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Inside track: Transport, Shipping & Logistics

28 July 2020

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media

800 Ruby Princess passengers join class-action lawsuit
A class action lawsuit has been filed against the operators of the cruise ship Ruby Princess, which docked in Sydney in March and has been linked to 21 deaths and 700 cases of COVID-19 across Australia (24 July 2020).  More...

Keeping shipping moving – MSQ leads Australia in protecting health and the economy
Shipping Australia has been asking the authorities for protocols to handle COVID-19 positive seafarers. Maritime Safety Queensland has delivered. The way that the Hokkaido Bulker has been handled by MSQ is an example of best practice and similar protocols should be adopted (23 July 2020).  More...

Shipping Australia briefs Australian Federal Government on seafarer crew change crisis
Shipping Australia was asked, at very short notice, to provide a brief on how the shipping industry takes into account the need for COVID-19 risk mitigation together with evidence that the shipping industry alleviates that risk through action (23 July 2020).  More...

Shipping companies protect seafarer health against COVID-19, survey reveals
A new joint survey by the International Chamber of Shipping and the International Transport Federation reveals that shipping companies are taking strong measures to protect the health of seafarers and the general public from COVID-19 (23 July 2020).  More...

Australia to inspect every box ship in new crackdown on cargo securing
Australia has put containership operators and masters “on notice” of a new inspection campaign targeting cargo securing. Following recent incidents resulting in containers being lost overboard, the AMSA has vowed to inspect every cargo ship calling at Australian ports between August and October (24 July 2020).  More...

Australia starts container ship inspections due to overboard losses
The AMSA is launching an inspection effort targeting cargo securing arrangements on container ships visiting Australian ports. The program, which is in response to recent incidents of containers lost overboard, is aimed at education, improving standards, and reducing the number of incidents that result in cargo being lost at sea (22 July 2020).  More...

Government delivers national freight protocol
National Cabinet has endorsed a new Domestic Border Control Freight Movement Protocol to keep freight moving across Australia. National Cabinet agreed to upgrade the protocol to an Enforceable Code by state and territory jurisdictions (24 July 2020).  More...

ATA technical council to tackle drawbar trailer safety
The Australian Trucking Association’s (ATA) Industry Technical Council is undertaking a project on drawbar trailer safety, to develop a Technical Advisory Procedure, a voluntary guide to meet the needs of industry and fill the gaps in vehicle standards (24 July 2020).  More...

 Federal Government won’t appeal Federal Court live export decision
The Federal Government on Wednesday night announced it will not appeal the Federal Court decision declaring the 2011 live cattle export suspension to Indonesia illegal. In its response, Cattle Council of Australia said the Commonwealth’s decision not to appeal a Federal Court ruling was a win for common sense (22 July 2020).  More...

Joint industry call for truckies to lead by example
The National Heavy Vehicle Regulator, Australian Trucking Association and its member associations have called on truck drivers to take a proactive approach to protecting themselves and the community to help slow the spread of COVID-19 (22 July 2020).  More...

Transport operators out of step with emissions targets
Qantas, which was named in the analysis as the country's biggest transport emitter, was the only company to commit to the target, which is considered a key element of the Paris Climate Agreement to reduce global temperatures to well below 2 degrees. Freight and logistics companies Aurizon, Toll and Linfox were listed as major emitters that have outmoded climate targets (18 July 2020).  More...

More industrial action at DPW Australia hits already-stretched supply chains
More industrial action at all four DP World Australia terminals starts this week, adding to challenges to the country’s container supply chains that include bad weather, schedule changes and port congestion.
In February, MUA was dealt a blow after DP World won an interim injunction against the union over further full-blown industrial action, although PIA is still legally permitted (16 July 2020).  More...

Ensuring the continued success of organic exports
The Australian Government is proposing new rules to continue to provide a basis for the regulation of organic exports, and as a first step in strengthening and simplifying the current framework (21 July 2020).  More...

HVIA: New JobTrainer, plus extensions to JobKeeper and loan guarantees
Significant announcements have been made to stimulus measures over the last few days including and extension and forthcoming changes to the JobKeeper scheme and to SME Loan guarantees, and the new JobTrainer scheme (21 July 2020).  More...

