Heavy vehicle regulation

Coronavirus response for Heavy Vehicle Industry

Land Transport Industry COVID 19 Response Update

Freight Movement Protocol and Code August 2021 update

On 20 August 2021, National Cabinet noted the updated Freight Movement Code which has been agreed by Transport Ministers PDF: 192 KB, including the new AHPPC-endorsed testing regime. The updated Code will provide greater certainty to industry and help protect freight workers and the wider community from emerging COVID-19 variants.

The new testing regime requires freight workers crossing state and territory borders to have a negative COVID-19 test result in a rolling seven-day period, unless an alternative arrangement for a particular jurisdiction is otherwise specified in the Code's annex.

The update to the Code follows a request from the National Cabinet on 23 July 2021 that Transport Ministers work with the Australian Health Protection Principal Committee (AHPPC) to ensure the Freight Movement Code provides greater consistency in the application of health measures for freight workers.

National Cabinet also agreed that jurisdictions will work with industry to stand-up additional testing facilities along key freight routes, at intermodals and other key freight hubs, in line with the AHPPC's recommended testing regime.

The updated Code is supported by an updated Freight Movement Protocol PDF: 183 KB, which further details the protective measures taken by industry and governments to help protect freight workers and the community from COVID-19.

National Cabinet has also agreed that Transport Ministers, in consultation with the AHPPC, will update the Code as required to ensure it remains responsive to the changing demands of the pandemic and consistent with health advice.

Domestic Border Controls—Freight Movement Protocol and Freight Movement Code

On 24 July 2020, the National Cabinet agreed to the original Domestic Border Controls—Freight Movements Protocol. National Cabinet also agreed that Transport and Infrastructure Ministers would work to upgrade the Protocol into an Enforceable Code.

The Protocol was endorsed by the Australian Health Protection Principal Committee and complements existing WHS, fatigue management, health directives and COVIDSafe Workplan requirements.

On 7 August 2020, the National Cabinet agreed to the Freight Movement Code for the Domestic Border Controls—Freight Movement Protocol. The enforceable measures in the Code deliver greater consistency between states and territories implementing their border controls. State and territory governments are responsible for implementing and enforcing the code.

Under the Freight Movement Code, states and territories will mutually recognise COVIDSafe workplans developed by the relevant freight operator. However, mutual recognition may not be possible for all jurisdictions at all times due to different stages of COVID-19 response or recovery.

Principles for COVID-19 Private Bus Industry Operations

The Australian Government, in partnership with industry and the state and territory governments, has developed Principles for COVID-19 Private Bus Industry Operations PDF: 819 KB. The Principles provide clear and consistent guidance for the private coach, tour, and express bus industry to minimize the risks of COVID 19 and have been reviewed by the Department of Health.

The Principles have been designed to underpin the CovidSafe Workplans that each business should implement to manage COVID 19 related risks.

Principles for COVID 19 Public Transport Operations

On 29 May 2020, the National Cabinet agreed to the Principles for COVID 19 Public Transport Operations PDF: 165 KB. These principles provide guidance about how public transport can minimize risks from COVID 19 and continue to run as safely as possible for passengers and public transport workers.

State and territory governments remain responsible for the operation of public transport services and jurisdictions will continue to provide guidance for their workforces and passengers. Information about the public transport services run in specific jurisdictions is available on the relevant state or territory government website.

Exemption from closure of non-essential services

On 24 March, the National Cabinet agreed a range of restrictions to non-essential services to apply from 11:59pm (local time) 25 March 2020. This was announced as a part of Australia's response to the coronavirus epidemic. Amongst these restrictions were restaurants and cafes, with exceptions provided for takeaway services and home delivery.

This captured roadhouse and rest stop facilities that provide meal and hygiene facilities for the trucking industry. For road freight to move safely, truck driver health and fatigue needs to be managed with regular and good quality breaks.

On the 30 March 2020, the National Cabinet agreed to exempt these facilities from the non-essential services restrictions and allow these facilities to continue supplying their services to heavy vehicle drivers. Details of the agreed exemption can be found in the Heavy Vehicle Rest Stop Facilities Exemption Requirements PDF: 403 KB.

