New NHVR Services and Activities from 1 September 2013

As you may be aware, the Standing Council on Transport and Infrastructure (SCOTI), recently agreed to the Heavy Vehicle National Law (HVNL) commencing on 1 September 2013.

Subject to the state and territory parliaments passing and proclaiming the HVNL application law by this time, from the next business day, Monday 2 September, the NHVR will commence delivery of an expanded range of services and activities in addition to its current administration of the National Heavy Vehicle Accreditation Scheme (NHVAS) and Performance Based Standards (PBS).

These new services and activities include:

1. Heavy Vehicle Access 2. Local Productivity Initiatives and National Notices 3. Compliance and Enforcement 4. Risk Classification System for Advanced Fatigue Management 5. Vehicle Standards 6. National Work Diary

Outlined below is a brief overview of some of the new services and activities and what they mean for your members.

Western Australia will continue with its existing arrangements. The NHVR will work to identify ways to assist operators who work in and out of Western Australia and more information will be provided up to and post 1 September.

1. Heavy Vehicle Access

From 1 September 2013, except for WA, the NHVR will be the single point of contact for heavy vehicle access permit applications via the National Contact Centre and national Access Management System (AMS) that will be available from our website – www.nhvr.gov.au .

This will mean efficiencies and cost savings for industry by only needing one application with one fee to one single point of contact. The details of how to use the new AMS will be released in July and August as part of a national communication campaign. This system may be different to what your members are used to in individual states and territories and we will point out these differences.

We are working on the national forms for permit applications and will distribute these out to you as early as possible in July to get your feedback. Our updated website will also have an on-line help tool to assist operators to choose the appropriate form and fill it out correctly.

Following receipt of an application online, by mail or fax the NHVR will then liaise with all relevant road managers to get a response to the application. While the HVNL ordinarily allows for between 14 and 28 days for a road manager to respond, it is anticipated that the turnaround time will be much less for many types of permits and the NHVR will be working closely with all parties to ensure as quick a response as possible for particular types of permits.

1 | P a g e Significantly, heavy vehicle access permit applications will be assessed by both the NHVR and road managers against one set of specific criteria required by the HVNL, rather than the differing criteria under the current legislation of the states and territories. In particular the responsibility for assessing vehicle safety will be a matter for the NHVR.

To expedite the processing of applications for heavy vehicle access permits, the NHVR will have within its available budget, dedicated case managers to liaise between applicants and relevant parties such as road managers, utilities and other transport authorities such as rail operators. A lot of work has been done in liaison with road managers to prepare for these new arrangements as part of the transition from current state and territory based permit application processes.

Case managers will also handle Oversize/Overmass (OSOM) applications. We are working with local government to identify routes and conditions to use in potential pre-approval approaches for key OSOM networks to help facilitate quick turnaround times for permits. This includes getting details of Local Government staff that process permit applications so we can load this into the new AMS. An information pack on the new arrangements under the HVNL was sent out to all Councils throughout Australia in June.

Additionally, the NHVR is involved with the Austroads project to develop a nationally recognised accreditation scheme for pilots/escorts with further immediate work planned to develop consistent requirements for access conditions related to their use.

Other features of heavy vehicle access that will be in operation from September will be:

 Ministerial Guidelines on Access - these will outline nationally consistent guiding principles for granting access and will also be used as a check during any internal review processes that are requested by operators.  National Vehicle Classification Framework and Route Assessment Framework – this will form a nationally consistent method of classifying vehicles, reducing red tape by having one interpretation rather than eight.  Consolidated national operational policies and guidelines, initially for: o Oversize/overmass vehicles - Low-loaders o Restricted access vehicles - B-doubles o Special purpose vehicles – Cranes

Drafts of the above will be distributed for comment in July.

From September the NHVR itself will be deciding PBS applications with advice from the PBS Review Panel (PRP). After approval from the NHVR, vehicles will get more streamlined access to the relevant parts of the road network. Ministers will have the ability to refuse access if they believe a particular vehicle design is not compatible with their networks.

2. Local Productivity Initiatives and National Notices

The NHVR has worked closely with state and territory road/transport agencies to identify opportunities for the harmonisation of different existing notices, policies and guidelines into single national notices with common baseline conditions. These notices will be available for your information prior to September, together with supporting information sheets.

