence.


provision to qualify evidence as being

evidence in court proceedings.

The clause in the HVNL will require

TCA to keep information for a

longer period than that one year if

the information is required as

evidence.

21 42 Reporting breaches by IAP service

providers

Under the model law, an IAP auditor

must report a breach by an IAP service

provider to TCA.

One jurisdiction has varied the

provision to include ‟reasonable

grounds‟ to suspect a breach.

The existing model clause will be

included in the HVNL and IAP

auditors required to report known

breaches or anything that indicates

that an IAP service provider has

breached an obligation under the

IAP provisions in the HVNL.

22 35(8) Auditor duties in regard to

use/disclosure of information

Under the model law, the IAP auditor

must retain record of use/disclosure of

information for two years.


provision to require records be kept for

seven years.

The model clause will be included

in the HVNL with records to be kept

for two years.

23 32

41

TCA & IAP auditor obligations to correct

errors

Where TCA or an IAP auditor rejects a

request from an operator or service

provided to alter personal information,

they must attach any statement from

that person if requested.


provision to specify the statement by

TCA or the IAP auditor must explain

their view on the accuracy,

completeness, currency or effect of the


The HVNL will include a right of

review for decisions not to correct

personal information. The model

law will otherwise be included in

the HVNL.

24 30 TCA obligation to make individuals

aware of personal information held

The model clause will be included

in the HVNL and no obligation will


Under the model law, there is an

obligation on TCA to make publicly

available a document about the way in

which it manages personal information.

One jurisdiction has imposed a similar

obligation on IAP auditors.

be imposed on IAP auditors, who

are likely to be agents or engaged

by TCA, to provide such a public

statement

25 Part 9 Evidence provisions

Part 9 relates to evidence including

certificates by authority, certificates as

to intelligent access maps, etc.


implemented these clauses, using local

evidence laws instead.

The model provisions will be

included in the HVNL as part of the

evidence laws.

26 n/a Rebuttal of matters of specialised

knowledge

One jurisdiction has included a specific

provision regarding the use of expert

evidence to rebut IAP information.

The HVNL will not include this

specific provision as each

jurisdiction‟s evidence law will

regulate the admissibility of expert

evidence.

27 n/a IAP service provider obligation to give

noncompliance reports

One jurisdiction requires TCA to

provide IAP service providers with

specific information about non-

compliance report requirements.

This will not be included in the

HVNL.

28 n/a Corporation may specify IAP conditions

In some jurisdictions an operator can

request IAP conditions to be imposed.


HVNL. There is nothing however

to stop an operator proposing that

an IAP condition be imposed as

part of an application for access.

29 Strict liability offences

The model law only creates strict

liability offences.

Some jurisdictions do not expressly

state that offences are strict liability

offences.

The HVNL will not expressly state

whether offences are absolute or

strict liability offences. Instead,

defences will be excluded if

necessary.

30 n/a Breaches by TCA

In one jurisdiction, TCA is subject to


HVNL as TCA is a government


penalties if it fails to comply with its

obligations.

owned entity.

32 n/a Specific offence for breach of IAP

condition

One jurisdiction has included an

offence for breach of an IAP condition.

The HVNL will include an offence

for breach of access conditions,

which will include IAP conditions.

There is no need for a separate

offence for breaching an IAP

condition.

33 36 IAP auditor powers

The model law gives IAP auditors

powers to collect, store, use and

disclose information for specific

purposes. It also allows regulations to

be made to prescribe additional

circumstances.

Not all jurisdictions have implemented

this additional regulation-making power.

The HVNL will not include a

regulation making power but will

recognise that other laws may

authorise the use or disclosure of

IAP information.

HVNL version 01V


8. Mass and loading

Ref. Mode

l law

Issue Resolution

1 5 Areas to which the law applies

The model law applies to heavy

vehicles operating on roads or

road-related areas. Some

jurisdictions have not included

road-related areas, while others

have a different definition of roads.

The HVNL will use the concepts of road

and road-related area consistently.

2 6

7

8

Who is liable for vehicles and

combinations

The model law uses the term

„owner‟ to describe the person who

is not necessarily driving the heavy

vehicle but is responsible for and

benefits from its operation on

public roads.