Valuing place in the road transport system
Austroads has published a research report to guide transport practitioners in better classifying, measuring and valuing Place through transport planning processes (20 July 2020).  More...

Chief Health Officer Queensland letter to freight and logistic drivers
The Queensland Government has released a letter to freight and logistics operators highlighting the potential COVID-19 transmission risk (17 July 2020).  More...

Queensland firm’s B-double device set 25 per cent above limit: TfNSW
A Queensland freight company has been taught an expensive lesson in New South Wales around speed compliance. The company, which TfNSW declines to name, is fined $10,000 after being found guilty of having a speed limiter set above 125km/h (17 July 2020).  More...

Maritime safety threat from coronavirus to increase shipping costs
A major international insurer has warned that marine safety is under threat because of the coronavirus pandemic.
In a new report listing ten coronavirus challenges to the shipping sector, major international insurer Allianz notes a variety of threats to shipping. View the new report listing ten coronavirus challenges (16 July 2020).  More...

JobTrainer offers chance to better align skills with industry needs
The Australian Logistics Council (ALC) says the Federal Government’s commitment to establish a $1 billion. JobTrainer program offers a chance to reskill and upskill workers in the freight and logistics sector in way that will meet changing industry needs (16 July 2020).  More...

Published – articles, papers, reports

On The Road - Issue 91, 14 July 2020
On the Road is our fortnightly newsletter providing 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...

Classifying, measuring and valuing the benefits of place on the transport system
AUSTROADS AP-R626-20: 17 July 2020
This report explores and draws together the ways in which place is classified, measured and valued from a transport perspective.  More...

Practice and Regulation

Domestic border control freight movement protocol
The protocol agrees "unanticipated delays at the border can have implications for safety on the roads and the health of critical transport workers" and states "greater consistency in border management of supply chains will assist industry to comply". The protocol complements existing Work Health and Safety and fatigue management requirements, public health advice and COVIDSafe work plan requirements. The protocol is available here (24 July 2020).

NHVR: COVID-19
For up to date information on border restrictions specific to the transport of freight and logistics, visit www.nhvr.gov.au/coronavirus.
For the QTA’s COVID-19 Safety Guidelines visit www.qta.com.au/COVID19/8888215 (22 July 2020).

NHVR: road tips for travelling caravaners
These are the latest video tips and advice that every caravan or RV driver should watch before hitting the road this winter.To view the Share the Road videos visit www.sharetheroad.net.au
Caravaners and truckies sharing the road video
Caravaners and truckies sharing facilities video
To view the latest Whiteline Television fatigue videos visit www.truckingnation.com.au (15 July 2020).

NATROAD: National heavy vehicle charging pilot (National Pilot)
An innovative industry partnership testing potential direct user charging options for heavy vehicles. Participants will report road use data and receive mock invoices comparing their current heavy vehicle registration and fuel charges against alternative charging scenarios. The research will be concluded by 2021 (24 July 2020).  More...

NTC: Australian Code for the Transport of Dangerous Goods by Road and Rail (Edition 7.7)
The Code can be used from 1 October 2020 and is compulsory from 1 October 2021. Until then, either the Code edition 7.6or the Code edition 7.7can be used. The Code is an important technical resource to help Australia’s transport and logistics industry to operate safely when carrying dangerous goods. See also ADGC explanatory document: Key changes between edition 7.6 and 7.7 (29 June 2020).  More...

HVNL review consultation regulation impact statement
Publication date 25 Jun 2020 Comments due 25 Oct 2020
The consultation regulation impact statement (RIS) includes over 40 reform options to improve the HVNL.  More...

Independent review of the Victorian ports system
The Victorian Government is undertaking an Independent Review of the Victorian Ports System which is assessing the function and performance of current arrangements. A discussion paper has been released for public comment as an important next step in the Independent Review. You are invited to provide feedback in response to the Discussion Paper by 31 July 2020.