2 | P a g e The following Local Productivity Initiatives (LPIs) will come into effect in regulations from 1 September 2013:

 The use of LED warning lights of 25W.  Refrigerated trailers up to 14.9m in a single trailer combination.  6.5t or 6.7t general mass limits on steering axle (depending on tyre width) unless reduced in an individual state or territory.

In addition, a national notice with common baseline conditions will come into effect from 1 September 2013 for mechanical tarping and safety harness exemptions.

The following National Notices with individual state and territory conditions will come into effect from 1 September 2013:

 4.6 m high semi-trailer exemption notice  4.6 m livestock carrier authorisation notice  4.6 m heavy vehicle (car carrier) authorisation notice  B-Double authorisation notice  Road train authorisation notice  Agricultural vehicles exemption notice  OSOM load carrying vehicle exemption notice  OSOM special purpose vehicles exemption notice  19 m long truck and dog combination exemption notice  Baled agricultural commodities exemption notice  Spreader box exemption notice  Converter dolly exemption notice  14.5m long bus

The NHVR will produce more national notices with common baseline conditions throughout 2013-14 and beyond.

Existing Higher Mass Limits (HML) will continue in their current form until further notice. All other existing state and territory based arrangements such as individual or class permits, trials, and schemes such as livestock loading and grain harvest management will continue to have effect in their current form from 1 September 2013.

3. Compliance and Enforcement

The following national on-road Compliance & Enforcement (C&E) guidelines are being developed with input from states, territories and police agencies for use from 1 September 2013:

 Driver Fatigue / Work Diary Guidelines  Defective Heavy Vehicles and Defect Notices Guideline  Load Restraint Guidelines (including Directions)  Mass and Dimensions Guideline (including Measurement Adjustment & Directions)  Restricted Access Vehicle (RAV) Guideline  National Heavy Vehicle Accreditation Scheme (NHVAS) Guideline

3 | P a g e The guidelines are to be used by states and territories in the updating and/or development of operational instructions for road/transport Authorised Officers performing on-road C&E activities under the HVNL. This is intended to provide a higher level of consistency in enforcement as part of national coordination and direction from the NHVR, with some flexibility to accommodate current state and territory systems and equipment, etc.

The use of the guidelines, directions from the NHVR and other requirements will be included in the Service Agreements that the NHVR will have with states and territories along with ongoing efforts during 2013-14 to achieve greater enforcement consistency.

Positive discussions are continuing with Police Agencies regarding their ongoing engagement with the NHVR, recognising their substantial contribution to enforcement. The NHVR is delivering training support to Police Agency internal training specialists, in order to support Police in training those Officers who require familiarity with the HVNL. I believe this is the first occasion in which national support of this kind has been provided to accompany a change in Australia’s heavy vehicle laws. It is an indication of the desire of the NHVR to work closely with Police in the years ahead. As previously indicated the NHVR will not be able to direct Police Agencies.

We have updated the national Defect Categorisation Guidelines to streamline defective heavy vehicle processes in order that defects can be categorised consistently. We are continuing to work on harmonising the current differences in defect classes (Formal Warning, Minor, Major) and will keep you informed.

From September, the NHVR will progressively build a dedicated chain of responsibility (CoR) team that will raise awareness, provide national coordination of effort and conduct national investigations. This team will also work with and compliment the efforts of existing CoR teams in states and territories. Approved recommendations from the NTC CoR Taskforce will also be implemented.

In addition there will be consistent national penalties for offences under the HVNL. Importantly, the penalties reflect a greater distinction between documentation and safety related offences. An example of this distinction is that the Penalty Infringement Notice amount for minor infringements such as incorrectly recording certain required information in a written work diary has been reduced from an average of $605 down to $150. To ensure penalties remain appropriate, the National Transport Commission (NTC) is conducting a review of the national penalties by early 2014 for consideration by Ministers.

September will also see the commencement of national frameworks for registration of industry schemes and codes of practice. The NHVR will be the single point of contact to apply for registration rather than having to make separate applications for registration in each state and territory. The conditions that schemes and codes will need to meet in order to get registration are being developed and there will be an opportunity for industry associations to have input. Codes of Practice already registered in states and territories will transition to the HVNL and continue to have their current status in the state/territory in which they were registered.