Some jurisdictions use the more

modern term „operator‟ to describe

the person responsible for a

vehicle.

The HVNL will generally apply to the

operator of a heavy vehicle.

3 5 Use of GVM or GCM to determine

which vehicles are covered by the

reform

The model law applies to vehicles

exceeding 4.5 tonnes GVM or a

combination which includes such a

vehicle.


model law to include combinations

with a GCM exceeding 4.5 tonnes,

which covers light vehicles used in

combination without a heavy

vehicle.


HVNL, with jurisdictions using their own

laws to regulate mass and loading

requirements for combinations not

including at least one heavy vehicle

with a GCM greater than 4.5 tonnes.

4 1.3 Fixing specific mass limits for

general access

The table in the model law included in

the HVNL with axle spacing mass limits


The model law includes a table

outlining the mass limits relating to

axle spacing.

In 2003, TACE endorsed the

inclusion of axle spacing mass

limits in the model regulations for

vehicles over 42.5 tonnes (B-

doubles and road trains). Not all

jurisdictions have implemented this

change.

up to 46.5 tonnes.

5 n/a Special mass limits

One jurisdiction currently has a

special mass limits provision which

appears to allow the authority to

specify mass limits for vehicles for

which mass limits have not

otherwise been specified.

This provision will not be included in the

HVNL as the variation appears to be

relevant only to light vehicles.

6 1.2 Higher mass limits for axles

One jurisdiction has some higher

mass limits in its legislation than

the model law for the mass limits of

single axles and axel groups.


HVNL, however will be amended to

capture nationally approved

amendments to cover ultra-low floor

buses.

Other variations can be accommodated

by notice.

7 1.2 Retractable axles

One jurisdiction has a limit of 6.5

tonnes for tandem axles (compared

with 6 tonnes in the model clause),

and 13 tonnes for tri-axle groups

(compared with 11 tonnes in the

model clause).

This variation arises from a change

in the Australian Design Rules.

The model law will be updated to reflect

the new limits and included in the

HVNL.

8 n/a Weighing methodology

One jurisdiction has provisions

about the method of determining

wheel loads, axle loads, total mass

and use of weighing devices.

This variation will not be included in the

HVNL as this matter is best addressed

in enforcement practices.


9 Definition of GVM and GCM


definitions and does not refer to the

authority specifying the GCM or

GVM if the manufacturer cannot be

identified. This variation has no

material effect.

The definitions of GVM and GCM in the

HVNL will include reference to the

regulator specifying the GVM or GCM if

the vehicle is modified or the relevant

mass is not stated on the vehicle

identification plate.

10 2.2

2.3

2.4

Side projections and warning

signals

The model law contains specific

requirement s for side, rear and

dangerous projections.

Some jurisdictions do not require

warning signals for rear projections

and have not implemented the

dangerous project provisions.


HVNL. Dangerous and rear projections

should be subject to consistent

regulation across Australia.

11 9 Reference to the Load Restraint

Guide

The model law refers to an

outdated version of the guide.

The HVNL will refer to the 2004 version

of the Load Restraint Guide. The

clause will also be amended to include

information on where the guide can be

accessed and include the phrase ‟as

amended from time to time by the ATC‟.

12 Definition of a load

One jurisdiction has a more

detailed definition of load than the

model law.

The HVNL will include a single

definition of „load‟ which will include all

goods and people in the vehicle, all

things carried for the normal operation

of the vehicle and personal items.

13 n/a Towing restrictions

While not covered in the model

law, most jurisdictions include

restrictions for towing multiple

vehicles unless authorised to do

so.

Provisions addressing towing

restrictions will be included in the

HVNL. These provisions will also allow

for exemptions from such restrictions.

14 Complying buses

An amendment package to the

model laws recognises mass limits

for complying buses. Most

jurisdictions have implemented this

amendment package.

The HVNL will incorporate the

complying bus provisions. There will

also be an amendment to the table

which specifies mass limits for single

axles and axle groups.


