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One Regulator, one rule book from 10 February 2014

Housekeeping

• Bathroom locations
• In case of emergency
• Fire exits
• Proceedings being recorded
• Questions welcome at end
• f session

What will we cover today?

• One Regulator, one rule book from

10 Feb 2014

• Roles and responsibilities under

the HVNL

• Access decision-making under the HVNL
• How to apply
• Transitional arrangements
• Support for industry
• Q&As

One Regulator, one rule book 10 February 2014

http://youtu.be/U_9Y9SYwgM4

A preview of the national Access Management System (AMS).

• The National Heavy Vehicle Regulator (NHVR) is

Australia’s national independent regulator for all vehicles

• ver 4.5 tonnes gross vehicle mass.
• We are an independent, statutory body corporate –

this means we are not a government-owned corporation nor a government agency, and there are no shareholders.

• We are based in Brisbane and have a national focus.
• Our CEO reports to a Board and the Board is accountable to

Responsible Ministers under the Heavy Vehicle National Law (HVNL).

• We are evolving into a one-stop-shop for heavy vehicle road

transport business with government.

One Regulator

• Administer one set of laws for heavy

vehicles under the HVNL.

• Minimise compliance burden on the

heavy vehicle transport industry.

• Cut costs, red tape and confusion.
• Reduce duplication and inconsistencies

across states.

• Boost innovation.
• Unlock productivity gains of up to

$12.4 billion over the next 20 years.

Our role

One point of contact for access permits

• When the Heavy Vehicle National Law commences,

the NHVR will be the single point of contact for heavy vehicle access permit applications.

• The NHVR will liaise directly with road managers to

manage applications from start to finish and issue permits.

• Local governments will have a new statutory role in

approving access to their road network, including setting certain conditions for access.

One point of contact for NHVAS and PBS

• NHVR will continue to be your single,

national administrator for the National Heavy Vehicle Accreditation Scheme (NHVAS). There are no changes to the entry requirements for NHVAS accreditation.

• Will continue to approve your Performance-

Based Standards (PBS) Scheme design and vehicle applications (including your PBS- approved vehicle access application) with advice from the PBS Review Panel.

penalties

One set of national laws and penalties

• Australia’s freight task will be delivered

under standardised regulations for mass, dimension and loading.

• Nationally consistent penalties.
• Refer to our website for a summary
• f penalties and infringements under

the HVNL.

• Greater consistency in enforcement.

One set of national fees

National vehicle standards and modifications

• Apply to us directly for heavy

vehicle standards modifications and exemption permits.

• Take advantage of mutual interstate

recognition of inspections and defect clearances.

• Existing approved vehicle examiner

schemes and services will continue to be managed by each road transport authority.

What’s not changing?

• For heavy vehicle registration, inspections,

driver licensing and matters related to carriage of dangerous goods, deal with the relevant state or territory government department.

• State and territory police, and authorised
• fficers will continue to enforce heavy

vehicle offences under new national law.

• Legal and court processes will largely

remain as they are.

Access management under the NHVR

Access decisions and restricted access vehicles

• General access vehicles (rigid trucks, semi-trailers)

do not need specific authority to access roads

• Certain types of vehicles (restricted access vehicles)

may only be used when specific authority or exemptions have been granted

• Examples of ‘restricted access vehicles’

– B-doubles, B-triples, road trains, etc. – Special Purpose Vehicles – cranes, concrete pumps – Agricultural vehicles and implements – Oversize/Overmass vehicles

• Two mechanisms for managing access

– Notices – applies to categories of vehicles – Permits – applies to specific vehicles

Current notices and permits still valid

• Once the HVNL commences, all existing jurisdictional

notices and permits will continue to have effect

• Current notices are valid until:

– they naturally expire or five (5) years after commencement of the HVNL (whichever comes first); or – they are replaced, amended or cancelled by the NHVR

• Current permits are valid until:

– they naturally expire or three (3) years after commencement of the HVNL (whichever comes first); or – they are replaced, amended or cancelled by the NHVR

• No need for operators of restricted access vehicles

to apply for new permits at commencement

Keep lodging applications with your road authority

• State and territory road authorities will continue to

process access permit applications under current jurisdictional law until the HVNL commences.

• When national law commences, any applications not

finalised by date will transfer to the NHVR for assessment under the new national law.

• The NHVR will coordinate any outstanding approvals

from road managers and, if appropriate, issue a permit.

• Operators are encouraged to continue to use existing

processes to lodge their access application with current state and territory road transport authorities, until the HVNL commences.