As I have indicated in a recent email, one of the areas of focus for the NHVR Industry Operations Group will be to identify service and operational improvements for consideration by the NHVR in areas such as accreditation, fatigue, compliance and enforcement, CoR and codes of practice.

4 | P a g e 4. Risk Classification System for Advanced Fatigue Management

The NHVR is aware that the costs and timelines for getting into Advanced Fatigue Management (AFM) have been viewed by industry as unattractive.

The Pilot Program for the new approach to AFM known as the Risk Classification Scheme (RCS) has commenced with a range of operators participating in a desk top analysis of business requirements and associated patterns of work, rest and sleep hours against the new RCS. The Pilot Program will extend to in-field assessment of approved hours from September for a three year period. During this period the RCS will become more broadly available to operators.

Other features of the RCS will be an online coaching tool that operators can use at no cost to assess the hours that suit their business, publicly available templates of approved hours that are being used by other operators, dedicated staff in the NHVR to process applications and assist operators and a new expert panel to provide advice to the NHVR on AFM applications.

From September, there will also be one nationally consistent set of policies and procedures for dealing with exemptions from Work Diary and Work / Rest requirements. We are working on the national forms for these exemptions and we will distribute them to industry associations in July to get your feedback.

5. Vehicle standards

The NHVR will be the single place for industry to apply for exemptions from vehicle standards to heavy vehicles such as:

 Vehicle Standards Exemption Notice (issue and amendment)  Vehicle Standards Exemption Permit (issue and amendment)  Reviewable Decisions for above  Vehicle Standards Modifications

In addition, for vehicle modifications, the NHVR will introduce a single national code of practice for vehicle modifications. This will cover the vast majority of vehicle modifications which will continue to be dealt with as a transaction between the operator and the approved modifier, without the need for the NHVR to be involved in the transaction. For the small number of instances (estimated at less than 10%) outside of this code of practice, the NHVR will be the single national point of contact for such approvals.

We are working on the national forms for exemptions and modifications and we will distribute these to industry associations in early July to get your feedback. Our updated website will also have an on-line help tool to assist operators to choose the appropriate form and fill it out correctly.

In regard to inspected items for vehicle inspections, guidance will be provided through the National Heavy Vehicle Inspection Manual (HVIM) currently used by states and territories as the basis of the inspection. Current state and territory inspection procedures will change at the margin where necessary regarding how inspections are conducted to ensure consistent implementation of the HVIM across Australia. From September, there will also be a single point where operators can apply for a Vehicle Standards Exemption Permit or to modify a heavy vehicle.

5 | P a g e There will also be mutual recognition of vehicle standards from September. This means a modification inspection conducted in a state or territory will be nationally recognised, defect inspections can be completed and the defect cleared in any state or territory either by an Authorised Officer or Approved Vehicle Examiner (if permissible under the state or territory scheme).

We are working on better ways to have defect clearances communicated between states and territories in order for details to be updated more quickly. Approved Vehicle Examiner and Registered Engineering schemes will remain the responsibility of jurisdictions and will be managed by the NHVR through Service Agreements.

6. National Work Diary

The National Driver Work Diary has been updated to reflect the requirements contained within the new Heavy Vehicle (Fatigue Management) National Regulation 2013.

The new diary will have simplified daily sheets and advice on the fatigue laws. Under the new national work diary, drivers will record:

 Their vehicle registration once a day or if their vehicle changes, rather than at every break.  The location and odometer reading at the start of a rest break, and not when finishing their rest break too.  Their operator’s Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) accreditation number once in the diary (or again if it changes), rather than on every daily sheet.

Solo drivers are no longer required to record the state of territory where their licence was issued. A new optional comments section is also included to recording such information as delays and notes made by Authorised Officers.

The NHVR will work with the states and territories to make sure the new work diary is available for sale nationwide from 1 September 2013, from the same places that you currently buy your work diary (subject to agreements being finalised with state and territory governments).

Current work diaries can be used for up to six months after the national law and regulations commence from 1 September 2013. After that period, drivers must use the new work diary.

Summary

I trust that this information gives you a better understanding of what the NHVR is delivering from September.

Please feel free to distribute this information through your networks to ensure your members keep informed on the NHVR’s progress.

Regards Richard Hancock CEO NHVR

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