15 n/a Mass restrictions for roads

One jurisdiction provides that a

road authority may impose mass

restrictions for a particular road by

placing a notice on or near the

road.

The HVNL does not need to provide for

mass restrictions for specific roads.

This issue is best managed by road

management legislation in each

jurisdiction.

16 11 Multiple offending

One jurisdiction has not

implemented this provision as it

believes it is implicit and already

covered by the common law.

The HVNL will have provisions to cover

multiple offences with respect to

different mass limit breaches for one

vehicle or combination occurring at the

same time.

17 10 Penalties

There are different penalties for

mass and loading offences across

Australia.

The penalties for the HVNL will be

resolved in the penalties project.

HVNL version 01V


9. National Heavy Vehicle Accreditation Scheme (NHVAS)

Ref. Mode

l

Claus

e

Issue Resolution

1 n/a Relationship between model legislation

and NHVAS business rules

The model legislation for this reform is

relatively small and out of date. Many

events, such as the introduction of BFM

and AFM modules in the Model Heavy

Vehicle Driver Fatigue Bill and the new

NHVAS business rules will require

changes to the legislation.

The HVNL should regulate

accreditation (along with the

NHVAS business rules.

Accreditation includes important

rights and responsibilities and

should be covered by legislation.

2 n/a Membership voluntary for operators

The requirement to be accredited is

linked to concessions/benefits in most

jurisdictions. These differ across the

jurisdictions.

Additionally, WA has its own

accreditation scheme and requires load

carrying RAVs to be accredited.

The accreditation scheme will need

to be managed by the NHVR and

regulated by the HVNL.

Membership of the NHVAS will be

voluntary and be linked to

regulatory benefits.

3 17 Mutual recognition of schemes


accrediting agency must recognise

decisions from another agency.


implemented this clause.

The model law will not be included

in the HVNL as it will be a national

law.

4 14 Agreement between agency and

operator

The model law states that an

accrediting agency must enter into an

agreement with the operator.

Jurisdictions have not implemented this

provision as accreditation is not a

contract-based scheme.

The model clause will not be

included in the HVNL. The

accreditation will not be enforced

by contract, but by legislation.


6 16 Suspension, cancellation or variation of

accreditation

The model law outlines the grounds for

suspension, variation or cancellation of

accreditation.

One jurisdiction has included additional

grounds for imposing an administrative

sanction.

The HVNL will adopt the variation

and include a range of grounds for

imposing sanctions for

accreditation. Immediate

suspension as well as cancellation

will be available to the regulator.

8 10 Term of membership

Under the model law, the accrediting

agency may prescribe the term of

accreditation.

There are minor differences in the

drafting of this provision across

jurisdictions and the NHVAS business

rules now cover durations for

accreditation.

The maximum duration of three

years as set out in the NHVAS

business rules will be included in

the HVNL.

9 6 Applications for accreditation

The model law outlines who may apply

for accreditation and the information the

application must contain.

There are some minor jurisdictional

drafting variations.

The HVNL will include a standard

set of provisions for applying for

any accreditation module, with

additional requirements for specific

modules as necessary.

10 7 Accreditation

The model law outlines what should be

considered in order to determine if an

operator is appropriate to be

accredited.

Some jurisdictions have made a few

minor amendments to the drafting of

this provision.

This clause will be updated in the

HVNL to align with the fatigue

model legislation.

11 16 Imposing sanctions

The model law outlines the procedures

for imposing sanctions.

One jurisdiction has made a few minor

amendments to the drafting of this

This clause will be updated in the

HVNL to align with the fatigue

model legislation. There will a

single body of law about imposing

accreditation sanctions.


provision.

12 8 Recognition of auditors

The model law provides that the

accrediting agency may consider an

audit report by an appropriately

qualified person.

This provision has been superseded by

more recent ATC approvals, such as

approval of RABQSA certified auditors.

The HVNL will require that auditors

be of a class approved by the

Ministerial Council – the Australian

Transport Council. This will

preserve existing arrangements.

HVNL version 01V


10. Oversize Overmass (OSOM)

Ref. Mode

l

claus

e

Issue Resolution

1 7 Use of notices

The model law allows for the issue of

notices to authorise specified Class 1

vehicles access to the road network

without the need to obtain a permit.

