Heavy Vehicle National Law and Other Legislation Amendment Bill 2018
Plain English Summary
Overview
This bill reforms national heavy vehicle safety regulation and increases penalties for serious driving offences. It strengthens the safety obligations of heavy vehicle company executives, establishes a national database of heavy vehicles, increases penalties for careless driving causing death or serious injury, and simplifies drug driving testing procedures.
Who it affects
Heavy vehicle industry executives face expanded safety due diligence obligations. All Queensland drivers face tougher penalties for careless driving causing death or serious injury, including mandatory licence disqualification. Parents and employers can now be notified of driving offences committed in their vehicles.
Heavy vehicle safety and registration
Executive officers of heavy vehicle companies must now exercise due diligence across all major safety duties, bringing obligations in line with workplace health and safety law. The National Heavy Vehicle Regulator must maintain a national database of registered heavy vehicles. Registration stays with state and territory authorities, and heavy vehicles transitioning from the federal scheme to Queensland registration are exempt from registration duty.
- Executive officer due diligence obligations extended to all major safety duties in the Heavy Vehicle National Law
- National Heavy Vehicle Regulator must keep a database of all registered heavy vehicles across participating jurisdictions
- One-off exemption from Queensland registration duty for heavy vehicles transitioning from the Federal Interstate Registration Scheme (1 July 2018 to 30 June 2019)
- New $3,000 maximum penalty for drivers who fail to provide required record-keeping information to their record keeper
Road safety penalties and driver duties
Penalties for careless driving causing death or grievous bodily harm are significantly increased. Drivers who leave the scene of a serious crash face up to 3 years imprisonment. Minimum licence disqualification periods are introduced for these offences. Driver duties at crash scenes are clarified and consolidated into one part of the law.
- Maximum penalty for careless driving causing death or grievous bodily harm increased to 160 penalty units or 2 years imprisonment (if unlicensed) or 80 penalty units or 1 year (if licensed)
- Maximum penalty for failing to remain at the scene of a crash involving death or grievous bodily harm increased to 120 penalty units or 3 years imprisonment
- Mandatory minimum 6-month licence disqualification for careless driving or failing to remain at scene where death or grievous bodily harm occurred
- Drivers must remain at scene where a person is dead or apparently dead
Drug driving testing and vehicle owner notifications
A single police officer can now conduct both the roadside drug test and the subsequent saliva analysis, removing the previous requirement for a second officer. Registered vehicle operators can be notified by email when someone else commits a driving offence in their vehicle.
- Same police officer can now conduct both the roadside drug test and subsequent saliva analysis, improving enforcement in remote areas
- Registered vehicle operators (such as parents or employers) can be notified of driving offences committed in their vehicle by another person
Bill Journey
▸Committee15 Feb 2018View Hansard
Referred to Transport and Public Works Committee
The Transport and Public Works Committee examined the Heavy Vehicle National Law and Other Legislation Amendment Bill 2018 and recommended it be passed. The committee considered amendments to heavy vehicle regulation (including executive officer liability and registration reforms) as well as road safety measures such as increased penalties for careless and dangerous driving causing death or grievous bodily harm. The committee also recommended a timely review of the Heavy Vehicle National Law and suggested the Government consider adding the term 'negligent' to the tiered offence provisions, though the Government ultimately declined that change after obtaining independent legal advice.
Key findings (5)
- The heavy vehicle amendments were endorsed by the Transport and Infrastructure Council and developed in consultation with the National Heavy Vehicle Regulator and all state and territory road transport authorities.
- The bill introduced tiered penalties for careless driving, doubling maximum penalties where death or grievous bodily harm occurs, and doubling again where the offender was unlicensed.
- Stakeholders supported a timely review of the Heavy Vehicle National Law, and the Government agreed to bring forward the review from 2020-21 to 2018-19.
- The Queensland Law Society raised concerns about mandatory sentencing provisions, including the new mandatory six-month licence disqualification for careless driving causing death or grievous bodily harm.
- The Government rejected the committee's recommendation to add the term 'negligent' to the careless driving offence, finding it could narrow the scope of the provision and lead to unintended outcomes.
Recommendations (3)
- The committee recommends the Heavy Vehicle National Law and Other Legislation Amendment Bill 2018 be passed.
- The committee recommends the Minister consider the issue of stakeholders' support for a timely review of the Heavy Vehicle National Law, in consultation with the Transport and Infrastructure Council.
- The committee recommends that the Government consider an amendment to include the term 'negligent' to better reflect the intention of tiered offence provisions to close the gap between the existing offence of dangerous driving and driving without due care and attention.
Committee report tabled
Assent date: 18 June 2018