The Heavy Vehicle National Law (NHVL) applies nationwide (except WA and NT). Under proposed changes to the National Heavy Vehicle Accreditation Scheme, businesses will need to implement safety management systems (SMSs) that identify “public risks” associated with their “transport activities and the driving of heavy vehicles”; assess the seriousness of any identified public risks; and “specify the controls to manage and mitigate the identified public risks” including the fitness to drive of their drivers.
An operator won’t be granted general safety accreditation until an independent audit shows its SMS complies with a template standard (which has not yet been released).
In introducing the Bill Queensland Transport and Main Roads Minister Brent Mickelberg drew attention to the expanded chain of responsibility duties that apply to all parties not to ask or direct a truck driver to do or not do something that it knows, or ought reasonably to know, would have the effect of causing the driver to “drive a fatigue-regulated heavy vehicle while impaired by fatigue”.
Under the changes, the same rule will apply to a request or direction that causes a worker to drive a truck while “unfit to drive”, and to all HVNL-regulated heavy vehicles over 4.5 tonnes, instead of just those over 12 tonnes.
The Bill defines an unfit driver as someone who is “not of sufficiently good health or fitness to drive the heavy vehicle safely”.
This set of clauses also creates a new positive duty to be “fit to drive”.
According to Mickelberg, this amendment both “places a proactive responsibility on drivers to manage their health and fitness”, and “empowers them to cease driving if they are unfit to drive for any reason”.
“This reform reflects a shared responsibility between drivers and operators and is a critical step in reducing the risk of fatigue-related incidents on our roads,” he said.
Among other amendments are clauses that increase some penalties, and lower others, under the HVNL.
For example, the maximum fine for requests or directions that could result in a truck driver driving while impaired by fatigue (or unfit), breaching work-and-rest requirements, or exceeding a speed limit, will increase from $10,000 to $20,000, if the Bill passes.
The maximum penalties for truck drivers who breach their duty to not drive while fatigued (or unfit) will jump from $6,000 to $20,000.
More information
Heavy Vehicle National Law Amendment Bill 2025
Here to help
ACAPMA members are reminded that they can access the advice support resources and representation of the ACAPMA Employment Professionals on this issue, or indeed any other employment issue, via employment@acapma.com.au.
HR Highlights are things to consider, implement and watch out for in your business. They are provided as general advice and you should seek further advice on your situation by contacting the ACAPMA Employment Professionals via employment@acapma.co.au its free for members. Click here to apply for ACAPMA Membership.
Elisha Radwanowski BCom(HRM&IR)
ACAPMA