Some jurisdictions use a different

approach to achieve a similar outcome.

For example, some jurisdictions issue

exemptions which are not dissimilar to

notices.


the HVNL with notices published in

the Commonwealth Government

Gazette available to authorise

access to operators of types of

Class 1 vehicles in lieu of each

operator obtaining a permit.

2 8

10

Requirements covered by notices and

permits

Under the model law, the conditions

that must be included in a permit or

notice are set out in the schedule, and

imposed by operation of the law.

Jurisdictions that do not recognised

Class 1 vehicles tend to include

requirements in the legal instruments

that grant access.

The schedule will be adopted in the

HVNL as part of Mass, Dimension

and Loading regulations.

3 15 Exemptions in emergencies

The model law allows the authority to

grant an exemption from requirements

in the event of emergency. Oral

communication is limited to the

operator.


provision to include oral notification to

the driver.


HVNL.

4 7

8

Exemption from requirements

The model law does not have an

express power to provide exemptions

The HVNL will allow greater

flexibility for the regulator in

specifying conditions for Class 1


from the schedule.

One jurisdiction has varied its

legislation to provide an express power.

exemptions, the prescribed

conditions currently in the

Schedule to the model law will

continue to be the standard

conditions.

5 5 Vehicles to which the law applies

Under the model law, application is

limited to vehicles with GVM exceeding

4.5 tonnes.

One jurisdiction has widened the

coverage to include combinations with

a GCM exceeding 4.5 tonnes.


the HVNL. Vehicles that are not

heavy vehicles will be subject to

jurisdictional laws.

6 7 OSOM vehicles standing on roads

The model law provides for the

regulation of Class 1 vehicles when

operating on roads.

One jurisdiction has a variation that

allows for exemptions to apply to Class

1 special-purpose vehicles while they

are standing.


the HVNL.

8 10 One permit per vehicle

The model law seems to limit a permit

to one vehicle or combination. Some

jurisdictions allow for permits to be

issued for more than one vehicle or

combination.

Under the HVNL permits may be

issued for more than one vehicle.

9 10 Contents of a permit

The model law outlines what must be

included in a Class 1 notice or permit.

Some jurisdictions have expressly

specified that the registration number of

the vehicle covered by the permit must

be included.


the HVNL but not require the

registration number of the

vehicle(s) if a person other than the

operator applies for the permit.

This aligns with the proposal to

broaden the scope of who may

apply for a permit.

10 8 Duration of a notice

The model law does not specify the

duration of a notice.

One jurisdiction has specified a five-

The five-year limit will be adopted

in the HVNL.


year limit for notices.

12 Regulation of pilot/escort vehicles and

drivers

There are different rules in the

jurisdictions about who may operate a

pilot or escort vehicle and work as a

pilot or escort of heavy vehicles.

The HVNL will not expressly

specify who may be a pilot or

escort. Further work is being

undertaken to introduce consistent

rules about who may be a pilot or

escort.

13 1.7

1.8

4.6

Travel restrictions

The model law specifies particular

travel restrictions applying to Class 1

vehicles including restrictions on night

travel, travel in low visibility conditions

and use of freeways.

There are number of variations across

the jurisdictions.

The model law will be adopted in

the HVNL.

1 n/a Access conditions

Jurisdictions have a number of access

conditions expressly required in their

legislation. Examples include requiring

IAP, compensation and security for

damage to road infrastructure, and

allowing following vehicles to overtake.

The HVNL will include the standard

conditions from the Schedule but

will also allow the regulator to

specify other conditions, including

access conditions required by road

managers.

15 2.2

3.2

3.3

4.2

Mass limits

The model law specifies the maximum

mass limits for special-purpose

vehicles, agricultural vehicles and load-

carrying vehicles.

There are a number of variations

across jurisdictions which generally

allow higher limits than those specified

in the model law.


the HVNL. Other mass limits will be

preserved by notices.

16 4.3 Rear overhang rules for augers

The model law specifies that the rear

overhang must not exceed 5.5 m for

augers or conveyors.

