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Inside track: Transport, Shipping & Logistics

21 May 2019

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

Fix the truck laws and save families $400 a year: Deloitte Access Economics
The CEO of the Australian Trucking Association, Ben Maguire, said in the eastern states and South Australia, trucking operators are regulated by the HVNL, which determines the trucks we can use and the access permissions that are required. In 2011, it was predicted that the law would deliver up to $12.4 billion in economic benefits. This devastating independent report shows that the law has failed (16 May 2019).  More...

Australia Post delivers road safety
Australia Post and the Australian Trucking Association (ATA) have launched a four-year partnership with a focus on road safety. Group Chief Operating Officer at Australia Post, Bob Black said the partnership would have a focus on educating drivers on how to share the road safely with heavy vehicles (16 May 2019).  More...

Palaszczuk Government launches plan to improve heavy vehicle safety
The Palaszczuk Government has released its plan to reduce heavy vehicle fatalities on Queensland roads. Developed in consultation with the Queensland Trucking Association, National Heavy Vehicle Regulator and Queensland Police Service, the plan identifies 36 heavy vehicle safety interventions targeting safer roads, vehicles, speeds and people (16 May 2019).  More...
For more information on the plan visit the website.

HVIA and ATA in parliamentary group link
The Australian Trucking Association (ATA) and Heavy Vehicle Industry Association (HVIA) have signed a memorandum of understanding (MOU) committing to work together on key policy issues (16 May 2019).  More...

National fatigue compliance remains steady
NHVR Chief Operations Officer Paul Salvati said of the fatigue-related vehicles there were 3272 compliant drivers, which was 93 per cent. Those drivers operating under Basic Fatigue Management recorded more than 96 per cent compliance rate while there were no breaches for drivers operating under Advanced Fatigue Management (16 May 2019).  More...

NatRoad 19: Multi-faceted driver shortage solution
NatRoad CEO Warren Clark underscores his desire for a heavy vehicle operation being recognised as skilled trade, and the skill level of new entrants being adequate to undertake the task. To facilitate this, NatRoad is launching a dedicated road transport employment portal, and is proposing a driver accreditation scheme to recognise best-practice drivers (15 May 2019).  More...

Report shows one in five new heavy vehicles PBS approved
The National Heavy Vehicle Regulator and the Australian Road Transport Suppliers Association today released a joint report that finds one in five relevant new heavy vehicles manufactured in Australia are now Performance-Based Standards (PBS) approved (16 May 2019).  More...

Opinion: Spotlight on an unwise digital divide
In a recent National Road Transport Association (NatRoad) submission to the Victorian Inquiry into the On-Demand Workforce, the best way to regulate digital platforms was explored. NatRoad considers that if  the digital platform issues invoices associated with the freight task, and therefore has control over the execution of the task, then they would have CoR obligations (16 May 2019).  More...

Route pre-approval maps fast track for route planning: NHVR
Heavy vehicle operators will have access to 1,500 additional routes when planning a journey, with extra functionality added to the mapping system on the National Heavy Vehicle Regulator Portal (15 May 2019).  More...

NHVR lifts lid on COR enforcement effort
The National Heavy Vehicle Regulator (NHVR) has warned executives of heavy vehicle supply chain companies to be aware of their responsibilities under the changed Chain of Responsibility (COR) laws following a number of current investigations (13 May 2019).  More...

Ship escorting - A changing mission
Ships are escorted in several ports around the world, for instance in the U.S., Europe, Australia and Japan.
What can be seen now is that the escorting of large gas carriers has increased considerably. Escorting of very large bulk carriers has started to take place, and in at least one port very large container vessels are escorted. Whether this is needed for a port or fairway depends on investigation of accidents that have happened and/or the outcome of risk assessments (12 May 2019).  More...

Volvo delivers distance keeping haulage safety solution
A new safety function that makes it easier for long haul truck drivers to maintain safe distance from the vehicle ahead has been introduced by Volvo Trucks (10 May 2019).  More...

Victorian curfew blitz renews truck initiative calls
A recent VicRoads operation in Melbourne’s inner-west targeting heavy vehicle curfew breaches has renewed calls to implement a cleaner freight solution as a middle ground between the needs of industry and community (07 May 2019).  More...

NSW Police seething after GPS jamming incident
NSW Police has stern words for industry after it uncovered a drug-affected truck driver using a GPS jamming device and a modified speedometer during a compliance operation at Mount White (06 May 2019).  More...

Published – articles, papers, reports

National transport regulatory reform: Issues paper
Productivity Commission: 17 May 2019
The Productivity Commission has been asked to complete the inquiry by April 2020, and to consult with stakeholders, including transport operators, drivers, industry groups, end users and State, Territory and local Governments. This issues paper outlines a range of issues and questions on which the Commission seeks information and feedback.  More...