On 25 March 2020, the Transport and Infrastructure Council released a communique about the impacts of the coronavirus on Australia's transport sectors.

Critical Role of the Freight Sector

On the 25 March 2020, the Transport and Infrastructure Council released a communique about the impacts of the coronavirus on Australia's transport sectors.

On 10 February 2014, the Heavy Vehicle National Law, covering all heavy vehicles over 4.5 tonnes, commenced in Queensland, New South Wales, Victoria, Tasmania, South Australia and the Australian Capital Territory (ACT). The law covers matters relating to vehicle standards, mass dimensions and loadings, fatigue management, the Intelligent Access Program, heavy vehicle accreditation and on-road enforcement.

The ACT has partially implemented the legislation and will proclaim remaining elements of the legislation at a later date. Western Australia and the Northern Territory are not participating in the national reform at this time.

The law is administered by the Brisbane-based National Heavy Vehicle Regulator. The Regulator, in conjunction with the National Transport Commission, continues to progress national heavy vehicle reforms through its forward work program.

Review of Oversize and Overmass (OSOM) Vehicle Arrangements—first and second tranche of recommendations identified for implementation

On 6 April 2019, the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, the Hon Michael McCormack MP announced state and territory transport Ministers agreed for 12 of the recommendations from the OSOM Review to be implemented. An additional ten recommendations (tranche 2) were endorsed by the Transport Infrastructure Council (TIC) at its meeting on 2 August 2019 and on 5 June 2020 TIC endorsed the work plan for the final tranche (tranche 3) of the recommendations.

On 28 May 2021, at the Infrastructure and Transport Ministers Meeting, Ministers agreed to a program of works to be delivered by the National Transport Commission (NTC) as part of the Heavy Vehicle National Law (HVNL) review. Over the next 12 months the NTC will deliver more detailed advice to ministers on these key reform areas, with final legislation to be presented to ministers in mid-2023.

The NTC has agreed to progress the remaining seven recommendations from the OSOM review as part of these key reform areas.

The OSOM Working Group has now completed the requirements of this review process.

Tranche 1 - OSOM Recommendations Delivery status

Rec No. Lead agency Recommendation Status
1 Commonwealth Transport and Infrastructure Council (Council) agree that improving safe and timely OSOM access is a national priority, and agree to urgently implement measures to facilitate safe and productive access. Completed.
2 Commonwealth Council agree to direct the department to work collaboratively with relevant partners to prepare a program of implementation and ongoing monitoring. Completed.
5 NHVR The National Heavy Vehicle Regulator (NHVR) introduce a new communication policy that allows for transport operators to speak to case managers, or equivalent, to clarify questions and progress their application. Completed. New policy issued by the NHVR in August 2019.
9 Queensland Council agree to consistent permit durations for period permit to 12 months. Completed. On 27 June 2019, Queensland Minister for Transport and Main Roads, the Hon Mark Bailey, announced permit durations for Class 1 OSOM vehicles will be extended to 12 months.
10 NHVR Council agree NHVR deliver the National Class Agricultural Vehicle and Combination Notice with three zones throughout each jurisdiction, within six months. Completed. The NHVR issued the National Class 1 Agricultural Vehicle and Combination Notice on 30 April 2019.
13 NHVR The Approved Guidelines for Granting Access is fully reinstated with the guiding principles a key feature in access decisions. Completed. The Approved Guidelines for Granting Access were updated on 14 November 2019.
22 NHVR
NSW
All permits have an automatic empty return trip attached as a condition of permit, which do not require a new assessment. Completed. The NHVR Portal requires customers to select the applicable return journey option when submitting a heavy vehicle road access application.
27 NHVR This Review recommends NHVR maintains a feature list for improvements to the NHVR Portal and prioritises and implements features in a timely manner. This review recommends the feature list include the following:
  1. Introducing business rules on the application page to capture mistakes or out of range values.
  2. Preload information capability, including:
    1. Vehicle configurations and details.
    2. Previously applied for permits with routes and configurations.
    3. Transport operator details.
    4. Reference previous applications with similar routes or configurations.
    5. Link permits – including project specific movement with multiple movements of the same type or route.
  3. Flexibility to:
    1. Make minor changes or amendments to the application without rejection resubmitting a new application.
    2. List multiple prime movers or trailers on permits to allow flexibility.
Completed. Customers and road managers are able to raise concerns and enhancement requests via the NHVR Portal Hypercare team.