One jurisdiction allows a rear overhang

of 8 m and a maximum length of 16 m

The variation will be adopted in the

HVNL.


for augers or conveyors.

17 6.3 Warning lights

The model law provides warning lights

to be on if required.

One jurisdiction requires that warning

lights be permanently wired.


HVNL.

18 4.9 Rear mirrors exemption

Under the model law, vehicles towing

agricultural implements are exempt

from the requirement for rear-vision

mirrors.

Victoria has not implemented this

provision as it is covered by conditional

registration.


HVNL. Instead, the HVNL will

follow the Victorian approach.

19 1.9 Minimum following distance

The model law specifies that there must

be a gap of 200 m between oversize

vehicles.

One jurisdiction has not included this

requirement as it overlaps with

Australian Road Rule 127.


the HVNL.

21 1.1 Mass limits


mass limits based on tyre widths.

One jurisdiction limits mass based on

tyre pressure.


the HVNL.

22 1.3 Making an unloaded vehicle smaller

Under the model law, an oversized

vehicle without a load must be reduced

to the smallest size practical.

Some jurisdictions impose this

requirement as a permit condition.


the HVNL.

23 3.5 Rear marker plate

Under the model law, rear marker


the HVNL, with reference to

Vehicle Standards Bulletin VSB 12


plates must comply with ADR 13/100.

The Australian Vehicle Standards Rules

(AVSR 119) also cover rear marking

plates.

Some jurisdictions have amended this

clause to refer to AVSR 119 or just rely

on AVSR 119 to impose this

requirement.

(as per AVSR 119).

24 7.2

6.1

5.3

1.1

Warning devices

The model specifies various

requirements for warning devices.

One jurisdiction has varied the model

provisions to allow a different-colour

warning light to pilot as well as escort

vehicles. It has also varied the 3 metre

rule, instead exempting mobile cranes

less than 3.1 metres wide.

The model law will be amended to

allow pilot vehicles to have flashing

yellow lights and an escort to be a

police or authority vehicle. The 3.1

metre rule will also be adopted for

mobile cranes.

25 1.2 Dimension limits


dimension limits for OSOM vehicles.

One jurisdiction has varied the clause

to provide for vehicles such as a semi-

trailer with a tri-axle group to be loaded

with baled hay up to a height of 4.6

metres or a width of 3 metres.


the HVNL.

26 1.10 Route assessment

The model law provides that a driver or

operator must be satisfied a route has

been assessed before driving a vehicle

along the route.

Some jurisdictions have a more

detailed provision while others have not

implemented this provision due to

concerns regarding enforceability.


the HVNL.

27 3.5 Markings for special-purpose vehicles

The model law outlines specific marking

requirements for special-purpose

vehicles that must be displayed if


HVNL.


practicable to do so.

One jurisdiction does not qualify the

requirement.

28 4.3 Width of agricultural machines

The model law provides that maximum

width limits for vehicles operating in

different areas (categories).

Some jurisdictions have provided for

additional categories.

The HVNL will retain the categories

in the model law but allow for

notices and permits to authorise

different widths.

29 4.5 Pilot vehicle requirements for

agricultural vehicles

The model law specifies that when

agricultural vehicles require a pilot

vehicle and how many pilots are

required.


requirement to allow for labour

shortages in rural areas.


the HVNL.

30 1.1 Measuring tyre width

The model law specifies how tyre width

is to be determined for mass limits

relating to tyre width.

Not all jurisdictions have implemented

this clause.


the HVNL.

31 2.3 Minimising width

The model law requires load-carrying

vehicles to be loaded so as to minimise

width.

In some jurisdictions this is a standard

permit condition.


in the HVNL.

32 Part 4 Agricultural vehicles traveling under

notice

One jurisdiction does not provide for

notices for agricultural vehicles as the

volume of permits is sufficiently low not

to require this administrative

The HVNL will recognise notices

for agricultural vehicles.


mechanism.

33 5.6 Location of pilot vehicle

The model law specifies where a pilot

vehicle must travel, taking into account

traffic speed, weather, visibility and

other driving conditions.

