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Inside track: Transport, Shipping & Logistics

25 March 2019

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

TCA unveils intelligent mass document
Transport Certification Australia (TCA) has released the final version of the functional and technical specification for intelligent mass. Intelligent mass responds to a diverse range of needs. Road managers, regulators (across different industry sectors), transport operators and other parties along the supply chain will benefit from the availability of intelligent mass (22 March 2019).  More...

Vehicles as a Workplace report released
The Vehicles as a Workplace – Work Health & Safety Guide has been released outlining the duties and laws that govern firms, organisations and individuals who use vehicles for work purposes on the road networks of Australia or New Zealand (21 March 2019).  More...
The full report can be found here.

Waste transport offences on EPA radar
Environment Protection Authority (EPA) officers from New South Wales and South Australia held operations monitoring waste transporters recently, with issues such as illegal disposal and load restraint being targeted (19 March 2019).  More...

NHVR, Queensland police in various compliance campaigns
Enforcement is targeting heavy vehicle driver fatigue in the lead-up to Easter, with recent examples from the National Heavy Vehicle Regulator (NHVR) and Queensland Police emphasising that focus (18 March 2019).  More...

NatRoad adds voice to vehicle width calls
The National Road Transport Organisation (NatRoad) has added weight to recent appeals to increase the maximum width for heavy vehicles in Australia. It argues the current limits are an impediment to reducing the age and increasing the safety of Australia’s truck fleet (14 March 2019).  More...

Queensland freight strategy strives to use technology to deliver increased efficiency and safety
The Australian Logistics Councils’ pleased that the Queensland Freight Strategy –Advancing Freight in Queensland–released by the Minister for Transport and Main Roads, the Hon. Mark Bailey MP, emphasises the importance of new technologies and building resilience in the Queensland supply chain (13 March 2019).  More...

Federal funding to fix Queensland ‘black spots’
Forty-four dangerous crash sites on Queensland roads will be substantially improved over the next 12 months thanks to funding under the Federal Liberal and Nationals Government’s Black Spot Program (11 March 2019).  More... 

'Catastrophic crash waiting to happen': Driver of 53-metre road train allegedly high on ice
A truckie who was allegedly high on ice when he was pulled over by police for driving his three-trailer road train erratically on the Stuart Highway in the Northern Territory has been slammed for "besmirching the reputation of the entire industry" (11 March 2019).  More... 

Published – articles, papers, reports

NTC On the Road - Issue 55, 18 March 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.

In practice and courts

New Draft Standards - DR AS 1940:2017 Amd 1:2019
The storage and handling of flammable and combustible liquids.Standards Australia can be found here .

NHVR simplifies PBS approval process
The National Heavy Vehicle Regulator (NHVR) has streamlined the performance based standards (PBS) access permit process, making it simpler to add new PBS vehicles to an existing vehicle approval (VA).
As of April 1, 2019, the VA number will not change when adding or removing identical vehicle units.  More...

NHVR: Time saving for new rego portal access
Operators can save up to 15 minutes per vehicle with access to real time registration information through the NHVR Portal – Registration Module and meet industry requests for additional Chain of Responsibility support. For more information on the sharing function in the NHVR Portal click here (13 March 2019).

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. See the Introduction to the Fatigue Monitoring Trial.

NHVR Discussion Paper: Review of Tyre Management Practices in the Australian PBS System
This discussion paper provides a broad overview of the state of knowledge of how tyres behave and what the key tyre characteristics are in relation to the performance measures in the PBS scheme. The tyre properties discussed include inflation pressure, vertical stiffness, lateral force, aligning moment and relaxation length. See the Review here. Feedback on the paper is open until 28 March 2019.

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...

AIS draft training packages: Industry input
Australian Industry Standards (AIS) is seeking feedback on three draft training packages finalised by the relevant technical advisory committees (TACs).The packages relate to traffic operations qualification, logistics operations qualification and Chain of Responsibility (COR) units of competency. 

Current Government Inquiries
Performance of the Australian Maritime Safety Authority
Status: Accepting Submissions
Date Referred: 18 February 2019
Submissions Close: 29 March 2019 

Cases

DPP v JCS Fabrications Pty Ltd and Anor [2019] VSCA 50
CRIMINAL LAW – Interlocutory appeal – Occupational health and safety – Employer’s alleged failure to ensure that persons other than employees are not exposed to risks to health and safety – Unsecured plant falling from truck in the course of unloading – Non-employee suffered fatal injuries – Indictment and particulars allege that respondents failed to maintain a system with respect to the unloading of the plant by failing to ensure that a forklift supported the plant before restraint strapping released during the task of unloading the plant – Defence response relies on employee’s training, experience and previous adherence to system — Whether relevant to fact in issue — Defence response pleads that even if respondent’s employee failed to follow system the prosecution must still prove that there was reasonably practicable measure to maintain the system – Whether proper – Whether rules of attribution apply — Whether vicarious criminal liability applies.

Legislation

Commonwealth

Regulations

Australian Maritime Safety Authority Fees Amendment Determination 2019
22/03/2019 - This determination amends the Australian Maritime Safety Authority Fees Determination 2015 which commences on 01 April 2019.

Queensland

Subordinate legislation as made – 22 March 2019
No 27 Proclamation—Transport and Other Legislation Amendment Act 2017 (commencing remaining provisions)
To fix 1 April 2019 for the commencement of the provisions of the Act that are not in force.

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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