A move towards borderless trucking regulation
Late last year the Australian Government released a consultation paper calling for the abolition of state-based trucking regulation in favour of a single national body to administer and regulate heavy vehicle operation in Australia. The consultation paper proposes a new single regulatory body to harmonise laws in key areas of heavy vehicle operation, including mass and loading, oversize and over mass regulations, restricted access vehicle and higher mass limits, fatigue management and other enforcement activities. The consultation paper also works towards the establishment of a national heavy vehicle registration scheme and a single physical driver licence, along with consistent standards for driver competency testing and training school recognition.
Whilst current State based laws regulating fatigue management and chain of responsibility have been modelled on laws developed by the National Transport Commission, the consultation paper recognises that those laws have been implemented differently in each state and that under this approach “differences in the adoption, application, interpretation and enforcement of these model laws and the use of jurisdiction specific exemptions, permits, notices, business practices and guidelines, have lessened their national value and efficacy”.
It is envisaged that a formal Regulatory Impact Statement on a single system of heavy vehicle regulation and licensing is to be prepared for the Australian Transport Council for consideration by the Council of Australian Governments during 2009.
Written by Anthony Highfield, Partner