One set of national notices

One set of new national notices

• Up to 30 new national notices - B-

doubles, road trains, 4.6m high vehicles

• Up to 100 transitioning notices - special

purpose vehicles, agricultural vehicles,

• versize & over mass vehicles
• National notices will initially consolidate

existing notices – ongoing harmonisation

• Contact NHVR for all new national

notices and permits.

• Ensure that their planned route is suitable for their

particular combination.

• Provide all required information requested on the

application form.

• Identify and obtain any third party consents required.
• Gain approvals directly from non-participating

jurisdictions.

Role of Industry

How to apply

Step 1: Plan your journey

http://youtu.be/boEcwMB80bc

NHVR Journey Planner

Step 2: Lodge your application

Step 3: Receive and evaluate application

• Case number assigned to application.
• NHVR evaluates application
• Check notices, policies and

gazetted routes

• Check for pre-approved routes
• Identify 3rd party consent
• Validate application details
• Identify road managers
• NHVR evaluates application
• Pre-approvals (proposed)
• NHVR sends a consent request to

road manager

Road manager reviews application

• Checks journey against policies

and guidelines

• Determine conditions
• Identify any required

route assessments

• Advise NHVR of outcome.

Step 4: Review and decide application

• Applicants and road managers notified
• f approval.
• Permit includes any conditions of access.
• Applicants and road manager notified
• f rejection.
• Road managers decisions are reviewable
• internal review.
• If consent isn’t provided, the Regulator

can ask that the Road Authority makes the decision.

• NHVR’s decisions are reviewable

– internal and external review.

Step 5: Notification - permit granted or refused

Ministerial Guidelines for Access

• Provides high-level guidance on the access

decision-making process

– The role and responsibilities of the NHVR and road managers – Guiding principles on access decision making – Guidance on public safety – Guidance on efficiency and productivity – Guidance on public amenity – Guidance on the imposition of vehicle, road and travel conditions to allow access to public roads – Guidance on using conditions to manage risks – Guidance on the process to follow when an access decision is being made under the HVNL – Route assessments

• If approved by Ministers, this will be a legal instrument

that road managers must have regard to

• Will become partners in determining heavy vehicle

access to the road network.

• Will not be responsible for access applications
• r issuing advice to operators.
• Still responsible for providing information on road

works, road closures and traffic conditions.

• Will have a dual role as road managers responsible

for a section of the road network and as a ‘road authority’.

• As road managers state and territory road transport

authorities will continue to decide on applications for access to state and territory controlled roads, but this will be managed through the NHVR.

Role of state and territory road authorities

Role for local government

• Under the HVNL a road manager decides

if restricted access vehicles can access their road network and the conditions under which they must operate.

• The road manager must determine if the

use of restricted access vehicles will cause damage to road infrastructure or have adverse impacts on the community.

• The road manager will determine whether

the restricted access vehicle can be used safely on its road network.

• Road managers responsible for road and travel

conditions will provide a written statement that explains the decision.

• NHVR is responsible for vehicle conditions.
• Road managers can ask the NHVR to impose vehicle

conditions to manage risks around:

• Potential damage to road infrastructure
• Adverse effects on the community arising from

noise, emissions or traffic congestion

• Significant risks to public safety arising from

the use of the restricted access vehicle in a manner incompatible with road infrastructure

• r traffic conditions.

Conditions

Access conditions

• Access can be managed through the imposition
• f conditions of operation
• HVNL introduces concept of three different

types:

– Travel – Road – Vehicle

• Travel conditions can limit access to:

– Particular days or hours – Specified direction of travel

Access conditions (Road)

• Road conditions ensure that use of a heavy

vehicle does not:

– Endanger road infrastructure – Impose adverse effects on the community – Pose significant risks to public safety

• Examples:

– the vehicle not use particular bridges or sections of the otherwise approved route – the vehicle be limited to a particular speed – the vehicle’s operator participate in an intelligent access program

Access conditions (Vehicle)

• Vehicle conditions are about the safe operation
• f the vehicle and load
• Examples:

– vehicle must have signage/lighting (where not otherwise required by law) – vehicle must operate at minimum dimensions – vehicle must fit certain devices (e.g. camera for blind spots)

Harmonising conditions

• In consultation with jurisdictions and

local government, NHVR is creating template conditions

• Consensus on the classification of

conditions and which conditions are acceptable

• Consistent wording
• Grouping of common conditions for

vehicles types

Role of Third-party entities

• A number of third-parties exist (such as rail

infrastructure managers and utilities) that have a part to play in the access decision-making processes.

• Sometimes third-parties are required by laws
• utside the HVNL to provide consent or be

consulted for access.

• The NHVR will notify an applicant when consultation

and/or consent with a third-party is required under a jurisdictional law.

• The onus is on the applicant to undertake the

consultation or obtain consent.

