Transport Ministers deliver a mixed bag for trucking

Of major concern is the decision by ministers to continue overcharging the trucking industry by more than half a billion dollars over the next two years. This is a backflip on their previous decision in 2014 to align heavy vehicle charges with the cost base by 1 July 2016.

As a result of this decision, truck and bus operators will be overtaxed by $250.2 million in 2016-17 and $264.8 million in 2017-18 – in total, a $515 million hit on the road transport industry.

The ATA argued strongly against this decision, including at the meeting. I want to thank the Deputy Prime Minister, Warren Truss, for giving me the chance to explain the industry’s strong preference for reducing charges to the right level immediately.

However, this decision highlights the more serious problem of State and Territory Ministers effectively declaring themselves powerless to set a fair road user charging regime that is consistent with COAG principles.

It therefore begs the question of whether heavy vehicle charges should instead be determined by an independent tribunal with the clout (and teeth) to set charges at an appropriate level.

I also told ministers that any future increases in the National Heavy Vehicle Regulator’s budget should be paid for by governments, not industry, given this half billion dollar hit to road transport.

I’d like to re-emphasise the ATA’s ongoing support of the NHVR. We have and will continue to support its efforts in bringing national uniformity to the trucking industry.

We particularly recommend that Ministers contribute monies to the NHVR to allow it to roll out its soon-to-be-released National Heavy Vehicle Inspection Manual.

This release must be supported by an education and awareness program targeting inspectors in all included jurisdictions. It’s essential that the NHVR provides this training to ensure inspectors interpret and apply these standards in a uniform and nationally consistent manner.

Turning now to the good news, I would like to compliment the ministers on their decision to adopt a common sense approach to Chain of Responsibility and roadworthiness, by supporting many of the ATA’s proposals that we put forward to government on these issues.

First and foremost, this includes the development of a primary safety duty applying to all chain of responsibility parties (including consignors and consignees), covering maintenance; mass, dimension and load restraint; speed management and fatigue.

This primary duty will make it easier for businesses and staff to determine their obligations, and also remove large numbers of complex and prescriptive duties from the HVNL.

As we currently understand, this package also includes changing the safety duty in the law to ‘so far as is reasonably practicable’; shifting the burden of proof for executive officer liability offences to the prosecution and requiring executive officers to exercise due diligence; and transforming the existing deemed liability provisions into positive duties.

These are items that the ATA has lobbied for extensively, and will significantly aid the industry in meeting COR obligations while continuing to put safety first.

Ministers also approved the outcomes of the roadworthiness program review, which includes the previously mentioned extension of CoR to vehicle maintenance, a new formal warning system for minor roadworthiness problems, and strengthening the NHVAS maintenance module.

With these changes, I also expect TruckSafe to be formally recognised under the Heavy Vehicle National Law in early 2016, with accredited operators being afforded the same privileges as NHVAS accredited operators.

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