Heavy Vehicle National Law and Other Legislation Amendment Bill 2016

Introduced: 3/11/2016By: Hon S Hinchliffe MPStatus: PASSED with amendment

Transport & Roads Work & Employment Business & Economy

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Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill overhauls heavy vehicle safety laws to make every party in the transport chain — not just drivers — legally responsible for safe operations, with jail terms of up to 5 years for reckless conduct. It also sets up the legal framework for Queensland's $100 million assistance package for taxi and limousine licence holders affected by ride-share competition, plus makes a range of administrative improvements to trucking regulation.

Who it affects

Everyone in the heavy vehicle chain — drivers, operators, schedulers, loaders, consignors and executives — faces a new shared safety duty, while taxi and limousine licence holders gain access to transitional assistance payments of up to $20,000 per taxi licence.

Heavy vehicle safety reform

Replaces complex 'reasonable steps' rules with a single positive duty to ensure the safety of transport activities 'so far as reasonably practicable'. Aligns heavy vehicle law with workplace safety laws and introduces tiered offences with much higher penalties.

Everyone in the transport chain — drivers, operators, loaders, consignors, schedulers — shares a primary duty of care for safety
Reckless conduct causing risk of death or serious injury can now mean 5 years jail and up to $3 million fines for companies
Company executives must exercise due diligence and can be prosecuted personally for safety failures
Authorised officers gain new powers to demand information and enter enforceable undertakings as alternatives to prosecution

Taxi and limousine industry assistance

Creates the legal framework for administering Queensland's $100 million Industry Adjustment Assistance Package, announced after deregulation of personalised transport services to accommodate ride-share operators like Uber.

Taxi licence holders can receive transitional payments of $20,000 per licence (capped at 2 licences)
Limousine licence holders (other than special purpose) can receive $10,000 per licence
A $26.7 million hardship fund and business advisory support is also created
The assistance scheme expires automatically 2 years after commencement

Administrative improvements

Introduces a new type of defect notice for minor vehicle issues, reduces red tape around regulator notice requirements, and adds new offences for missing accreditation labels.

Self-clearing defect notices can be issued for minor defects or obscured number plates, without requiring inspection
Operators must display National Heavy Vehicle Accreditation Scheme labels — $3,000 penalty for failing to do so
The Regulator no longer must publish every notice in a national newspaper
Annual fee increases are formalised to track inflation

How this affects you

Transport & Roads

•Everyone involved in moving freight — not just drivers — now shares legal responsibility for heavy vehicle safety on roads you useClause 10 (new s 26C)Each party in the chain of responsibility for a heavy vehicle must ensure, so far as is reasonably practicable, the safety of the party's transport activities.
•Trucking companies and drivers face up to 5 years jail and $3 million fines for reckless conduct that risks killing or seriously injuring someoneClause 10 (new s 26F)Category 1 offence: if an individual — $300,000 or 5 years imprisonment or both; if a corporation — $3,000,000.
•If you hold a taxi or limousine licence, you can receive transitional assistance of up to $20,000 (taxi) or $10,000 (limousine) to adjust to ride-share competitionClause 141 (new s 155A)Allows a regulation to provide for a scheme for the payment of financial assistance to taxi and limousine service licence holders.
•Roadside officers can issue a new type of self-clearing defect notice for minor vehicle issues without requiring the truck to be inspected againClause 134 (new s 531A)Self-clearing defect notices may be issued if the use of the defective vehicle on a road does not pose a safety risk or a number plate is illegible.

Work & Employment

•If you work as a loader, packer, scheduler or consignor for trucking operations, you now share legal responsibility for road safety, not just the driverClause 10 (new s 26A, 26C)The safety of transport activities relating to a heavy vehicle is the shared responsibility of each party in the chain of responsibility for the vehicle.
•Company executives and directors must personally exercise due diligence to ensure their business operates safely — and can be prosecuted even if the company is notClause 10 (new s 26D)If a legal entity has a duty under section 26C, an executive of the legal entity must exercise due diligence to ensure the legal entity complies with the duty.
•Bosses can no longer force or contract drivers to speed or drive fatigued, with $10,000 fines for making such requestsClause 10 (new s 26E)A person must not ask, direct or require the driver to exceed a speed limit or drive while impaired by fatigue. Maximum penalty $10,000.
•Authorised officers can require any person to provide information about possible safety breaches, with $10,000 penalty for refusing without reasonable excuseClause 91 (new s 570A)The authorised officer may, by notice, require the person to give the information; failure to comply without reasonable excuse is an offence with $10,000 maximum penalty.

Business & Economy

•If you run a trucking business, you face simpler but broader safety duties with much tougher penalties for serious breachesClause 10 (Chapter 1A)Reforms the existing HVNL obligations on all current chain of responsibility parties as an overarching and positive duty of care.
•Businesses can negotiate enforceable undertakings with the regulator as an alternative to prosecution for alleged breachesClause 96 (new Part 10.1A)The Regulator or an authorised officer may accept an undertaking made by the person in relation to the contravention or alleged contravention.
•Following an industry code of practice will count as evidence that you met your safety duties in courtClause 101 (new s 632A)A registered industry code of practice is admissible as evidence of whether or not a duty or obligation under this Law has been complied with.
•Taxi and limousine operators get a $26.7 million hardship fund, $4.3 million in fee waivers, and business advisory support to adjust to ride-share competitionChapter 4 (new s 155A)The IAAP includes a hardship fund ($26.7 million), business advisory support ($3.7 million), fee waivers ($4.3 million) and incentive payments for wheelchair accessible services ($5.6 million).

Bill Journey

Introduced3 Nov 2016

First Reading

Committee

Committee Report

Second Reading

In Detail

Third Reading

Royal Assent9 Dec 2016

Sectors Affected

Public Administration Public Transport Road Transport Transport Infrastructure

Classified using AGIFT/ANZSIC Australian government standards

Heavy Vehicle National Law and Other Legislation Amendment Bill 2016

Plain English Summary

Overview

Who it affects

Heavy vehicle safety reform

Taxi and limousine industry assistance

Administrative improvements

Bill Journey

Referenced Entities

Legislation

Organisations

Programs & Schemes

Roles & Offices

Sectors Affected

Source Documents