The NHVR Digital Products Group (DPG) presents regular online webinars for both customers and road mangers, to notify and demonstrate the upcoming improvements to the system.

The DPG team have also published a future road map of future enhancements for both customers and road managers to view online.

The NHVR has introduced auto issuance of permit applications, which is reducing the time taken to process and issue permits.
32 NHVR Council agree a project team be set up within NHVR to investigate possible technology solutions for the better management of movement data. Completed. This activity is being delivered by the NHVR's Digital solutions team.
34g NHVR NHVR to replicate the Local Government Association of Queensland model for funding Heavy Vehicle Access Liaison Officers, to work with Local Government to deliver proactive approaches for OSOM access

Completed. The South Australian Department of Planning, Transport and Infrastructure (DPTI) is working with the Local Government Association of South Australia and the NHVR to progress this recommendation. The NHVR have confirmed with all other state authorities and no further action is required.

34j NHVR NHVR to work with road managers to identify pinch points in their network, NHVR to consolidate this information into their Portal and Mapping tools. Completed. The NHVR is continually updating the functionality of its route planner. In addition, the 2019–20 Budget allocated $8.0 million over two years to the NHVR to fund engineering assessments for local government owned road network infrastructure, and to build an asset collection database.

The NHVR Strategic Local Government Asset Assessment Project (SLGAAP) team has now been established and is progressing with the initial phases of work. 

37

Commonwealth Council agree the following recommendations be included into the National Transport Commission's (NTC) Review of the Heavy Vehicle National Law (HVNL):
  1. Section 156 of the HVNL is reviewed, with prescribed time limits more appropriately structured.
  2. Review and harmonise the definition of ‘indivisible’, to deliver consistency across jurisdictions.
  3. Section 661 of the HVNL be reviewed and changed to provide a trigger clause for the NHVR to manage when there is no response from Road Managers for consent.
  4. Section 158 of the HVNL is reviewed to appropriately recognise third parties and make improvements to streamline the consenting process.
Completed.
38 Commonwealth Council agree that all relevant policy and regulatory agencies commit to identifying and highlighting best practice, to deliver 48-hour (on average) OSOM turnaround time by 2021. Completed. Agreement obtained.

Tranche 2 - OSOM Recommendations Delivery status

Rec No. Lead agency Recommendation Status
3 NHVR Council agree to reduce permit volumes by 30 per cent by 2020, through pre-approvals, notices or gazettal. Completed. The NHVR and jurisdictions will continue to develop pre-approvals and notices to reduce permit volumes as opportunities arise, noting that volumes will be driven by outside factors such as economic conditions.
7 NHVR NHVR to work with states, territories and local government to introduce a project-specific permit, which allows for multiple movements and configurations for the same application.

Completed. NHVR and jurisdictions to encourage the managers of major projects or tasks that involve large volumes of heavy vehicle movements, such as wind farms, to advise of their freight movement requirements with a view to developing an appropriate instrument of access.

For example, South Australia provided approval for oversize (40m long x 6.6m high) accommodation buildings to be transported using a type 1 road train configuration to reduce the number of vehicle movements to 30 (60 buildings were transported).

The NHVR has developed a draft Project Specific Permit for consideration that provides information and guidance to project proponents and heavy vehicle operators of their freight movement requirements with a view to developing an appropriate instrument of access.
16 NHVR Council agree the publication and systemic use of the Vehicle Limits Manual. This Manual to be published on jurisdictional websites by end of 2018.

Completed. Vehicle limits are included in the National Load Carrying Vehicle (LCV) notice.

20 NHVR Council to agree that NHVR works with Austroads to refine the proposed OSOM envelopes to establish infrastructure bridge loading limits in the standards.

Completed. The NHVR was allocated $8.0 million in the 2019–20 Budget to fund engineering assessments for local government owned road network infrastructure, and to build an asset information collection database, which will contribute toward this recommendation being implemented.

An additional $12 million was allocated in the 2021-22 budget to enable the NHVR to deliver stage 2 of this activity.