Some jurisdictions have removed the

need to take into account traffic speed,

weather, visibility and other driving

conditions. These are covered in their

permit conditions.


the HVNL.

34 5 Exclusion of other class vehicles

The model law specifically excludes

road trains, B-doubles and vehicles

carrying loaded or empty freight

containers.

Some jurisdictions do not expressly

exclude road trains and B-doubles.

The HVNL will clearly distinguish

Class 1, Class 2 and Class 3

vehicles.

35 13 Multiple mass limits

Under the model law, if more than one

mass limit applies, the lowest limit must

be complied with.


implemented this clause as they regard

common law as having the same effect.


the HVNL.

36 Offences and penalties

There are different penalties across

jurisdictions.

The penalties project will resolve

the penalties for HVNL offences.

37 12 Failure to comply with a condition

Under the model law it is an offence if a

condition of a notice or permit is

breached.

Victoria has varied the clause to

provide that a failure to comply with a

relevant requirement of the schedule is

an offence.


the HVNL.


38 n/a Displaying an unnecessary warning

sign

Victoria has a specific offence for

displaying a warning sign when not

required.

This offence will be included in the

HVNL.

39

40

1.11 Drivers not required to carry documents

The model law does not make it

mandatory for a permit to include the

condition that a driver must carry

documents.

One jurisdiction has a specific offence

for failing to carry documents. Another

jurisdiction allows for an exemption

from carrying documents for both

notices and permits.

Under the HVNL, drivers will be

required to carry permit

documents, unless exempted, but

not required to carry notices unless

expressly required by the notice.

41 8.3

8.4

Measuring distance and retractable

axles

Under the model law, these clauses

provide clarity regarding measurement

of the distance between parallel lines

and when a retractable axle is to be

taken not to be retractable.

At least one jurisdiction has not

implemented these provisions as they

are regarded as unnecessary.


the national law.

HVNL version 01V


11. Restricted access vehicles

Ref. Model

law

Issue Resolution

1 9

15

Use of notices

The model law allows for Class 2

or 3 notices to be issued to

authorise access to the road

network without the need to obtain

a permit.

Some jurisdictions use guidelines,

exemptions or similar instruments

to achieve a similar outcome.


HVNL as the process of allowing Class 2

and 3 vehicles access to the road

network needs to be consistent across

Australia.

2 Consistency with OSOM

The model law introduces the idea

of vehicles subject to the oversize

and overmass (OSOM) vehicles

reform being called Class 1

vehicles. This distinguishes these

vehicles from Class 2 and Class 3

vehicles which are covered by this

reform.

The terms ‟Class 1‟, ‟Class 2‟ and ‟Class

3 vehicles‟ will be retained in the HVNL.

3 5 Use of GVM or GCM to determine

which vehicles are covered by the

reform

The model law states at least one

vehicle in a combination must have

a GVM over 4.5 tonnes (a heavy

vehicle).

One jurisdiction has widened the

coverage to include combinations

with a GCM exceeding 4.5 tonnes.

This means a combination without

a heavy vehicle is covered by the

jurisdiction‟s version of the model

law.


HVNL.

Jurisdictions will use their own laws to

regulate mass and loading and

associated requirements for

combinations with a GCM greater than

4.5 tonnes which do not include heavy

vehicles.


4 19 Consideration of NTC guidelines

for Class 3 permits

The model law states the

guidelines containing the

Exemptions from Mass and

Dimension Standards must be

taken into account when issuing

Class 3 notices or permits.

No jurisdiction has included this

requirement in their legislation.

Additionally, the Standards have

not been updated since 1995 and

are not widely available.

The model law will be amended when

consolidated into the national law to

reference guidelines approved by the

Ministerial Council for the purpose of

making decisions and will be extended to

cover Class 2 and 3 vehicles.

5 12 Class 2 notices/permits and

conditions

The model law restricts the power

of the authority to impose

conditions on Class 2

notices/permits to areas or routes

and the time of day the vehicle is

not permitted to operate.

Jurisdictions have allowed for other

conditions to be imposed

facilitating greater flexibility in

granting access for Class 2

vehicles.

