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