Heavy Vehicle National Law Review: Issues Paper 6

Public news

The latest Issues Paper for the review of the Heavy Vehicle National Law (HVNL) addresses the role of “assurance” in regulating risk in heavy vehicle operations.

Click here to access Issues Paper 6: Assurance Models.

An assurance scheme is one that, rather than providing prescriptive rules, gives operators options for demonstrating their capacity to comply in an alternative way to the relevant standard. Examples of this are:

  • Basic Fatigue Management
  • Advanced Fatigue Management
  • Mass Management
  • Truck Safe
  • Crane Safe

If implemented for the HVNL, it would align with members’ sentiments that the current law is overly prescriptive and should be replaced with a more flexible framework. However, this may not be without pitfalls. For example, would more flexibility bring more responsibility and liability?

This paper asks, among other things, the following broad questions:

  • Should operators that can demonstrate their capacity to take a greater role in managing risks covered by the HVNL, in terms of general and specific duties, be able to do so?
  • Could the flexibility operators want still be achieved through various performance standards, thus negating a need for an assurance scheme?
  • Does the HVNL need an assurance scheme?
  • If yes, should it be supported by a rules-based option available to those operators not wishing to opt in?
  • If yes, should the assurance framework link explicitly to a single set of objectives and standards, i.e. should there be no regulatory concessions that lower standards?
  • The Paper outlines four prospective models. Which one is your preference (see page 35 of the Paper for more details)?

The MTA will provide a submission based on member feedback.

If you would like to contribute your thoughts, please contact your Industry Engagement Specialist, Nathan Groves by clicking here or calling 8291 2000.