Submission for Member Consultation

Re: Heavy Vehicle National Law (HVNL) Amendment Bill 2025From: Australian Advocacy Group (AAG) Date: 26 October 2025

1. Introduction

The Australian Advocacy Group (AAG) represents the heavy haulage sector across Australia, advocating for safe, fair, efficient, and sustainable transport operations. Our work ensures that regulatory frameworks support all operators—including owner-operators, local distribution, national fleets, and regional supply chains—strengthening rural industries and regional economies.

We welcome the opportunity to provide input on the HVNL Amendment Bill 2025, which proposes reforms to improve safety, efficiency, and regulatory clarity in the heavy vehicle sector.

2. Bill History and Purpose (Updated 26 October 2025)

Introduced: 26 August 2025 by Hon. Brent Mickelberg MP, Minister for Transport and Main Roads, in the Queensland Parliament.
Referred to Committee: The Bill was referred to the State Development, Infrastructure and Works Committee for detailed consideration.
Committee Report Tabled: The committee tabled Report No. 12 on 17 October 2025, recommending that the Bill be passed. (parliament.qld.gov.au)
Debate in Parliament: As of 26 October 2025, the Bill has not yet been scheduled for debate. The next sitting of the Legislative Assembly is Tuesday, 31 October 2025, when the Bill may be debated, although the exact date for the second reading is not yet confirmed.

Purpose: Amend the Heavy Vehicle National Law Act 2012 to implement recommendations from the National Transport Commission (NTC) and align Queensland law with national standards.

Key proposals include:

Safety Management Systems (SMS) – Operators must implement a structured SMS to manage risks and ensure compliance.
New Duties for Drivers – Including a duty to be fit to drive.
Simplified Codes of Practice – NHVR develops and approves codes of practice.
Ministerial Powers – Direction to support accreditation and code frameworks.
Improved Enforcement & Reduced Red Tape – Simplifying fatigue management records and notices.
Amended Penalties – Proportionate enforcement without compromising safety.
Simplification of the Law – Moving prescriptive details into regulations for flexible, risk-based obligations.

3. Why Queensland Needs Its Own HVNL Amendment Bill

Although the HVNL aims to standardise regulations nationally, each state must adopt its own legislation to make the rules legally enforceable locally. The Queensland HVNL Amendment Bill 2025 ensures that national reforms—such as SMS, fatigue management, route access, and mass/dimension rules—are legally binding in Queensland.

Without this Bill, national standards set by the NHVR would not have legal effect in Queensland, leaving operators without clear, enforceable rules. The Bill also allows Queensland to address state-specific operational conditions while maintaining alignment with national frameworks.

For AAG, this means:

Clear rules for all operators: owner-operators, local distribution, national fleets, and regional supply chains.
Legally codified Safety Management Systems (SMS) to manage operational risks.
Fatigue management duties providing safety and operational clarity.
Legally binding route access, mass, and dimension exemptions reducing uncertainty.

4. Why Section 109 Cannot Achieve National Consistency Alone

While Section 109 of the Australian Constitution provides that federal law prevails over inconsistent state law, it cannot by itself create enforceable national heavy vehicle rules. Regulation of road use, vehicle permits, fatigue, and route access primarily falls under state jurisdiction. The Heavy Vehicle National Law (HVNL) achieves national consistency through cooperative legislation adopted by each state and territory. Without each state passing or updating HVNL provisions, NHVR rules cannot be legally enforced, and true nationwide consistency remains impossible. Therefore, state HVNL amendments are essential to standardize rules, ensure safety, and provide certainty for operators across all jurisdictions.

5. What is a Safety Management System (SMS)?

A Safety Management System (SMS) is a structured framework to identify, manage, and mitigate operational risks in heavy vehicle transport.

Key features:

Risk Assessment: Identify hazards such as vehicle maintenance, driver fatigue, and route risks.
Policies & Procedures: Documented safety practices.
Monitoring & Reporting: Track compliance and incidents.
Continuous Improvement: Regularly review and improve practices.

SMS ensures safe, compliant, and sustainable operations across all operator types, while giving flexibility for practical, risk-based implementation.

6. Alignment with AAG Goals

✅ Areas that Align:

SMS Requirements: Supports improved safety standards and structured risk management for operators.
Fatigue Management: Flexible compliance aligns with safe and sustainable fatigue measures.
Simplification of Regulations: Reduces administrative burden, supporting efficiency and fairness.