• Evidence of the consent will need to be supplied to

the NHVR before a permit is issued.

Route assessment

A road manager may consider it necessary to conduct a route

assessment to decide whether to grant consent to access. A route assessment:

• is an assessment of the impacts, or likely impacts, of

relevant restricted access vehicle use on road infrastructure in the areas or on the routes requested

• structural assessments on bridges, pavements, culverts,

tunnels and the like

• geometrical assessments such as swept paths at

intersections, stacking distances and overtaking provision It does not include assessment of non-road infrastructure elements such amenity issues or public consultation processes

Route assessments

• Grounds for a road manager to request an extension to

the 28-day time limit

– Extension may be up to 6 months with agreement from NHVR

• Route assessment fees may be charged to the applicant if

it is allowed under a jurisdictional law

• Process:

– Road manager determines a route assessment is required – Notify NHVR of requirement, and fee (if any) – NHVR notifies applicant – Applicant pays route assessment fee directly to road manager

• ‘clock’ stops until fee is paid

– Route assessment undertaken and decision taken on whether to consent

Alternative routes

• A road manager ultimately has three possible responses

to a request for consent:

– Consent – Consent with conditions – Reject

• Another practical option exists
• A road manager may propose an alternative route
• Network-wide aspect should be given consideration

– Strategic networks (either within municipalities or wider areas) – Public safety – Asset protection – Amenity

Pre-approvals

Road managers will have the ability to set up pre-approved routes. This is an arrangement that specifies:

• category(ies) of vehicles to which the

arrangement applies

• declaration of routes and/or areas on which the

specified vehicles are able to operate

• conditions of access (as appropriate).

Pre-approvals

• Route declarations can be:

– inclusive list of roads – an area, with or without excluded structures/roads

• Subject to regular review
• May be terminated
• Targeting vehicle types requiring similar access

arrangements

• Objectives are:

– streamline processes – reduce effort – reduce turnaround times

Support for industry

• Harmonisation of notices
• Harmonisation of permits, schemes and

conditions

• Working towards more efficient access

arrangements

• Consistent guidelines

Support for road managers

• NHVR manage application process –

improved vetting

• Vehicle and route assessment guidelines
• Advice, technical support and decision

making tools

• PBS Route Assessment Tool (RAT)
• Extension of time to decide whether to

grant consent if consultation is required with another entity

• Different levels of support based on road

manager needs (Tier 1, Tier 2 and Tier 3)

PBS Route Assessment Tool (RAT)

• The Performance Based Standards (PBS) Route

Assessment Tool (RAT) assists local government in the classification of heavy vehicle routes according to PBS guidelines.

• This tool was initially developed by ARRB through

funding from national and Victorian stakeholders.

• NHVR and ARRB are committed to having it available

at commencement of HVNL with progressive rollout and training in early 2014.

• Based on LG feedback, further development of

improvements to be undertaken.

• Users enter data on a specific route and assess the

infrastructure’s ability to facilitate the safe and efficient operation of PBS heavy vehicles.

Support tools – online and email

• Step-by-step guide available online covering the access

permit application process.

• NHVR conducts live-streamed webinars providing an

interactive platform for participants to view and listen,

• r send in questions or comments.
• Regular email updates to NHVR stakeholder database

and newsletter subscribers

• Additional information and educational material

available online.

NHVAS under the HVNL

NHVAS under the HVNL

• NHVR has sole responsibility for NHVAS
• New form will be available on NHVR

website

• Single fee structure
• Compliance History Declaration (5 years)
• Prescribed criminal history consent
• We will accept digital signatures on forms
• Dropping requirement for Driver List

changes

• Improved process, so don’t have to wait

for label for added vehicles

Fatigue Management under the HVNL

Chain of responsibility

Fatigue Management Changes

• New definition of fatigue-regulated heavy

vehicle

• New National Driver Work Diary
• New approach to AFM
• New fatigue management exemptions

Updated and improved National Driver Work Diary

• Use the new National Driver Work Diary which is

easier to fill out, and includes more advice on the fatigue laws and examples to guide you. Updated and improved National Driver’s Work Diary

• The new National Driver Work Diary is

easier to fill out, and includes more advice on the fatigue laws and examples to guide you.

• Purchase the updated National Driver

Work Diary for $20 nation-wide when the new national law and regulations commence at the same places you currently buy your work diary.

• You can use your existing work diary

for up to six months after the national law and regulations commence.

New information and advice

• Overview of relevant fatigue laws
• Better guidance on when a driver has to use a work

diary

• Better guidance on how to fill in a work diary
• Guidance on counting time
• Guidance on what a ‘base’ and ‘record location’ are

New/Changed Instructions

New/Changed Instructions

National approach to fatigue management

• Align your business practices with

nationally consistent fatigue management laws

• Explore a new approach to Advanced

Fatigue Management under the Risk Classification System.

