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Issues with the HVNL
The National Transport Council (NTC) has identified 6 primary concerns with the Heavy Vehicle National Law principles govening the style and structure of the law. Please complete the below survey to assist in developing the MTA's response to the Review by indicating if you agree that these issues make the law less effective.
The HVNL is not applied uniformly across Australia. Over half of Australia (by area) has not applied the HVNL, and every participating jurisdiction has derogated.
Agree
Disagree
Please provide an example, if possible, of how this issue has affected you
The HVNL contains a large number of prescriptive rules in the primary legislation, making changes onerous. Even relatively minor amendments can take more than 12 months to take effect.
Agree
Disagree
Please provide an example, if possible, of how this issue has affected you
Heavy vehicles are used for diverse purposes by a wide range of operators. Heavy vehicles travel in vastly different domains in Australia. The law does not deal well with the diversity.
Agree
Disagree
Please provide an example, if possible, of how this issue has affected you
The HVNL is not risk-based and contains inconsistent rules and regulations disproportionate to the risks it seeks to manage.
Agree
Disagree
Please provide an example, if possible, of how this issue has affected you
The HVNL is challenging to administer, enforce and comply with.
Agree
Disagree
Please provide an example, if possible, of how this issue has affected you
Although the HVNL has been in operation for some years, it has not fully achieved its original goals in reducing regulatory burden, and productivity and safety improvements have been mixed.
Agree
Disagree
Please provide an example, if possible, of how this issue has affected you
Are there other issues relating to the principles of the law that are not identified here
Agree
Disagree
Please provide an example, if possible, of how this issue has affected you
Regulation based on risk analysis and control
Agree
Disagree
Please provide an example, if possible, of how this change would impact you
The future HVNL should have a clear and balanced object, and provide the scope, coverage and visibility needed to manage the risks specific to Australian heavy vehicle operations. The new law should consider good regulatory practice from participating and non-participating jurisdictions, other transport modes, and elsewhere so as to be nationally agreeable and set us on a path to improved consistency
Agree
Disagree
Please provide an example, if possible, of how this change would impact you
The future HVNL should be responsive, flexible and able to readily accommodate changes to technology and business models while maintaining the right degree of oversight. Operators should be provided with flexibility to choose the most suitable compliance option, where options are appropriate. Obligations should be placed as far down the legislative hierarchy as is tolerable and should preference outcomes, in the form of harm minimisation, over inputs and process.
Agree
Disagree
Please provide an example, if possible, of how this change would impact you
The future HVNL should recognise the diverse risk profile of the industry, operators and regulated parties and provide flexibility (in a harmonised manner) for those operating across vastly different domains and under different business models.
Agree
Disagree
Please provide an example, if possible, of how this change would impact you
The future HVNL should target the most significant risks associated with heavy vehicle operations. The new law should support sanctions and enforcement tools that reflect the severity of the risk, and enforcement decisions must be able to be reasonably challenged.
Agree
Disagree
Please provide an example, if possible, of how this change would impact you
The future HVNL should deliver better safety, productivity and regulatory efficiency outcomes and lead to continual improvement across these key performance areas.
Agree
Disagree
Please provide an example, if possible, of how this change would impact you
Are there other issues relating to the principles of the law that are not identified here
Agree
Disagree
Please provide an example, if possible, of how this change would impact you