Performance Based Standards - Australia’s PBS fleet 2019
Joint report: NHVR and Australian Road Transport Suppliers Association (ARTSA): May 2019
The report shows in the last five years total new PBS combination approvals have doubled, while the heavy vehicle market has only grown by 20 per cent over the same period.  More...

NTC on the Road on the Road - Issue 59, 13 May 2019
On the Road provides important information on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes, and resources to help industry members comply with the HVNL.  More...

In practice and courts

NHVR: Route pre-approval maps fast track for route planning
Heavy vehicle operators will have access to 1500 additional routes when planning a journey, with extra functionality added to the mapping system on the NHVR Portal. Pre-approvals eliminate the need for individual road manager consents for agreed routes, allowing councils to get low-risk applications on their way, so they can focus resources on more complex applications. For more information, access the NHVR Portal on the website (15 May 2019).  More...

NHVR: Call for operators using fatigue monitoring technology
The research team will ask operators to provide access to data, discussions with staff and drivers using the technology. Expressions of interest are due by May 21. For more information see the fatigue monitoring trial.  More...

NTC Issues Paper: Regulatory style and structure of the HVNL
The released issues paper seeks views on ways to make the law outcome focused and less prescriptive while ensuring safety and promoting productivity. This foundation paper is the first of eight issues papers in a rolling consultation to mid-2019.  More...

AFIF: Biosecurity levy update - Revised start date 1 September 2019
The Government has announced a delay with a new start date of 1 September 2019 and a consequent small loss of revenue associated with a later start date.  More...

NHVR: Fatigue monitoring trial
The NHVR is undertaking a trial of fatigue safety related technologies to gain a greater understanding of how they work and are used. The trial is being conducted in five phases between January 2019 and June 2020.The purpose of the trial is to determine how best to encourage industry uptake of technology that monitors drivers and detects fatigue and/or distraction.  More...

Reminder: Anti-Slavery Act
The first reporting year for companies with the Australian financial year is 1 July 2019 - 30 June 2020 so businesses should be aware of these obligations this year.  More...

AFIF National Conference 2019
We welcome you to join us at the AFIF 2019 National Conference and Gala Dinner, at Hyatt Place Melbourne, Essendon Fields VIC from May 23 - 24, 2019. Registrations are now open. Full Program details can be found here.

Cases

Degroma Trading Inc v Viva Energy Australia Pty Ltd [2019] FCA 649
ARBITRATION – application for stay of proceeding pending in court under s 7 of the International Arbitration Act 1974 (Cth) – principle of separability – whether an arbitration agreement came into existence – whether a requisite separate attack on the arbitration agreement present – where arbitration agreement alleged to be contained in an exchange of correspondence about the terms of a bill of lading – whether court or arbitrator should decide whether arbitration agreement came into existence – application for stay granted.
Transal replied, advising of how the Master would clause the bill and requesting a final draft bill of lading, as follows: Dark particles present in  cargo and the cargo being haze; Cargo loaded without being analysed.

Walden v Queensland Police Service [2019] QDC 63
The decision of the learned magistrate is varied by setting aside the conviction and sentence under Transport Operations (Road Use Management) Act 1995 (Qld), s 92(1)(a).
MAGISTRATES – APPEAL AND REVIEW – QUEENSLAND – APPEAL – where the appellant was convicted of an offence against Transport Operations (Road Use Management) Act 1995 (Qld) s 92(1)(a) – where the charge was incorrectly drawn – where no application to amend - whether the Magistrate erred by failing to apply the appropriate test for the offence.
Maximum penalty— (b) otherwise—20 penalty units or 1 year’s imprisonment.
The appellant’s solicitor drew s 93 of the Act to the magistrate’s attention. However, that provision was introduced by s 52 of the Heavy Vehicle National Law and Other Legislation Amendment Act 2018 (Qld) and so was not in force at the relevant date, being 6 July 2017.

Legislation

Queensland

Queensland Parliament

Heavy Vehicle National Law Amendment Bill 2019
Transport and Public Works Committee – Report due 23 May 2019.
Commencement (1) Part 2 commences on 10 December 2019 (2) Part 3 commences on a day to be fixed by proclamation.

Subordinate legislation as made – 17 May 2019

No 74 Transport Legislation (Fees) Amendment Regulation 2019
Includes fees for dangerous goods transportation and vehicle standards and safety.

Contacts:
Sydney:
Nathan Cecil, Partner
T: +61 2 8083 0429
E: nathan.cecil@holdingredlich.com

Geoff Farnsworth, Partner
T: +61 2 8083 0416
E: geoff.farnsworth@holdingredlich.com

Melbourne:
Harry Kingsley, Partner
T: +61 3 9321 9888
E: harry.kingsley@holdingredlich.com

Brisbane:
Suzy Cairney, Partner
T: +61 7 3135 0684
E: suzy.cairney@holdingredlich.com

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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