The HVNL provides a single national law for the regulation of heavy vehicle operations across most Australian jurisdictions, except Western Australia and the Northern Territory.
The purpose of this article is to offer clear guidance and insights on achieving compliance with Australia’s Heavy Vehicle National Law (HVNL) in aid of decided cases in some of Australia’s court jurisdictions.
Compliance with the Heavy Vehicle National Law is crucial for heavy vehicle operators because of the following reasons:
In summary, HVNL compliance fosters a consistent and safe environment for heavy vehicle drivers and operators, benefiting both individuals and the industry in general.
The Heavy Vehicle National Law is supported by 5 regulations which consist of:
Under the Heavy Vehicle National Law, there are several key provisions and requirements that businesses need to adhere to. Let’s delve into the essential aspects:
Remember that CoR compliance is essential even if no incident or accident occurs. These practices contribute to safer heavy vehicle operations on our roads.
GrainCorp Operations Limited contravenes the section 26H of the Heavy Vehicle National Regulation. As a result, the Department of Transport and Main Roads (DTMR) issued an improvement notice citing its contraventions of HVNL regulations. GrainCorp contested this through an internal review.
The Review Decision emphasized GrainCorp’s responsibility as a loading manager to control over-mass heavy vehicles on public roads. DTMR directed GrainCorp to implement a system to reduce vehicle mass to comply with axle group mass limits.
The Tribunal’s review focused on whether GrainCorp had breached its primary duty under the HVNL and asked questions regarding safety risks, GrainCorp’s knowledge, available alternatives, and associated costs.
In the absence of evidence demonstrating practicable alternatives for GrainCorp to avoid overloading incidents, the Tribunal revoked the improvement notice, emphasizing the necessity of identifying valid bases for regulatory enforcement under the HVNL.
In this case, NM & AA Foley Contracting Pty Ltd pleaded guilty in Holland Park Magistrates Court to 37 charges of violating Section 26 of the Heavy Vehicle National Law Act 2012 (Qld) for failing to meet safety duties in its transport activities. The violations included exceeding regulated hours and non-compliance with fatigue regulations. The court ordered a fine of $1,200,000 against NM & AA Foley Contracting Pty Ltd.
The case involves Mr. Eden, an employee of Kalari, driving a prime mover carrying a substantial quantity of prilled ammonium nitrate that caused explosions and subsequent damage to the State-controlled road and a rail bridge owned by Queensland Rail. The plaintiffs in the actions claimed the costs of repair for the damage caused.
The court considered various statutory provisions, including the Transport Operations Act, Heavy Vehicle National Law, and the Insurance Contracts Act.
The court dismissed the applications for summary judgment, emphasizing that the issues involving the construction of exclusion clauses, statutory provisions, and their application to disputed facts warranted a trial. The judge highlighted the complexity of legal arguments and the presence of disputed facts, indicating that a full hearing may be justified.
Moreover, court discussed the Heavy Vehicle National Law (HVNL) in the context of the case. The defendants, Kalari and Mr. Eden, raised defenses related to the HVNL, specifically citing sections 89, 223, and 228 of the HVNL. Dornoch, the third party, argued that the breach of these HVNL provisions, along with the various provisions concerning the transportation of sodium nitrate, meant that the transportation was not “in accordance with all legal state or federal legislation,” triggering the application of exclusion clause 17 in the insurance policy.
Additionally, the court considered the defendants’ plea that the prime mover was on fire before Mr. Eden drove it from the road, which Dornoch argued indicated that the vehicle must have been “unsafe” and therefore being driven in breach of section 89 of the HVNL. The court’s consideration of these arguments demonstrates the relevance and significance of the HVNL in the case.
GJK is appealing her conviction for possessing suspicious property following a June 2020 incident in Townsville. She was fined $1,000 and the $9,610 seized was given to the state, with a conviction recorded. Grounds for appeal include errors in the legality of the vehicle stop and search, and the unreasonable verdict lacking evidence support. Police surveilled GJK’s vehicle near a location associated with drug activity, leading to a search where the money was found. The magistrate’s decision to deem the vehicle stop lawful was wrong, resulting in the successful appeal, overturning the conviction and forfeiture order, with costs to be determined.
This case does not technically deals with violations of HVNL but it specifically mentions that a police officer may stop a heavy vehicle, if the purpose for stopping the vehicle is HVNL(Q) compliance or enforcement among others.
Non-compliance with the Heavy Vehicle National Law (HVNL) can result in significant penalties. These penalties are designed to ensure safety and adherence to regulations within the heavy vehicle industry. Here are some potential consequences for non-compliance:
It’s essential for drivers, operators, and businesses to understand and adhere to the HVNL regulations to avoid these penalties.
HVNL compliance is crucial for heavy vehicle operators to ensure public safety, mitigate environmental impact, preserve infrastructure, enhance industry productivity, and promote shared responsibility across the supply chain. By adhering to HVNL standards, operators contribute to safer roads, reduced risks, and smoother logistics, benefiting both individuals and the industry at large.
HVNL is supported by five regulations covering general regulations, fatigue management, mass and dimension, loading regulations, registration, and vehicle standards.
Parties in the CoR must ensure, as far as reasonably practicable, the safety of their transport activities. This includes developing and implementing CoR compliance policies and procedures, ensuring awareness and training among staff, subcontractors, and suppliers, and including CoR compliance provisions in supply chain engagement documents and contracts.
Penalties for non-compliance with HVNL can include fines, accumulation of demerit points on licenses, vehicle impoundment, business disruption, prosecution, and loss of accreditation for operators.
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