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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 Inter-Governmental 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
o Registrationo Permito NHVASo Exemptionso PBSo Vehicle
modification
Road Managers (includes Councils)
Review access applications to ensure infrastructure, safety and public amenity is not compromised
RM1 RM5RM4RM3RM2
National Heavy Vehicle Regulator
Vehicle safety assessmento Determine access categoryo Operating conditionso Access routeo Design approval
Asssessment toolsVehicle safety assessment will be made against the following:o Heavy Vehicle National Law o Vehicle Standardso ATC Guidelineso Accreditationo Operational guidelineso Mapped routes
Access request
Access decision (including conditions)
Confirm inclusion of additional access routes to national maps
Access request
Access decision
o Internal review is available for operators
o NHVR cannot override Road Manager
o Road Manager cannot override Road Authority
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
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