AMSA campaign targeting container ships
AMSA encourages ship owners and masters to familiarise themselves with the approved cargo securing manual for their vessel and Marine order 42 which gives effect to Chapter VI of SOLAS in Australia. This focussed inspection campaign is aimed at education, improving standards, and reducing the number of incidents that result in cargo being lost at sea. More information can be found on AMSA’s website (22 July 2020).

AMSA Marine Notice 05/2020 - Focused inspection campaign — Proper stowage and securing of cargo containers
Port State control – This marine notice provides information to ship owners, operators and masters about the Australian Maritime Safety Authority (AMSA) focused inspection campaign on cargo securing arrangements that will run from 1 August to 31 October 2020 (22 July 2020).  More...

AMSA Extension National Law certificates of competency
We have extended existing exemptions to provide seafarers and operators with continuity and certainty.
All National Law exemptions have been extended until 30 June 2025.  More...

AWA Import industry advice notices 2020
24 July 120-2020 Notification of COVID-19 cases
13 July 114-2020 The department is decommissioning a number of AQIS Commodity Codes (ACC) to align with the cessation of the offshore pre-shipment inspection program
13 July 113-2020 Expansion of the class 19.2 automatic entry processing for commodities (AEPCOMM) approved arrangement

AWA: AWE – 2020-21 BMSB Season Measures – 3 countries added, season end timing and intervention clarified
AFIF as a member of the DCCC-BMSB has been advised of the forthcoming 2020-21 BMSB season changes. For the 2020-21 BMSB risk season, measures will apply to certain goods manufactured in, or shipped from target risk countries, and/or vessels that berth at, load or tranship from target risk countries from 1 September 2020 and that arrive in Australian territory by 31 May 2021 (inclusive). Goods must be treated if exported between 1 September 2020 and 30 April 2021 inclusive. Goods arriving from 1 June 2021 will not be subject to BMSB measures.  More...

Senate: Consultations
Importance of a viable, safe, sustainable and efficient road transport industry
Status: Submissions closed. Reporting Date: 14 October 2020

Cases

Mack Fleet Pty Ltd v Transport for NSW [2020] NSWCA 149
CRIMINAL LAW – appeal – procedure – appeal from Local Court to District Court – appeal dismissed – request to judge to submit question of law to Court of Criminal Appeal – request declined – requirement to identify a question of law – Criminal Appeal Act 1912 (NSW), s 5B
CRIMINAL LAW – use on road of heavy vehicle – whether vehicle unsafe – non-compliance with regulations setting standards for braking systems – separate offence of non-compliance with regulations – Heavy Vehicle National Law (NSW) s 89(2)
JUDICIAL REVIEW – jurisdictional error –refusal of District Court judge to submit a question of law to the Court of Criminal Appeal – whether power coupled with duty to exercise power on request – whether request stated a question of law – challenge to determination of judge that no question of law raised
PRACTICE AND PROCEDURE – criminal – power of judge of District Court to submit question of law to Court of Criminal Appeal – application out of time – identification of question of law – whether discretion to refuse request
PRACTICE AND PROCEDURE – judicial review – application out of time – whether application had merit warranting extension of time – Uniform Civil Procedure Rules 2005 (NSW), r 59.10(1)
Criminal Appeal Act 1912 (NSW), ss 5A, 5B; District Court Act 1973 (NSW), s 176; Heavy Vehicle National Law (NSW), ss 60, 89; Sch 2, Pt 7; Interpretation Act 1987 (NSW), ss 5, 9; Uniform Civil Procedure Rules 2005 (NSW), r 59.10(1).

Condor Fresh Pty Limited v Pacific International Lines (Pte) Ltd [2020] FCA 993
Condor Fresh Pty Limited (Condor) commenced proceedings in this Court against PIL for damages totalling $255,580.11 for alleged breaches of a series of contracts of carriage for containerised goods and for alleged breaches of the Australian Consumer Law
PRACTICE AND PROCEDURE – service out of the jurisdiction – application to serve originating application and concise statement in Singapore – whether requirements for service out of the jurisdiction satisfied
Admiralty Act 1988 (Cth); Australian Consumer Law; Competition and Consumer Act 2010 (Cth)
Federal Court Rules 2011 (Cth).

