This topic and issues paper covers the regulatory style and structure of the Heavy Vehicle National Law (HVNL) and outlines how, at a high level, we might approach heavy vehicle regulation.
The issues paper is the foundation topic for the review and sets the tone for later issues papers.
There will be future opportunities to tell us about the specifics of fatigue, access, safe people and practices, safe vehicles, accreditation, compliance and technology and other matters.
A risk-based approach to regulation centres on the principle that regulation should target the most significant risks to safety.
Risk-based regulation is considered good regulatory practice and has been applied internationally, across different transport modes and across different types of industries.
Types of regulatory styles
Regulation can have a prescriptive, performance-based or principles-based style.
The HVNL is highly-prescriptive, with 61% of the law containing prescription. The below diagram compares the regulatory style and size of the HVNL to the Rail Safety National Law and Work Health Safety Model Law.
Problems with the HVNL
Through consultation with industry, regulators, jurisdictions (participating and non-participating) and others, the NTC understands the high-level problems with the HVNL are that the law:
- is not nationally consistent and is not applied consistently in participating jurisdictions
- is prescriptive and inflexible
- adopts a 'one size fits all' approach to many diverse industries, domains and operators
- is not risk-based or proportionate
- presents challenges for administration, compliance and enforcement, and
- has not achieved its original goals.
What we heard
Government, regulators, drivers, operators, industry bodies, and members of the public have provided detailed and constructive submissions. Read what we heard on fundamentals for a better HVNL.