Heavy Vehicle National Law HVNL

 Ausgrid (National Heavy Vehicle Regulations) – Knowledge Base and FAQs

 Table of Contents

Background:

The National Heavy Vehicle Regulator (NHVR) administers one set of laws (the HVNL) for heavy vehicles over 4.5 tonnes gross vehicle mass. The HVNL consists of the Heavy Vehicle National Law* and four sets of regulations.

The HVNL commenced on 10 February 2014 in the Australian Capital Territory**, New South Wales, Queensland, South Australia, Tasmania and Victoria. Each of them passed a law that either adopts or duplicates the HVNL (with some modifications) as a law of that State or Territory.

Although the HVNL has not commenced in Western Australia or the Northern Territory at this time, the HVNL applies equally to vehicles from those jurisdictions when they cross into one of the states or territories where the HVNL applies. In some cases, drivers may also need to comply with certain aspects of the HVNL before they cross the border (eg. work diary requirements).

*The HVNL is the schedule to the Heavy Vehicle National Law Act 2012 (Qld).

**Chapters 5, 6, 7 and 8 of the HVNL (Speeding, Driver Fatigue, Intelligent Access Program and Accreditation) do not apply in the ACT.

Definitions:

Journey documentation means a document, other than transport documentation, in any form directly or indirectly associated with:

(a) a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or

(b) goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and

(c) whether relating to a particular journey or to journeys generally includes, for example, any or all of the following;

(i) a document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods or passengers;

(ii) a workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting goods or passengers;

(iii) a subcontractor’s payment advice relating to goods or passengers or their transport;

(iv) records kept, used or obtained by the driver of a heavy vehicle used, or claimed to be used, for transporting goods or passengers;

(v) information reported through the use of an intelligent transport system;

(vi) a driver manual or instruction sheet;

(vii) an advice resulting from check weighing of a heavy vehicle’s mass or load performed before, during or after a journey.

Load, of a heavy vehicle or in a heavy vehicle, means:

(a) all the goods, passengers, drivers and other persons in the vehicle,

(b) all fuel, water, lubricants and readily removable equipment carried in the vehicle and required for its normal use,

(c) personal items used by the vehicle’s driver or someone else necessary for the normal use of the vehicle; and

(d) anything that is normally removed from the vehicle when not in use.

(IV) Examples:

• Driver’s run sheet

• Work diary entry

• Fuel docket or receipt

• Food receipt

• Tollway receipt

• Pay record

• Mobile or other telephone record

Loading Manager:

A person is a loading manager for goods in heavy vehicles, other than for the purposes of Chapter 4, if goods are:

(i) loaded onto a heavy vehicle at regular loading or unloading premises for heavy vehicles; or

(ii) unloaded from a heavy vehicle at regular loading or unloading premises for heavy vehicles; and

(b) the person is the person who manages, or is responsible for the operation of, the premises; or

(i) has been assigned by a person mentioned in subparagraph

(ii) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of goods at the premises.

For the purposes of Chapter 4, a person is a loading manager for goods in a heavy vehicle if:

(a) the goods are loaded onto the heavy vehicle at regular loading or unloading premises for heavy vehicles; and

(b) the person is the person who manages, or is responsible for the operation of, the premises; or

(i) has been assigned by a person mentioned in subparagraph

(ii) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader of the goods.

Pole-type trailer means a trailer that:

(a) is attached to a towing vehicle by a pole or an attachment fitted to a pole; and

(b) is ordinarily used for transporting loads, such as logs, pipes, structural members, or other long objects, that can generally support themselves like beams between supports.

Responsible person for a heavy vehicle, means a person having, at a relevant time, a role or responsibility associated with road transport using the vehicle, and includes any of the following:

(a) an owner of the vehicle or, if it is a combination, an owner of a heavy vehicle forming part of the combination;

(b) the vehicle’s driver;

(c) an operator or registered operator of the vehicle or, if it is a combination, an operator or registered operator of a heavy vehicle forming part of the combination;

(d) a person in charge or apparently in charge of the vehicle; or

(i) the vehicle’s garage address or, if it is a combination, the garage address of a heavy vehicle forming part of the combination; or

(ii) a base of the vehicle’s driver;

(e) a person appointed under a heavy vehicle accreditation to have monitoring or other responsibilities under the accreditation, including, for example, responsibilities for certifying, monitoring or approving the use of heavy vehicles under the accreditation;

(f) a person who provides to an owner or registered operator of the vehicle or, if it is a combination, an owner or registered operator of a heavy vehicle forming part of the combination, an intelligent transport system for the vehicle;

