A fresh callout for feedback on the reworked Heavy Vehicle National Law (HVNL) has only heightened confusion and uncertainty for many operators.
Consultation closes today (December 1) on four statutory instruments covering accreditation guidelines, a safety management system, a national audit standard and fatigue alternative compliance hours.
That industry input, along with feedback from government stakeholders, will now shape the final law drafting before the instruments go to transport ministers for approval and inclusion in the new HVNL, expected to commence by mid-2026.
But South Australian Transport Association (SARTA) Executive Officer Steve Shearer says he’s far from convinced by what’s on the table, lodging a 29-page submission that he argues raises more questions and concerns than answers for the National Transport Commission’s policy team.
In his general comments on all four standards he shared with Big Rigs, Shearer highlighted several issues with each one, particularly around the proposed SMS.
Shearer said the standard in its current format is far too theoretical, academic, complex and over-engineered for the vast bulk of the industry, the small to medium operator.
“The fundamental point we’re making, and others will make, is that it’s going to be unmanageable,” Shearer said.
“Worse than that, it’s going to be unintelligible for most operators.”
Shearer said this is especially so for the thousands of BFM operators who will have to transition to the new regime under the HVNL just to retain their current allowable 14 hours of work in a relevant 24-hour period.
He said they will find it “utterly befuddling”, impossible to understand and implement on their own.
“That will raise the risk of those operators purchasing generic SMS programs that are not tailored to their activities, this defeating the purpose of this reform.”
Shearer said the national audit standard (NAS) also appeared to be written primarily with the larger corporate HV operators in mind.
He also pointed out that it needs to correct a reference that all operators, regardless of size, must “effectively” implement SMS elements.
“This is not true if an operator merely operates under the HVNL and does not avail itself of any of the accreditation programs and options,” he said.
Shearer also called out the suggestion that audits undertaken under other frameworks, and which address all the issues set out in the NAS, will not be accepted.
“This is unacceptable. The industry has long sought, with the support of the NHVR, to reduce, if not eliminate duplication of audits that cover the same issues and standards.”
Shearer said there is also a “glaring need” to define and explain the term “public risks” through the structure of the four new standards documents.
He also took issue with the concept of ‘continuous improvement’ under the proposed SMS said it will be become “farcical” in practice if left unchanged.
“It’s a concept popular with consultants and theorists but it’s not reasonable to expect that there will “continual/continuous improvement” in a HV operators’ systems, procedures and SMS and it most certainly should not be a mandatory requirement or expectation.
“What should apply is a requirement that an operator’s systems practices and SMS meet the legislated minimum requirements and if they do then that is sufficient.”
On the issue of HV accreditation, he said the absence of maintenance management was also a conspicuous omission.
Shearer also took issue with the requirement an operator would need to provide evidence that somebody with fatigue responsibilities is “competent” and the need for operators to undertake “refresher training”.
“Why is this set out as a routine expectation rather than as something that ought be done as and when necessary?
Shearer said the proposed alternative compliance hours standard is reasonable and “workable” but there are several key points that need to be corrected, including the fact the standard must comply and be consistent with the HVNL and therefore refer to a relevant 24-hour period, not to “any” 24-hour period.
He said there also needs to be some flexibility to accommodate proven hours limits.
For example, he said numerous AFM programs provide for a minimum of at least a six-hour continuous rest within the 24-hour period but no more than once per week.
The Victorian Transport Association (VTA), together with the Queensland Trucking Association and National Road Transport Association (NatRoad), lodged a joint submission urging lawmakers to reconsider proposed HVNL changes.
The VTA said the submission reflected a strong consensus across the road freight industry that the proposed two-tiered, risk-based accreditation framework could impose significant financial and legal burdens on operators, while undermining confidence in the system.
“This is not just a VTA concern – it’s a united position from major industry bodies,” said VTA CEO Peter Anderson.
“Accreditation should incentivise safety improvements, not create punitive risks for operators and auditors. The proposed framework reverses the burden of proof and exposes businesses to unnecessary legal jeopardy, which could discourage participation and compromise safety outcomes.”
The joint submission highlights:
Increased costs and complexity for operators to implement Safety Management Systems.
Higher audit and consultancy fees under the new National Audit Standard.
Potential legal exposure for company directors and auditors, with audit reports being used as evidence in prosecutions.
“We support a risk-based approach to safety, but it must be proportionate and fair,” Anderson added.
“The current proposal jeopardises natural justice and could have unintended consequences for the freight industry.”
Australian Livestock and Rural Transporters Executive Director Anthony Boyle, however, said the proposed SMS changes aren’t as daunting as they may appear..
“Many operators may initially view this as a significant shift,” Boyle said.
“But for most, once the content is unpacked, you’ll realise you are already doing much of this work – you just might not be documenting it as part of an integrated SMS. Having said that, the devil will be in the detail.
“Over the coming months, ALRTA will share a series of step-by-step updates to support members through this transition, as we understand the extent of the requirements.”
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