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Inside track: Transport, Shipping & Logistics

27 February 2019

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media 

NHVR to target consistency for livestock and bulk carriers
The NHVR will address inconsistency for livestock and grain harvest management schemes as part of the next round of heavy vehicle industry harmonisation projects. There are currently a range of Grain Harvest Management Schemes operating with different allowances for mass, conditions and costs for each state (22 February 2019).  More... 

Trial against Queensland truckie over freak death aborted
The case against a Queensland truck driver charged with the manslaughter of an 80-year-old motorist after allegedly losing control of his load has been dropped (21 February 2019).  More... 

Fortescue defends autonomous truck system after collision
Iron ore company, Fortescue Metals Group, has confirmed that an autonomous truck at its Christmas Creek iron mine in the Pilbara has reversed into a stationary truck (19 February 2019).  More... 

NSW Ports report takes aim at Newcastle
“Premature port investments will result in higher costs for NSW”, says a KPMG report commissioned by NSW Ports (19 February 2019).  More... 

NHVR to probe recent prime mover fires
A spate of truck fires has spurred the National Heavy Vehicle Regulator (NHVR) to launch a probe. NHVR safety standard and assurance executive director Geoff Casey says fires are obviously dangerous to heavy vehicle drivers, operators and other motorists, and often lead to major delays on key freight routes (18 February 2019).  More... 

TCA lifts lid on new telematics IVU upgrade
Transport Certification Australia (TCA) has updated the Telematics In-Vehicle Unit (IVU) Functional and Technical Specification (15 February 2019).  More... 

Greater mobility for cranes on New South Wales road network
The NSW Government has been working with industry to improve access for mobile cranes and deliver increased efficiency for the construction sector, while maintaining road safety and minimising travel time impacts to the broader community. Two key access improvements for mobile cranes; the establishment of a 60 tonne mobile crane network, as well as extended and more consistent night-time travel options are now effective from 15 February 2019 (15 February 2019).  More... 

Mass transit automation inquiry window on future
The Federal Parliament’s Standing Committee on Infrastructure, Transport and Cities has garnered near 50 published submissions for its mass-transit automation inquiry (14 February 2019).  More... 

Roll stability requirement for dangerous goods tankers
The NSW Environment Protection Authority (EPA) says a key heavy vehicle road safety initiative has now been extended to all dangerous goods tank trailers. Compliance checks will be carried out to ensure tank trailers carrying dangerous goods using NSW roads have fitted the rollover control system (13 February 2019).  More... 

New South Wales reminds light-vehicle drivers of shared road safety responsibility
A crash on the Hume Highway, north of Tarcutta, in which a B-double livestock truck rolled after an incident involving a 4WD towing a caravan, has led authorities to reinforce their message that road safety is a shared responsibility. In response, Transport for NSW has reinforced its ‘Be Truck Aware’ message, noting that due to trucks’ bigger blind spots and inability to slow down as quickly as other vehicles (13 February 2019).  More... 

Alarm rung over Sydney empty container system
CTAA highlights pressures from more boxes, redirections and park capacity reduction. Sydney is beset by cost-heavy forces on haulage around Port Botany, Container Transport Alliance Australia (CTAA) flags (12 February 2019).  More... 

Published - articles, papers, reports 

Infrastructure priority list: Project and initiative summaries
Infrastructure Australia: 14 February 2019
The 2019 Infrastructure Priority List details nationally significant investments, providing decision makers with advice and guidance on specific infrastructure investments in Australia.  More... 

NTC Newsletter On the Road - Issue 53, 18 February 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

AUSTROADS: Guide to Road Safety Part 6: Managing Road Safety Audits
AGRS06-19 Edition: 1, 20 February 2019
Guide to Road Safety Part 6: Managing Road Safety Audits provides guidance on the procurement, management and conduct of road safety audits. It aims to inform practitioners new to road safety audit principles and concepts.  More... 

AUSTROADS: Guide to Road Safety Part 6A: Implementing Road Safety Audits
AGRS06A-19 Edition: 1.2, 20 February 2019
This document serves to re-issue the content of the previous 2009 edition of the Austroads Guide to Road Safety Part 6: Road Safety Audit, albeit with a change in title and reference (Part 6A) to more accurately reflect the original objective.  More... 

NTC HVNL review: New microsite, review approach and expert panel meeting
NTC has launched a new microsite dedicated to the HVNL review. It is your primary resource for updates on the review, information from the expert panel and providing feedback (12 February 2019).  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. NOTE: Industry and business feedback details and deadlines are as follows: Logistics - March 13, Traffic - March 29 & COR - March 29.