Legislation

Commonwealth

Gazetted

Heavy Vehicle National Law - National Class 2 B-double Authorisation Notice 2020
24/07/2020 -
The purpose of this Notice is to authorise access for class 2 heavy vehicles that are B-doubles. This Notice commences on 1 August 2020

Heavy Vehicle National Law - National Class 2 4.6m high and/or 25m Long Vehicle Carrier Authorisation Notice 2020 (No.1)
24/07/2020 - the purpose of this notice is —(a) To authorise the use of Vehicle Carriers from 4.3 metres to 4.6 metres in height, or from 19 metres to 25 metres in length, or both, in stated areas or on stated routes, during stated hours of stated days;

Heavy Vehicle National Law - Heavy Vehicle Stated Maps Suspension and Amendment Notice 2020 (No.5)
24/07/2020 - The purpose of this Notice is to amend stated maps for vehicles at the request of road managers

Heavy Vehicle National Law - Heavy Vehicle Stated Maps Amendment Notice 2020 (No.4)
24/07/2020 - 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 of Amendment Notice 2020 (No.4)

South Australia Class 3 Converter Dolly Mass and Dimension Exemption Notice 2020
24/07/2020 - The purpose of this Notice is to exempt Class 3 heavy articulated motor vehicles, and B-doubles, towing an unladen converter dolly, from the stated mass and dimension limits in Schedule 1 and Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation).

South Australia Class 3 Articulated Motor Vehicle And B-Double Livestock Loading Mass Exemption Notice 2020
24/07/2020 - The purpose of this Notice is to exempt the use of Class 3 Articulated Motor Vehicles and B-doubles from: (a) stated mass limits in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation)

South Australia Class 3 Heavy Vehicle 23m Truck and Dog Trailer Mass and Dimension Exemption Notice 2020
24/07/2020 - The purpose of this Notice is to exempt Class 3 heavy vehicle 23m long truck and dog trailer combinations from stated mass and dimension limits in Schedule 1 and 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation).

Heavy Vehicle National Law - National Class 3 Truck and Dog Trailer Mass Exemption Notice 2020 (No.1)
 24/07/2020 - This notice exempts truck and dog trailer combinations from stated prescribed mass requirements in Schedule 1 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation), and provide access for those vehicles on specified networks under specified conditions.

Port Notice of Revocation and Appointment (No. 20/24) – Port of Broome
23/07/2020 – This notice appoints the Port of Broome in the State of Western Australia as a port and fixes the limits of that port the area.

South Australia Class 3 23m Long Single Deck Vehicle Carrier Exemption Notice 2020
23/07/2020 - The purpose of this Notice is to exempt the use of single deck vehicle carrier combinations between 19 metres and 23 metres long from stated dimension limits in Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation).

Heavy Vehicle National Law - National Class 1 Special Purpose Vehicle Notice 2020 (No 2)
23/07/2020 - This Notice exempts certain types of Class 1 Special Purpose Vehicles (SPVs) from certain requirements of the Heavy Vehicle National Law (HVNL), the Heavy Vehicle (Mass Dimension and Loading) National Regulation (the Regulation) and the Heavy Vehicle (Vehicle Standards) National Regulation and provides conditions relevant to those exemptions.

Act Compilation

Export Control Act 1982
21/07/2020 - Act No. 47 of 1982 as amended

Regulations
No 135 Heavy Vehicle National Law and Other Legislation Amendment (Postponement) Regulation 2020 Uncommenced provisions of the Heavy Vehicle National Law and Other Legislation Amendment Act 2019 are postponed from taking effect to 27 September 2021.

Transport Legislation (COVID-19 Emergency Response) Regulation (No 2) 2020 (Qld) This Regulation is made under the COVID-19 Emergency Response Act 2020, Rail Safety National Law (Queensland) Act 2017, Transport Infrastructure Act 1994, Transport Operations (Marine Safety) Act 1994. The policy objectives of the Regulation are to provide financial relief to commercial operators in state-managed boat harbours and provide a framework that will enable exemptions from requirements about certain marine authorities. The Regulation will also extend the expiry of a transitional regulation that preserves certain Queensland-specific definitions under national rail safety legislation.

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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