Heavy Vehicle National Law Amendment Bill 2015
Plain English Summary
Overview
This bill updates the Heavy Vehicle National Law to allow truck drivers to use electronic work diaries instead of paper records, and rewrites penalties so similar offences attract similar fines across Australia. It also creates new offences for tampering with modification plates and for using oversize vehicles without authority, and makes a range of smaller clarifying and enforcement changes.
Who it affects
Heavy vehicle drivers, transport operators and their record keepers are most affected, along with mechanics who modify trucks and freight operators who move shipping containers. Other road users benefit indirectly from clearer fatigue enforcement.
Key changes
- Truck drivers can use electronic work diaries, with work time counted to the minute and up to eight minutes of nominal overrun in a 24-hour period not treated as a breach
- Record keepers must report to the Regulator within two business days if an electronic work diary is filled up, lost, malfunctioning or suspected of being tampered with, with penalties up to $6,000
- New $3,000 offence for tampering with a modification plate or label on a heavy vehicle without the Regulator's written approval
- New $6,000 offence for driving an oversize 'restricted access vehicle' (over 4.3m high, 2.5m wide or 12.5m long for a single vehicle) on a road without a mass or dimension authority
- Sixteen existing penalties are revised to match a national penalties framework, with some rising as high as $20,000 (for breaches of duties around fatigue records and dangerous goods)
- Authorised officers get clearer powers to let a defective heavy vehicle be moved to a repair or inspection place, and can enter a residence that is also a business address for monitoring with the occupier's consent
- Stricter privacy protections for information recorded in electronic work diaries, with a $20,000 maximum penalty for improper disclosure
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced19 May 2015View Hansard
Vote on a motion
Vote on the Address-in-Reply motion (or the LNP amendment to it), not related to the Heavy Vehicle National Law Amendment Bill which was only introduced in this section
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (45)
Noes (43)
▸Committee19 May 2015View Hansard
Referred to Infrastructure, Planning and Natural Resources Committee
The Infrastructure, Planning and Natural Resources Committee examined the bill and recommended it be passed. The bill amends the Heavy Vehicle National Law, which regulates vehicles over 4.5 tonnes across multiple Australian jurisdictions. As Queensland hosts the national legislation, amendments passed by the Queensland Parliament automatically apply in most other participating states and territories.
Key findings (4)
- The bill proposes amendments to the Heavy Vehicle National Law, which commenced on 10 February 2014 and applies across Queensland, New South Wales, Victoria, South Australia, the ACT and Tasmania
- Queensland hosts the national legislation, meaning amendments passed in Queensland automatically apply in most other participating jurisdictions
- The bill introduces new offences for misuse of protected electronic work diary information under sections 728A and 729A
- An erratum was tabled after the report to correct references to specific sections and clarify the scope of offences relating to data misuse
Recommendations (1)
- The committee recommends the Heavy Vehicle National Law Amendment Bill 2015 be passed.
Committee report tabled
▸Second Reading16 Sept 2015View Hansard
Vote on a motion
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (41)
Noes (43)
▸8 members spoke8 support
Introduced and commended the bill, highlighting the introduction of electronic work diaries as a significant step forward and the harmonisation of penalties across jurisdictions.
“Electronic work diaries present a real opportunity to improve safety within the heavy vehicle industry by providing drivers and operators with real-time information that can be used to more effectively manage driver fatigue.”— 2015-09-16View Hansard
Confirmed LNP opposition support for the bill, noting the importance of the heavy vehicle industry and the benefits of electronic work diaries in reducing red tape.
“The committee has also recommended that the bill be passed and the LNP opposition will be supporting the bill.”— 2015-09-16View Hansard
Spoke as committee chair in support, while raising practical concerns about the impact of electronic work diaries on drivers in regional and rural Queensland with long distances between approved stopping areas.
“I remain somewhat concerned that drivers may be dealt with harshly because they have made a common-sense decision to go that extra mile in the interest of being able to continue the trip at a later time or to find a safe area to pull off the road.”— 2015-09-16View Hansard
Spoke in favour of the bill, noting the committee's unanimous recommendation that it be passed and the strong national consultation process behind it.
“The Infrastructure, Planning and Natural Resources Committee unanimously recommended that the Heavy Vehicle National Law Amendment Bill 2015 be passed.”— 2015-09-16View Hansard
Drew on his 25 years as a police officer to support the bill, emphasising the importance of consistent regulation across jurisdictions and electronic work diaries replacing illegible paper records.
“I have pulled up enough truck drivers and asked them for their diaries to know that the electronic work diary is a great concept.”— 2015-09-16View Hansard
Spoke in support as a committee member, highlighting the potential $200 million in savings from electronic work diary uptake and the importance of reducing red tape for heavy vehicle operators.
“As we heard during the hearing, currently there is a lot of paper shuffling involved and the moving of written diaries to a second person who collates them.”— 2015-09-16View Hansard
Supported the bill while urging a broader review of electronic work diaries beyond just the eight-minute tolerance, and raised practical issues around dangerous goods vehicles and the need for better truck stops.
“I would advise the minister to review the whole program of electronic diaries, not just the eight-minute leeway. If you are going to do a review, let us do a proper review in two years time.”— 2015-09-16View Hansard
Supported the bill and emphasised the need for better heavy vehicle rest stops on regional highways, paying tribute to trucking families and road safety advocates in Central and North Queensland.
“There is no doubt that both sides of the House want continued road safety outcomes, be it in Central, North, Far North or Western Queensland or on the Capricorn and Flinders highways.”— 2015-09-16View Hansard