Austroads in March 2020, completed a relevant project, Investigation and Development of Bridge Formulae for Inclusion in the Performance-Based Standards Network Classification Guidelines.

21 NHVR Council agree an envelope approach is taken for low-risk OSOM vehicles, with NHVR and road managers to agree a common envelope within six months. Completed. Through the increasing use of Notices, the NHVR and jurisdictions are effectively progressing envelope approaches for OSOM vehicles, such as the network maps produced by jurisdictions.
25 NHVR and jurisdictions Council agree harmonisation for dimensions and requirements across jurisdictions through the Multi-State Class 1 Load Carrying Vehicles Dimension Exemption Notice 2016, within 12 months.

Completed. The NHVR, states and territories are working to reduce inconsistencies including improvements to rear overhang, widths and heights.

The Multi-State Class 1 Load Carrying Vehicle Dimension Exemption Notice 2020 (No. 1) harmonised several mass and dimension limits across participating jurisdictions.

28 NHVR NHVR undertake a project of data cleansing and working on the data quality of the NHVR Portal. This Review recommends NHVR lead a project to work with Road Managers to encourage data sharing to increase overall transparency, this will lead to increased confidence in the data that may assist and allow further routes to be approved including targeting of network pinch points.

Completed. The NHVR is constantly working to improve the quality of the NHVR portal, including better sharing of data with local road managers. Every time a new, amend or renewal application is submitted via the NHVR Portal, it is continuing to refine and cleanse the data in the system.

The NHVR also recently worked with the Department of Transport and Main Roads (TMR) to refine and input all the SPV Authority To Operate (ATO) data into the system.

The NHVR delivered NHVR Portal Analytics Reports to Road Managers in September 2020. The reports allow them to review and analyse their performance and road access consents and issued permits.

29 NHVR NHVR to support transport operators to use state/territory road manager mapping tool to journey plan, with the NHVR Journey Planner used only to identify affected road managers.

Completed. The NHVR supported customers through the transition from the stand alone Journey Planner tool to the incorporated NHVR Portal Route Planner tool.

The NHVR continues to offer regular training and over the phone support to customers on how to effectively utilise this tool.

30 NHVR NHVR to:
  1. Progress internal project to incorporate all mapping data from state Road Manager's mapping tools into the Journey Planner.
  2. Work with relevant state/territory road managers to automate collection and storage of current infrastructure capability.

Completed. The NHVR continues to update their Journey Planner as new data and information becomes available.

The NHVR supported customers through the transition from the stand alone Journey Planner tool to the incorporated NHVR Portal Route Planner tool.

The NHVR continues to offer regular training and over the phone support to customers on how to effectively utilise this tool. (also see recommendation 29).
35 NHVR NHVR to initiate an education program to work with road managers to ensure the Guidelines are used consistently.

Completed. The NHVR and jurisdictions are providing a range of education material and tools to assist road managers. Austroads has commenced a project – "Decision Making Framework and Tools for Road Freight Access Decisions”. This supports road managers in making access decisions.

Tranche 3 - OSOM Recommendations Delivery status

Rec No Lead agency Recommendation Status
4 NHVR Council agree transport agencies maintain current delegation approaches, prior to the short term recommendations being implemented.

Completed. The NHVR has transitioned permit delegations back from jurisdictions and now processes access permits applications for QLD, NSW, ACT, VIC, SA and TAS. For more information, please refer to the NHVR Delegation Project web page.

6 NHVR NHVR to improve staff training to boost skill and capabilities in addressing technical issues during the application process.

Completed. The NHVR now has a comprehensive training package provided to staff upon role commencement and for ongoing training requirements.

Their Access team has developed a suite of ELearning tools, undertakes fortnightly reviews on individuals performance, provides as required specific and personalised training and when required hold group sessions to introduce or clarify new processes and directions.
8 NHVR Council agree approvals that were pre-existing prior to 2014 be reinstated by NHVR and relevant Road Managers.

Completed. Noting transitional provisions in the HVNL only allow the NHVR to migrate networks established under previous regulatory instruments.