The HVNL will allow the regulator to

impose a wide range of conditions on

Class 2 notices and permits.

It should be noted these conditions will

be open to some administrative review

provisions.

6 17 Class 3 permits and express

conditions

The model law allows the authority

to grant a Class 3 permit subject to

conditions, such as the areas or

routes to which the permit applies.


reference to IAP conditions in lieu

of an express reference to route

and area conditions.


HVNL. An IAP condition can be imposed

as an access condition if route or area

restrictions are required by the road

owner.


7 n/a Inclusion of operational matters in

notices

The model law does not expressly

specify conditions to be included in

notices.

Some jurisdictions impose in their

legislation a number of conditions

with respect to the operation of

road trains, B-doubles and other

Class 2 vehicles.

The model law will be used for the HVNL;

specific conditions for Class 2 vehicles

will not be included in the law.

Instead, conditions for Class 2 notices

and permits will be determined by the

regulator.

8 12 Class 2 vehicles exempt from mass

and dimension limits

In the model law, there is no

express power to exempt Class 2

vehicles from mass and dimension

limits.

One jurisdiction has included this

power in its legislation.


HVNL. Any vehicle or combination used

for the freight task could be exempted

from mass and dimension limits by Class

3 notices or permits.

9 24 Emergencies

The model law allows for

exemptions from the regulations in

the case of emergencies.

One jurisdiction has allowed oral

notification of these exemptions to

the driver (whereas the model law

only allows for oral notification to

the operator).

The model law will be amended when

consolidated into the HVNL to provide for

oral communication to both the driver

and the operator.

10 13

18

What information is required on a

permit

The model law outlines what must

be included in a notice or permit.

Some jurisdictions have expressly

specified that the registration

number of the vehicle covered by

the permit must be included.


HVNL but not require the registration

number of the vehicle(s) if a person other

than the operator applies for the permit.

This aligns with the proposal to broaden

the scope of who may apply for a permit.


11 13 Duration of notice/permit

The model law allows for specifying

the duration for a permit or notice.

Some jurisdictions have restricted

the duration of notices and permits.

For example, one jurisdiction has

limited the duration of notices and

permits to five years and 12

months, respectively, to ensure

these instruments are reviewed on

a regular basis.

The HVNL will allow for a maximum

duration of three years for a permit. The

HVNL will also have a power to revoke,

amend or cancel a permit when there is a

good cause for such action.

Notices will have a maximum duration of

five years.

12 18 Driver carrying a copy of a

notice/permit

The model law provides that a

driver may not be obliged to carry a

copy of the applicable notice or

permit.


adopted this clause and do not

allow exemptions from the

requirement to carry documents.


HVNL and allow for exemptions from

drivers carrying notices or permits.

13 Specific definitions of Class 2 and

Class 3 vehicles

The model law defines a Class 3

vehicle as a restricted access

vehicle other than a Class 1 or

Class 2 vehicle.

Some jurisdictions have developed

a more detailed definition of a

Class 3 vehicle.

The HVNL will define a Class 3 vehicle

as a vehicle that exceeds mass and

dimension requirements but is not a

Class 1 vehicle.

Note that Class 2 vehicles do not exceed

mass and dimension requirements.

14 8 Offence to drive/operate vehicles

except in accordance with

conditions of a notice or permit

Some jurisdictions have varied this

provision to be consistent with the

subsequent Compliance and

Enforcement (C&E) reform.

The provisions in the C&E Bill and the

model law will be consolidated so there is

one provision about the offence for

driving/operating a vehicle in breach of a

condition of a notice or permit.


15 22 Prosecution for a breach of a Class

3 notice/permit

The model law provides that a

driver or operator may not be liable

for prosecution for a breach of a

condition of a notice or permit

under the RAV regulations, but

may instead be liable for

prosecution under the Mass and

Loading Regulations or the Vehicle

Standards Regulations for breach

of the mass and dimension

requirements that would have

applied if the Class 3 notice or

permit had not been issued.

One jurisdiction has not

implemented this clause.


HVNL.

16 22 Level of penalties

There are different penalties for

offences across jurisdictions.