❌ Areas Needing Further Alignment:

National Consistency in Route Access: While the Queensland HVNL Amendment Bill 2025 implements reforms locally, state legislation alone cannot mandate uniform route access, permit approvals, or enforcement across all states. Achieving true national consistency requires coordinated amendments and agreement across all jurisdictions.
Fair Registration: Registration fees and processes are not standardized across all operator types.
Fuel Concessions: No standardization of rebates and concessions across jurisdictions.
Education & Training: Mandatory skills, compliance, and safety training programs are not included.
SMS Costs for Operators: The Bill could inadvertently create “user pays” obligations for additional driving hours under SMS fatigue monitoring. AAG advocates for consistent, safe fatigue management without imposing extra costs on operators.

7. Recommendations for Campaign Focus

Advocate for nationally consistent route access and enforcement.
Push for equitable registration and fuel concession frameworks for all operators.
Call for mandatory education and training programs under NHVR oversight.
Highlight benefits of SMS and fatigue reforms while stressing remaining gaps and avoiding extra costs for operators.

8. Member Input Requested

The formal public submission period for the HVNL Amendment Bill 2025 has closed. While we can no longer make official submissions, AAG members can still provide valuable input to shape our ongoing advocacy and campaign strategy.

We seek member contributions on:

Priority areas for campaign focus — e.g., route access, registration, fatigue, training, or SMS implementation.
Evidence or case studies — operational examples, barriers, or inconsistencies that demonstrate the need for national consistency and fair regulation.
Messaging and advocacy approach — how AAG should communicate with MPs, NHVR, and industry stakeholders to influence future reforms or amendments.
Future opportunities — identify areas where AAG can engage with regulators, ministerial offices, or industry forums to continue pushing for improvements.

Contact for Comments:
Trevor Hold
Australian Advocacy Group (AAG)
Email: trevor.hold79@gmail.com
Phone: 0401 517 906

2 responses to “Submission for Member Consultation”

Trevor Hold

October 26, 2025

1. Heavy Vehicle National Law (HVNL)

The HVNL is the primary framework governing heavy vehicles over 4.5 tonnes gross vehicle mass in participating states and territories. It covers areas such as vehicle standards, mass and dimension limits, fatigue management, and accreditation. However, for the HVNL to be effective, each state must adopt it through their own legislation. Without this adoption, the HVNL cannot be enforced in that state.
nhvr.gov.au
+1

2. Australian Design Rules (ADRs)

The Commonwealth sets vehicle standards through ADRs, which apply nationally. These rules cover aspects like vehicle safety, emissions, and dimensions. For instance, recent changes under the Safer Freight Vehicles package have increased the vehicle width limit from 2.50m to 2.55m for heavy motor vehicles fitted with specific technology.
Queensland Legislation

3. National Transport Commission (NTC)

The NTC plays a key role in developing and maintaining national regulations and standards for the transport sector. It works with the Commonwealth and state governments to implement reforms and ensure consistency across jurisdictions. Recent reforms aim to modernize the HVNL to better accommodate the needs of Australia’s heavy vehicle industry.
Office of Impact Analysis
+1

4. Intergovernmental Agreement on Heavy Vehicle Regulatory Reform

This agreement between the Commonwealth and the states and territories establishes a national system of regulation for all heavy vehicles over 4.5 tonnes. It aims to create uniform laws administered by a single national regulator, the National Heavy Vehicle Regulator (NHVR).
federation.gov.au

5. Chain of Responsibility (CoR) Provisions

Under the HVNL, the CoR provisions extend responsibility beyond the driver to include parties such as employers, consignors, and operators. This ensures that all parties involved in the transport chain are accountable for safety and compliance.
nhvr.gov.au

Leveraging Federal Laws for Consistency

While the HVNL requires state adoption, the Commonwealth can influence national consistency through:

Setting National Standards: By establishing ADRs and working with the NTC, the Commonwealth can set consistent standards that all states and territories are encouraged to adopt.

Providing Incentives: The Commonwealth can offer incentives for states to adopt uniform regulations, such as funding or support for infrastructure improvements.

Coordinating Reforms: Through agreements like the Intergovernmental Agreement on Heavy Vehicle Regulatory Reform, the Commonwealth can coordinate reforms across jurisdictions to ensure consistency.

For example, the recent reforms to the HVNL, led by the NTC, aim to modernize the law to better accommodate the needs of Australia’s heavy vehicle industry. These reforms include changes to fatigue management and general mass and dimension limits, which require coordinated action across states and territories.
Office of Impact Analysis
+1

In summary, while the HVNL requires state adoption for enforcement, the Commonwealth can play a significant role in promoting national consistency through setting standards, providing incentives, and coordinating reforms.

Steven Smith

October 27, 2025

The new width laws should accomodate all freight tasks.
Steve

Australian Advocacy Group