Jurisdictions have agreed to reinstate approvals of the NHVL to NHVR and Road Managers. The working group, advised that it was not likely that many could be transitioned.
11 NHVR NHVR introduce new arrangements to deal with emergency situations, including escalation process. Completed. The NHVR has published the Heavy Vehicle Access in an Emergency – Industry Information Sheet.
12 NHVR NHVR implement regional teams to work with Road Managers, this should include co-location with state Road Managers. Completed. The NHVR now has representatives across jurisdictions within their Customer Experience Team.
14 NHVR Council to agree NHVR investigating alternative permit approaches, including higher fees for expedited/guaranteed turnaround times. Completed.
15 NHVR Council agree to develop and implement an industry-centric triaging system for bridge assessments, within 12 months. Completed.
17 NHVR Council agree to implement harmonised national standards for pilot and escort vehicle arrangements. This recommendation is being considered as part of the NTC's key reform areas being delivered as part of the HVNL review.
18 NHVR Council agree to harmonise inconsistencies around accreditation for pilot drivers by 2020. This recommendation is being considered as part of the NTC's key reform areas being delivered as part of the HVNL review.
19 NHVR, Department of Transport and Main Roads (DTMR) and Queensland Police Service Council agree to simplify pilot and escort process to remove layers to the consent process. NHVR, Department of Transport and Main Roads (DTMR) and Queensland Police Service to undertake a process improvement project. This recommendation is being considered as part of the NTC's key reform areas being delivered as part of the HVNL review.
23 NHVR Council to agree that low-risk OSOM vehicles be provided a 48 hour turnaround time (on average), within 12 months after the envelope approach is agreed. Completed. Access for low-risk vehicles has been addressed through the development of access notices.
24 NHVR Council agree to progress consideration of the following:

6a) Road Managers to assess cranes using a dynamic lo8ad allowance appropriate for hydro pneumatic sus11pension. (reduce from 0.4 to .01~).

b) Ro12ad Managers to assess cranes using a load certainty factor appropriate for non-load carrying mobile plant. (reduce from 1.6 to 1.5).

c) Create network access maps for all cranes where possible.

d) Add 6 and 7 axle and dolly combinations to maps, where they outperform current vehicle designs.

e) Add 8 9 axle crane carriers (no boom) to existing maps due to their low axle weights and superior swept path performance.

f) Investigate opportunities to introduce an SPV 12t per axle notice.
Completed. The NHVR, in consultation with jurisdictional road managers has agreed on the delivery of these activities.
26 NHVR Council agree NHVR, together with industry associations, introduce a Heavy Haulage Accreditation module, as part of considerations from the Medlock Review. This recommendation is being considered as part of the NTC's key reform areas being delivered as part of the HVNL review.
29 NHVR NHVR to support transport operators to use state/territory Road Manager mapping tool to journey plan, with the NHVR Journey Planner used only to identify affected Road Managers. In progress.
31 DITRDC In conjunction with other telematics related initiatives, Council to commission a project to consider possible policy/regulatory changes to facilitate the sharing of telematics data between local governments, to better track OSOM movements on their network. This recommendation is being considered as part of the NTC's key reform areas being delivered as part of the HVNL review.
33 NTC Council agree the NTC, in conjunction with relevant partners, undertake work to progress consideration toward policy/regulatory settings to boost the uptake and use of telematics in OSOM heavy vehicles. This recommendation is being considered as part of the NTC's key reform areas being delivered as part of the HVNL review.
34 a NHVR Council agree:
  • To ensure local government can provide timely advice on OSOM assessment by incorporating by using asset management systems.
  • Introduce a recognised and established asset management framework for local governments to apply throughout their business to ensure consistency and a system for recording important infrastructure data.

This will assist in gaining an understanding of their network and assist access decisions. This could be done by NHVR and Institute of Public Works Engineering Australasia partnering to deliver an education program to implement the International Infrastructure Management Manual. This provides a baseline on ‘what to do’ and ‘how to do’ in terms of applying standards for infrastructure asset management, this includes tools and frameworks that can be easily applied to local governments.