The NTC is developing proposals for

penalties for the HVNL.

17 22 Offences and penalties

Some jurisdictions have different

offences due to differences

between their law and the model

law.

The NTC is developing proposals for

penalties for the HVNL.

18 6 Roads and road-related areas

The model law outlines the areas

to which the law applies. Not all

jurisdictions use the same

definitions.

The HVNL will include a single definition

of road and road-related area which is

consistent with the Australian Road

Rules.

HVNL version 01V


12. Speeding chain of responsibility

Ref. Mode

l

claus

e

Issue Resolution

1 29 Method of taking reasonable steps

The model law describes a way in

which a person may be considered to

have taken reasonable steps.

One jurisdiction has turned this clause

into a positive duty and requires parties

in the chain of responsibility to follow

the described process.


the HVNL.

3 30 Additional matters concerning taking

reasonable steps

The model law lists matters that a court

may take into account in deciding

whether reasonable steps were taken.

In one jurisdiction, the ability of the

person to manage risk (either

personally or through an agent) is not

included.


the HVNL.

4

12

32

18

Duty to ensure offences not committed

Under the model law, it is not

necessary to prove a driver exceeded

the speed limit for a chain of

responsibility offence to be proved.

One jurisdiction has implemented the

clause but has expressly excluded a

model clause 18 offence which is

committed if a driver, controlled by the

relevant party, commits a speeding

offence.

The HVNL will clarify that the chain

of responsibility offence for a driver

speeding is dependent on the

driver being guilty of a speeding

offence.

5 Absolute and strict liability offences

Some jurisdictions do not follow the

Commonwealth Criminal Code

approach of specifying whether

The HVNL will have a uniform

approach to absolute and strict

liability offences


offences are either strict or absolute

liability offences.

6 31 Deciding if a person ought to have

reasonably known

The model law sets out the method for

determining what a person ought to

have reasonably known.

Not all jurisdictions have included this

provision.

This provision will be included in

the HVNL.

7 11

12

Causation

The model law includes express

provisions about causation: intention

irrelevant and „cause‟ includes

contributing and encouraging.

No jurisdiction has implemented these

express provisions, noting that these

issues are covered in common law.

The HVNL will include these

provisions in the interest of national

consistency.

8 N/A Obligation of consignor/consignee

One jurisdiction includes a qualification

on the duty of a consignor/consignee to

assess and manage the risk of

speeding, linking it carrying on

„prescribed business‟.


the HVNL.

9 N/A Duty relating to acts and omissions

One jurisdiction expressly refers to both

acts and omissions in it provisions

imposing the various duties on parties

to the chain of responsibility. It clarifies

that an omission as well as an act can

be a breach.

The HVNL will apply to both acts

and omissions.

10 4 Definitions

Some jurisdictions have made

variations to the definitions.

The model law definitions, subject

to changes to reflect consolidation

of the model laws, will be included

in the HVNL.

11 17 Duty concerning business practices

The model law imposes a duty that a

third party‟s business practices will not


the HVNL.


cause a driver to speed.

In one jurisdiction, the reference to

making reasonable enquiries has been

varied to being ‟satisfied on reasonable

grounds‟.

13 N/A Contracting out prohibited


provision prohibiting entering into

contracts to avoid the law. This is

similar to clause 187 in the Model

Compliance and Enforcement Bill.

The HVNL will include a general

provision which prohibits any

contracts or agreements that

purport to avoid any provisions of

the law.

14 Penalties

There are different penalties for the

offences between jurisdictions.

These will be addressed as part of

the penalties project.

15 35 Offences

The model law has provisions which

determine what constitute first, second

or subsequent offences.

One jurisdiction has not implemented

this provision. It also clarifies that any

Part 2 offence is to be counted in

calculating subsequent offences.

The HVNL will have one provision

about deciding whether an offence

is a second or subsequent offence.

HVNL version 01V

Documents

Appendix A Non RIS Items - National Transport Commission38BF3656-D6B4-8FD3-EA95-C… · Appendix A – Non RIS Items No. Rule Issue Resolution The testing procedure has not been adopted