NFF Chain of Responsibility… Made Easy!
The resources include compliance checklists and factsheets that explain what farmers need to do to comply with the Chain of Responsibility legislation. The online resources, and information on the workshops, are hosted by the NFF on the Australian Farmers website here

NTC driver distraction and the Australian Road Rules
The NTC released an issues paper for public comment with the aim of further exploring questions around responsibility for driver distractions, technologies that can assist and distract from the driving task, and prescriptive versus performance-based approaches. The paper closed for comment on 14 February 2019. Following the receipt of submissions, the NTC will develop a discussion paper outlining possible solutions for release in June 2019.

AMSA Consultation - Draft Marine Order 44 - (Safe containers) 2019
Have your say by 1 March 2019. Marine Order 44 (Safe containers) 2019 applies to and in relation to containers and offshore containers used in international, inter-State sea transport or intra-State sea transport, but does not apply to a container that remains for the entire voyage on road or rail vehicle.  More... 

AMSA Consultation Electrical safety on vessels
Have your say by 28 February 2019. Your say on the National Standard for Commercial Vessels (NSCV) Part C5B—Design and Construction—Engineering—Electrical. This provides standards for the design, construction, installation, and repair of electrical installations for vessels. It must be read in conjunction with NSCV Part B—General Requirements.  More... 

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

Cases

Le v Brown, Nguyen v Brown; Tran v Brown; Monica v Brown; Huggett v Brown (No.2) [2019] NSWSC 88
TORTS - Personal injury damages – negligent breach of duty to exercise reasonable care - apportionment of liability – contribution between joint tort-feasors where there are multiple tort-feasors and cross claimants – provision of indemnity by compulsory third party insurance policy – whether public liability insurance policy provides indemnity – no point of general principle.
The experts agreed that if the driver wasn't informed of the actual mass, that was another breach of the chain of responsibility . The use of the side-loading trailer contributed to the crash and it was a breach of duty not to have checked that a side-loader could legally and safely carry that weight. Road Transport (General) Act 2005; Road Transport (Mass, Loading and Access) Regulation 2005; Road Transport Act 2013. Texts Cited: Heavy Vehicle Driver Handbook, Roads and Maritime Services. The claims of the plaintiffs arise out of a collision which took place at 10:40am on 28 June 2012 between a Freightliner motor truck registration number BE33XV (“the Freightliner”) and several other vehicles.

Legislation

Commonwealth

Gazetted

Heavy Vehicle National Law - Heavy Vehicle Stated Maps – Amendment Notice 2019 (No.1)
20/02/2019 - The purpose of this Notice is to amend stated maps for vehicles at the request of road managers.
The amendments take effect 28 days after publication.

Heavy Vehicle National Law - Multi-State Class 1 LCV Mass Exemption Notice 2016 Amendment Notice 2019 (No.2)
14/02/2019 - This Notice amends the Multi-State Class 1 Load Carrying Vehicles Mass Exemption Notice 2016 (LCV Dimension Exemption) by replacing the South Australia Schedule. 

Heavy Vehicle National Law - South Australia Approval for a Bus Towing a Disabled Bus to Exceed an Overall Length of 19m Amendment Notice 2019 (No.1)
11/02/2019 - The purpose of this Notice is to extend the operation of a Notice issued under a former corresponding law for the Heavy Vehicle National Law. This Notice amends the Exemption for Buses to Exceed a Width of 2.5 metres published by the South Australia Government on 31 December 2002. 

New South Wales

Regulations and other miscellaneous instruments
Dangerous Goods (Road and Rail Transport) Amendment (Model Law) Regulation 2019 (2019-73) — published LW 15 February 2019.

Queensland

Transport Legislation (Road Safety and Other Matters) Amendment Bill
Introduced by: Hon M Bailey MP on 13/02/2019
Stage reached: Referred to Committee on 13/02/2019
Introduced by: Hon M Bailey MP on 13/02/2019 Stage reached: Referred to Committee on 13/02/2019
This Bill amends the Heavy Vehicle National Law Act 2012, the State Penalties Enforcement Act 1999, the Traffic Regulation 1962, the Transport Infrastructure Act 1994, the Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018, the Transport Operations (Marine Pollution) Act 1995, the Transport Operations (Road Use Management) Act 1995, the Transport Operations (Road Use Management - Dangerous Goods) Regulation 2018, the Transport Operations (Road Use Management - Driver Licensing) Regulation 2010 and the Transport Planning and Coordination Act 1994. The amendments in this Bill aim to address road safety issues and marine pollution.

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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