(g) a person in charge of a place entered by an authorised officer under this Law for the purpose of exercising a power under this Law;

(h) a consignor of goods for road transport;

(i) a packer of goods in a freight container or other container or in a package or on a pallet for road transport;

(j) a person who loads goods or a container for road transport;

(k) a person who unloads goods or a container containing goods consigned for road transport;

(l) a person to whom goods are consigned for road transport;

(m) a person who receives goods packed outside Australia in a freight container or other container or on a pallet for road transport in Australia;

(n) an owner or operator of a weighbridge or weighing facility used to weigh the vehicle, or an occupier of the place where the weighbridge or weighing facility is located;

(o) a responsible entity for a freight container on the vehicle;

(p) a loading manager for goods in heavy vehicles for road transport or another person who controls or directly influences the loading of goods for road transport;

(q) a scheduler for the vehicle;

(r) an employer, employee, agent or subcontractor of a person mentioned in any of paragraphs (a) to (q).

Rest, in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.

Heavy Vehicle National Law (HVNL)

• Heavy Vehicle National Law (HVNL) | (PDF version, 4.5MB)

• Heavy Vehicle (Fatigue Management) National Regulation | (PDF version, 686KB)

• Heavy Vehicle (General) National Regulation | (PDF version, 639KB)

• Heavy Vehicle (Mass, Dimension and Loading) National Regulation | (PDF version, 2.5MB)

• Heavy Vehicle (Vehicle Standards) National Regulation | (PDF version, 1.4MB)

HVNL Regulations

Application laws of the states and territories

Each state and territory covered by the HVNL has passed legislation that modifies some aspects of the HVNL for that state or territory.

Loading

Loading requirements

A load on a heavy vehicle must:

• not be placed in a way that makes the vehicle unstable or unsafe

• be secured so it is unlikely to fall or dislodge

• be restrained using an appropriate method of restraint

• be placed, secured or restrained in a way that meets the performance standards contained in the National Transport Commission's (NTC) Load Restraint Guide Second Edition 2004.

To provide heavy vehicle drivers, operators and other parties with further information about Heavy Vehicle National Law (HVNL) loading requirements, the NHVR has produced Compliance bulletin 9 – Heavy vehicle loading requirements (PDF, 91KB).

Load Restraint Guide

The Load Restraint Guide 2018 provides drivers, owners, operators, freight consigners, vehicle manufacturers, equipment manufacturers and suppliers with the basic safety principles that should be followed when designing a load restraint system to ensure the safe and efficient transportation of loads

Load restraint performance standards

The Heavy Vehicle National Law (HVNL) references the performance standards contained in the Load Restraint Guide Second Edition 2004 as published in the Commonwealth Gazette. The wording of the performance standards contained in the Load Restraint Guide 2018 has been amended to facilitate the future transfer of the performance standards into the HVNL, however the legal intent has not changed. The required level of restraint for a heavy vehicle load remains the same.

Update and review of guide

The NTC completed a major review of the Load Restraint Guide Second Edition 2004 in January 2018 to ensure it was clear, user friendly and based on the best available evidence on how to safely restrain and transport the majority of loads carried by heavy vehicles in Australia. This involved extensive consultation with the NHVR, transport industry, load restraint experts, road transport agencies, police and other stakeholders. Public comment was sought through the NTC’s website from 14 June to 9 August 2017. The Load Restraint Guide 2018 was formally approved by the Transport and Infrastructure Council on 10 November 2017.

The Load Restraint Guide 2018 provides accurate and up-to-date information that reflects current load restraint practices and heavy vehicle designs, such as Load Rated Curtain Systems and other technologies that have evolved since the Guide was first published in 2004. It presents information in a format that is easy to access and understand and is designed to meet the needs of the target audience. This information is based on the key steps involved in transporting loads to assist heavy vehicle drivers, operators and other parties to develop load restraint systems to suit their individual requirements.

FAQs

Where can I obtain a copy of the Load Restraint Guide 2018?

The Load Restraint Guide 2018 is available to download and hard copies can be ordered from the NTC at www.ntc.gov.au/heavy-vehicles/rules-compliance/load-restraint-guide

Useful Links

Chain of responsibility landing page:  https://www.nhvr.gov.au/news-events/hv-tv/cor-videos

Chain of Responsibility made simple: https://www.youtube.com/watch?v=E1aowfN2UEk#action=share

Industry Approaches to Safety Management Systems: https://www.youtube.com/watch?v=RQFmD6rcrqk