What Is Heavy Vehicle National Law?
All businesses that use heavy transport vehicles must familiarise themselves with the Heavy Vehicle National Law, or HVNL. These include buses, trucks, road trains, and special-purpose vehicles such as tractors. The HVNL began on 10 February 2014 for almost every Australian state and territory. These national heavy vehicle regulations set a standard and laws that must be followed by all businesses in these jurisdictions. In this article, we’ll delve into the basics surrounding Heavy Vehicle National Law.
Understanding Heavy Vehicle National Law
The Heavy Vehicle National Law applies to all heavy vehicles that have a gross vehicle mass of over 4.5 tonnes. It is very expansive, covering IAP, accreditation, PBS vehicles, paperwork, road access permits, penalties, fines, and more. It also covers various elements of vehicle operations, including packing, weight, dimension, etc.
This legislation provides comprehensive detail for key topics, such as fatigue management, safe load restraints, and registration and vehicle standards. Many of these topics have been neglected by companies and individuals for far too long. The HVNL aims to make the transport of goods across Australia safer and more efficient, benefiting employees, employers, and other drivers on the road.
What Is a Regulated Heavy Vehicle?
According to the national heavy vehicle regulations set by the Heavy Vehicle National Law, a regulated heavy vehicle is one with a mass of more than 4.5 tonnes. This is currently the only stated criterion.
These heavy vehicle standards are nationally regulated but they have not commenced in Western Australia or the Northern Territory. Still, vehicles from those jurisdictions will be subject to HVNL standards when they drive through the rest of Australia. It should also be noted that the HVNL applies to heavy vehicle activities on public and sometimes private roads (private road managers are typically deemed responsible for managing these roads). Learn more about the HVNL in different states and territories from Australia’s National Heavy Vehicle Regulator.
Maximum Penalties for Companies and Individuals
In the past few years, many companies and individuals have committed serious offences and been held accountable by the Heavy Vehicle Regulator. When these cases are brought to court, prosecutors may press for a conviction of Category 1, Category 2, or Category 3 offence. Each offence comes with a different penalty, as defined below.
Category 1 – $300,000
Category 2 – $150,000
Category 3 – $50,000
It’s important to note that a conviction of a Category 3 offence could also result in a maximum of 5 years of jail time.
Category 1 – $3,000,000
Category 2 – $1,500,000
Category 3 – $500,000
To be convicted of any of these offences, the individual or company must be proven guilty beyond doubt. These offences come with a criminal conviction. That said, not all Heavy Vehicle National Law violations result in a court case or six-figure penalties. Here are the three types of penalties established under the HVNL:
- Infringeable Offences: An infringement notice that details the alleged offence may be issued to relevant parties, who will then have the option of paying the penalty amount or going to court. Some opt to pay the penalty amount provided in the notice, as they’re approximately 10% of the maximum court imposable penalty.
- Court Imposed Penalties: Described above. These penalties are reserved for serious violations that cannot be resolved with an infringement notice.
- Demerit Points: Instead of a court case or infringement notice, some HVNL offences result in demerit points on a driver’s licence.
Some individuals who are “higher up” in their respective companies assume that they’ll never have to worry about HVNL violations, offences, or penalties. However, courts will often start with the directors and executives before moving down the chain. To understand whether or not you could be held liable for HVNL violations, you need to know about the Chain of Responsibility.
How To Prioritise HVNL and Why It Matters
Understanding and complying with the Heavy Vehicle National Law is essential, otherwise, you could be deemed responsible for HVNL violations. The HVNL is driven in part by the Chain of Responsibility (CoR). The CoR outlines what parties are involved in a transport activity beyond just the owner/operator. The CoR puts legal responsibilities on relevant parties in the transport and logistics supply chain. To comply with the HVNL, there must be a primary safety duty in all activities related to the use of a heavy vehicle, including business practices.
Businesses throughout Australia have faced CoR prosecutions and had to pay hundreds of thousands of dollars. To avoid these costly penalties, organisations, companies, managers, and executives of all industries that use heavy vehicles in some manner must comply with the HVNL. Here are some things a company can do to ensure compliance:
- Understanding the obligations of a company under the HVNL
- Staying aware of changes to the HVNL
- Having a monitoring system to alert relevant parties of HVNL violations
- Educating workers and vendors about HVNL responsibilities
- Reviewing risk management and monitoring processes regularly
Outsourcing transport tasks to another company will not save you from being held liable for HVNL violations. Understand the HVNL, protect your company or organisation, and make the roads a safer place for everyone.
Learn More About the Truck and Road Transport Industries On Our Website
Bee Jays Canvas Co’s dedication to supplying custom tarps to the truck and road transport industries is pivotal in ensuring the protection of freight, compliance with safety regulations, and the smooth functioning of these vital sectors. To stay updated on industry trends, innovations, and our latest projects, explore our news section on our website.