Heavy Vehicle National Law and Other Legislation Amendment Bill 2018
Plain English Summary
Overview
This bill strengthens safety obligations for heavy vehicle businesses, increases penalties for driving offences that cause death or serious injury, and introduces several road safety improvements. It also establishes a national database of heavy vehicles and facilitates the transition from the Federal Interstate Registration Scheme to state-based registration.
Who it affects
Heavy vehicle operators and executives face stronger safety obligations. All Queensland drivers face tougher penalties for careless or dangerous driving causing death or grievous bodily harm. Parents and employers can now be told when someone commits a driving offence in their vehicle.
Heavy vehicle safety and regulation
Executive officers of heavy vehicle businesses must now exercise due diligence across all major safety duties, not just primary duties. The NHVR must maintain a national database of heavy vehicles, and vehicles transitioning from the Federal Interstate Registration Scheme to Queensland registration receive a one-off duty exemption.
- Executive officers must exercise due diligence for all major safety duties under the Heavy Vehicle National Law, aligning with workplace health and safety laws
- The NHVR must keep a national database of heavy vehicles registered across participating states and territories
- Heavy vehicles transitioning from the Federal Interstate Registration Scheme to Queensland registration between 1 July 2018 and 30 June 2019 are exempt from vehicle registration duty
- Drivers doing 100km work must provide records to their record keeper within 21 days, with a maximum penalty of $3,000 for non-compliance
Road safety penalties and enforcement
Penalties for careless driving causing death or grievous bodily harm increase significantly, with a mandatory minimum licence disqualification of 6 months. Penalties for failing to remain at the scene of a fatal or serious crash also increase substantially. The same police officer can now conduct both the roadside drug test and subsequent saliva analysis.
- Careless driving causing death or GBH by an unlicensed driver: maximum 160 penalty units or 2 years imprisonment; by a licensed driver: 80 penalty units or 1 year's imprisonment
- Mandatory minimum licence disqualification of 6 months for careless driving causing death or GBH
- Failing to remain at a crash scene where someone died or was seriously injured: maximum 120 penalty units or 3 years imprisonment
- Registered vehicle operators can be electronically notified when someone else commits a driving offence in their vehicle
- A single police officer can now conduct both the roadside saliva test and subsequent analysis, improving drug testing in remote areas
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
Referenced Entities
Legislation
Organisations
Sectors Affected
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