15 September 2025
3 min read
#Transport, Shipping & Logistics, #Construction, Infrastructure & Projects, #Workplace Relations & Safety
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The Master Code is a registered industry code of practice under the Heavy Vehicle National Law (HVNL). It provides guidance to parties in the chain of responsibility on the hazards and risks arising from transport activities, and practices they can adopt to control them. The Code can be used by the court to determine whether you are identifying and addressing known risks and managing them properly.
A draft revised Master Code has just been released, representing a significant change in how the regulator will approach enforcement activities in the future. You should consider the draft Code and start preparing now.
The parties in the chain remain the same and must continue to ensure, so far as reasonably practicable, the safety of their transport activities. The parties include:
The first key change is an expanded focus on what safety risks have to be addressed. The current Code focuses on road transport-specific risks such as mass, dimension, loading, speed, fatigue and vehicle standards. But, the safety duties under the HVNL extend beyond these risks to include risks to the public, environment, road infrastructure and property. The new Code calls out these other risks in much greater detail, including:
The second key change is an expanded focus on what falls within a business’ transport activities. The current Code focuses on the primary functional activities of parties in the chain (e.g. employing drivers, loading goods, consigning goods). Parties in the chain are required to ensure the safety of their transport activities. ‘Transport Activities’ means activities, including business practices and making decisions, associated with the use of a heavy vehicle on a road. The definition of ‘transport activities’ is broader than just those primary road transport-specific functions. The new Code looks well beyond these primary activities, to any activity associated with the use of a heavy vehicle on a road, including:
The new Code also provides targeted guidance on managing the risks of transport activities within the following sectors, each of which give rise to unique road transport risks and which need special measures to be put in place to deal with those risks:
The time to prepare is now.
Start by working through the risks and hazards called out in the Code and ensure that you identify any that arise in your business.
Consider the range of transport activities listed and identify any that you perform, control or can influence.
For any transport activities in which you are involved, consider the range of controls identified and whether you are implementing those controls or something equal or better.
If there are any risk, hazards, transport activities or controls that you have not identified or are not managing as suggested, you should consider enhancing your existing business practices to address them.
Our national Transport, Shipping and Logistics team has over 20 years’ experience assisting businesses and their executives understand and meet their obligations under the HVNL and respond to incidents and handle enforcement action.
If you would like any further information or need any assistance please contact us here.
Disclaimer
The information in this article 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 article is accurate at the date it is received or that it will continue to be accurate in the future.
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