• Independent Expert Panel consulted stakeholders

and proposed Risk Classification System based on trading off high risks in one area with low risks in

• ther areas
• Risk-trading involves:
• established set of risk management principles

protecting rest and sleep

• fatigue risks for are classified as high, medium,

low, or community accepted

• applications describe risk profile of proposed

tasks (or multiple tasks if desired)

• proposals which can show adequate safety

countermeasure will be approved

New fatigue management approach

Principles Baseline (Score=0) Low fatigue likelihood/safety risk (Score = 1) Medium fatigue likelihood/safety risk (Score = 2) High fatigue likelihood/safety risk (Score = 3) Work-related Rest breaks: breaks from driving within work opportunity (WO) to reduce performance impairment due to extended time-on-task

• 1. Reduce the time spent continuously

working in the WO >20% of time in the WO >15-20% time in the WO >10-15% time in WO 6-10% time in WO

• 2. The more frequent breaks from driving

the better ≥ 15 mins in every 2 hrs ≥ 15 mins in every 3 hr ≥ 15 mins in every 4 hr ≥ 15 mins in every 5 hr Recovery breaks: sleep opportunities between work opportunities (WO's) to ensure sufficient time to obtain sufficient sleep to prevent unsafe levels of fatigue

• 3. Ensure an adequate sleep opportunity

(SO) in order to obtain sufficient sleep Recovery breaks ≥ 12 hrs Recovery breaks > 9hrs Recovery breaks >8-9hrs Recovery breaks 7-8hrs

• 4. Maximise adequate night sleep

All Recovery breaks include 23:00 to 07:00 period All Recovery breaks include 00:00 to 06:00 period More than half of Recovery breaks include 00:00 to 06:00 period Less than half of Recovery breaks include 00:00 to 06:00 period

• 5. Minimise shifts ending between 00:00 to

06:00h No WO's end in 23:00 to 07:00 period No WO's end in 00:00 to 06:00 period Less than half of WO's end in 00:00 to 06:00 period More than half of WO's end in 00:00 to 06:00 period

• 6. Minimise extended shifts

<12 hours WO between Recovery breaks <13 hour WO between Recovery breaks 13 - 14 hour WO between Recovery breaks > 14-17 hour WO between Recovery breaks Reset breaks: breaks in sequences of WO to eliminate the build-up of unsafe levels of fatigue over an extended sequence of shifts

• 7. Prevent accumulation of fatigue with

Reset breaks at least 30hrs and including two night periods, 00:00-06:00)between work sequences ≤ 2 days (48hrs) between Reset breaks ≤3 days (72 hrs) between Reset breaks ≤7 days (≤168 hrs) between Reset breaks >7 days to 12 days (> 168 - 288hrs) between Reset breaks

Advanced Fatigue Management

New fatigue management approach

• Benefits:

– Greater potential flexibility – applicants can design as many tasks as they need for their business – Simpler development process - use NHVR website to design a task and you will know instantly if the risk is acceptable, possible, or unacceptable – Lower costs – no need to hire external fatigue experts if you use the online coaching tool – Simpler and faster approvals – apply directly to NHVR, preapproval for template system, no referral to states – Safer – gives operators clear advice on their fatigue risks and appropriate countermeasures

Fatigue management exemptions

• Work and rest hours exemption (permit)

–risk-based, must demonstrate safety

• Work Diary exemption (permit)

–Need professional to support claim

• Record-keeping exemption (permit)

Work Diary Exemption

Fatigue management issues

• Transitional arrangements for current AFM

accreditations –SCOTI approved sun-setting up to December 2015

• Local productivity initiatives
• Derogations

We’re listening to industry

• NHVR presentation at Freight Week

2013, Melbourne (Sep)

• CICA National Conference, Hobart (11-

13 Sep)

• Central West NSW Heavy Vehicle

Breakfast Forum, Forbes, NSW (15 Oct)

• Bus Industry Confederation Conference,

Adelaide (27-30 Oct)

• Ongoing partnership and consultation

with industry associations

Coming up

• Industry forums

– capital cities and regional centres – Late November/early December

• Industry focus groups involved in

AMS testing

• Journey Planner e-learning packages
• Targeted advertising and information

campaign

Find us on Facebook for the latest information

subscribe www.nhvr.gov.au/subscribe visit www.nhvr.gov.au email info@nhvr.gov.au fax 07 3309 8777 post PO Box 492, Fortitude Valley Q 4006 call 1300 MYNHVR* (1300 696 487)

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www.nhvr.gov.au