NHVR Briefing
Steve Bright, Communications and Stakeholder Management, VicRoads
Regulator Implementation Team
17 August 2012
Presentation scope –
National Heavy Vehicle Regulator

Background

Objectives of the NHVR

What does the reform cover?

How will the new law operate?

What will and will not change?

Council perspective

Recent developments
Background
 Regulatory Impact Statement, A National Framework for
Regulation, Registration and Licensing of Heavy Vehicles
– May 2009
 2 July 2009, the Council of Australian Governments
(COAG) agreed to establish a single national system of
laws for heavy vehicles over 4.5 tonnes
 August 2011, COAG (except WA) signed an InterGovernmental Agreement to establish the National
Heavy Vehicle Regulator (NHVR)
 Queensland will host the regulator and Heavy Vehicle
National Law
Objectives of the NHVR
 The objectives specified in the COAG Inter-Governmental
agreement are:
– Seamless national regulation of heavy vehicles …. the
same outcome in the same circumstances; and
– Consistent and streamlined administration and service
provision for the regulation of heavy vehicles
 Outcomes:
– removal of inefficiencies from inconsistent jurisdictional
requirements;
– lessened regulatory burden and a reduction in the costs
of compliance; and
– enhanced safety, productivity and efficiency
What does the reform cover?

The same areas of existing heavy vehicle laws within States
and Territories:
– Registration
– Vehicle standards
– Mass, dimension and load restraint
– Fatigue management
– Compliance and enforcement

The HVNL is principally a consolidation of model laws
developed over time by the National Transport Commission
(formerly the NRTC)

Establishment of a new national regulator to replace the
existing State and Territory regulators
How will the new law operate?
 A single body of national heavy vehicle law will go to the
Queensland Parliament during the second half of 2012
 A Victorian Application Bill (and similar legislation in other
States and Territories – except WA) will be considered by
the Victorian Parliament – most likely in the first quarter of
2013
 Once passed, this will apply the law in Queensland as the
law in Victoria – delivering the national law in Victoria
 Regulator entity (positions, office and systems, roles, etc.)
established from 1 January 2013
 Expected to be a fully-operational Regulator in mid-2013
What will change?
 Progressive delivery of a ‘one stop shop’ (supported
by national systems) for regulatory services
(enquiries, permits, Performance-Based Standards
applications, accreditation …)
 Standardised national regulations for mass,
dimension and load restraint, vehicle standards for
heavy vehicles, fatigue management laws
 Provision of services will initially be through ‘service
level agreements’ with transport agencies
 Greater consistency in regulation – enforcement
practices (national compliance strategy), seamless
borders (eg escorts), Ministerial Guidelines, national
Chain of Responsibility
What will not change?

Police and authorised officers will continue to enforce heavy
vehicle offences in the national law

Court matters will continue to be dealt with in relevant State
and Territory courts

Heavy vehicle licensing arrangements (out of scope)

Carriage of dangerous goods is not included in the reform
(currently regulated by WorkSafe in Victoria)

Local Productivity Initiatives (eg Victorian Livestock Loading
Scheme, Primary Producer Registration …) will be preserved
under the national law

Registration arrangements (including FIRS) are unlikely to
change substantially until 2014
Access Management
 Increased role for Councils (as a ‘road manager’)
 Release 1 (1 January 2013) – PBS moves to NHVR,
some LPIs and NIPPs (National Industry Productivity
Programs) harmonised
 Release 2 (1 July 2013) - on-line permit application
system, NHVR case managers, service delivery via
VicRoads and NHVR
 The Project Office will prepare training content for a
‘train the trainer’ process with Local Government
through ALGA, RTAC and other peak associations
 A range of tools, guidelines and processes to be
developed, eg. on-line route assessment tool
Access – the local government angle
 The Heavy Vehicle National Law:
– Creates Road Managers – VicRoads and Councils,
DSE and other ‘authorised’ agencies
– Road Managers regulate roads and road access –
safety, amenity, infrastructure maintenance
– The Regulator regulates vehicles – mass,
dimensions, loading and maintenance
NHVR: proposed access process
CUSTOMER
Access
request
Vehicle safety assessment
o
o
o
o
o
o
Registration
Permit
NHVAS
Exemptions
PBS
Vehicle
modification
o
Internal review is
available for
operators
o
o
NHVR cannot
override Road
Manager
Road Manager
cannot override
Road Authority
National Heavy Vehicle Regulator
o
o
o
o
Asssessment tools
Determine access category
Operating conditions
Access route
Design approval
Vehicle safety assessment will
be made against the following:
o Heavy Vehicle National Law
o Vehicle Standards
o ATC Guidelines
o Accreditation
o Operational guidelines
o Mapped routes
Access
decision
Access
request
Confirm inclusion of
additional access
routes to national maps
Access decision
(including conditions)
Road Managers (includes Councils)
RM1
RM2
RM3
RM4
RM5
Review access applications to ensure infrastructure, safety
and public amenity is not compromised
Consultation
 NHVR Project Office / NTC:
– Peak bodies: ALGA, RTAC, ATA, ALC, ALARTA, BIC,
– Roadshows, targeted consultation (eg national
penalties) and industry conferences
 VicRoads:
– Industry forums and briefings: Victorian Road Freight
Advisory Council, Rural Reference Group, VFF, MAV,
VTA, etc
– Government agency partners: Victoria Police, DoJ,
DPC, DTF, VCEC, EPA
– Councils and regional groups
Recent developments
 Bill 1 of the Heavy Vehicle National Law was introduced
to the Queensland Parliament on 31 Jul 2012 (approx
640 pages), which will enable the Regulator to be
created
 A second Bill is being finalised (Standing Council of
Transport and Infrastructure vote 13 Aug 2012) to
address outstanding policy issues and national penalties
 Development of regulations under the HVNL has
commenced
 Significant work on operational matters – funding and
finance, access system tender evaluation, service
agreements, regulator establishment activities – is
underway
Questions?
For further information:
 National Heavy Vehicle Regulator
Project Office: www.nhvr.gov.au
 NTC: www.ntc.gov.au
Compliance & Enforcement
 Release 1 (1 January 2013) – NVHAS modules: Mass,
Maintenance and Fatigue (application process and
activities); Chain of Responsibility awareness campaign
 Release 2 (1 July 2013)- national C&E strategy, data
sharing guidelines, on-road processes commence; AFM
risk classification approach
Registration and plates
 Not much change for industry at start-up (Release 1)
 Release 2 (1 July 2013)- national collection of data and
distribution of revenue; national standards and
reporting
 FIRS continues until full national system in place
Vehicle Standards
 Release 1 (1 January 2013) – draft Heavy Vehicle
Inspection Standards manual; regulations; agreement
on harmonisation targets
 Release 2 (1 July 2013)- training deployed, internal and
external; auditing and accreditation processes