Completed. The NHVR, Austroads and the working group continue to provide appropriate assistance to local government road managers in assisting them gain a clearer understanding of their network and assistance with access decisions.
34 b NHVR Introduce and encourage the adoption of a tool that provides local government guidance in assessing access consents. This could be done by implementing the Australian Road Research Board Restricted Access Vehicle Route Assessment Tool (RAVRAT). This tool allows for local government to undertake a consistent route assessment process, focused specifically upon the road infrastructure assessment criterion, including OSOM movements. Completed. As per recommendation 34a.
34 c NHVR NHVR and state Road Managers to provide guidance on access and resources to local government Road Managers, this could include creating a NHVR team who can be accessed to undertake independent bridge and route assessments consisting of certified structural engineers, in QLD will need to be a registered professional engineer of Queensland. Completed. As per recommendation 20 and 34a.
34 d NHVR NHVR and state Road Managers to encourage strategic partnerships that develop freight networks and identify pinch points that can be targeted for funding. Completed. In line with recommendation 28 the NHVR has completed this recommendation.
34 e NHVR Introduce technology options like telematics to enable local government to be able to track movements on their network, this should include increased data sharing to demonstrate evidence of compliance. This recommendation is being considered as part of the NTC's key reform areas being delivered as part of the HVNL review.
34 f DITRDC Implement the following recommended priorities from the Inquiry into National Freight and Supply Chain Priorities specifically: Critical Action Area 3  planning for current and future needs:

i. Promote training and reskilling of employees in the freight industry appropriate to current and future needs, within the context of technological advancement, for example, increasing automation.

ii. Undertake a review to identify any potential gaps in existing infrastructure investment programs to allow funding for smaller, collective packages of investment in freight projects that could lift regional productivity, which may not otherwise be considered for commonwealth funding.
Completed. The Commonwealths National Freight Supply Chain (NFSC) and Roads of Strategic Importance (ROSI) initiatives are delivering the outcomes of this recommendation.
34 h NHVR NHVR to issue further business rules and guidance material to Road Managers that outlines conditions, access processes etc. Completed. The NHVR continues to develop local government road manager training and tools to assist with assessing access consent.
34 i NHVR NHVR have an existing function in their access team referred to as ‘Hypercare’, this should be expanded to include technical assistance to Road Managers in addition to transport operators. Completed. The NHVR has a Road Manager Hotline to assist road managers with a range of enquiries, including access to NHVR engineers if required.
36 NHVR The NHVR examine opportunities for staff co-location with state/territory/local government associations/local government road managers.4 Completed. The NHVR continues to deliver suitable and specific arrangements with each jurisdiction on delivering practical assistance to state, territory and local government road managers.

Review of Oversize Overmass Vehicle Access Arrangements

The Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, the Hon Michael McCormack MP, announced on 29 July 2018 the Australian Government would fund an independent review. Consultancy firm, WSP Australia, undertook the review and were assisted by a three-member industry expert reference group.

The Terms of Reference DOCX: 20 KB PDF: 341 KB set out the scope of the review.

On 9 November 2018, the Transport and Infrastructure Council agreed to the release of the independent Review of Oversize Overmass Vehicle Access Arrangements Report PDF: 4114 KB. There are 38 recommendations in the Report covering a wide range of OSOM issues. The extensive number of recommendations reflect the complexity of OSOM vehicle access, the considerable stakeholder engagement (with over 60 separate entities engaged during the preparation of the Report), and the need for a comprehensive suite of solutions to improve the system.

The Report has been published without appendices as they contain sensitive and commercial-in-confidence material.

History of Heavy Vehicle Regulatory Reform

In July 2009 the Council of Australian Governments (COAG) agreed that a single national heavy vehicle regulatory regime be established to cover all vehicles over 4.5 gross tonnes. COAG agreed that the national regime include a single national regulator to administer a single set of national heavy vehicle laws replacing the separate and at times conflicting regulatory requirements on the heavy vehicle industry between states and territories.

In August 2011 an Intergovernmental Agreement on Heavy Vehicle Regulatory Reform was signed by COAG (except Western Australia) setting out the principles and processes to implement the decision to deliver a national heavy vehicle regulatory system. The signing of this agreement recognises that the Commonwealth and the states and territories have a mutual interest in improving national regulation and the need to work together to achieve these outcomes.

In November 2011 the Heavy Vehicle National Law Act 2012 was approved by the Ministerial Council on Transport and Infrastructure and was passed by the Queensland Parliament in August 2012.