Heavy Vehicles Legislation Amendment

2015-09-17

MS DUNN — I rise to speak on the Heavy Vehicles Legislation Amendment Bill 2015 in the hope that we do not have to disclose the weight of individual members as part of this debate.

Honourable members interjecting.

Ms DUNN — I think I might have achieved consensus.

The purpose of the bill is to make amendments to support, extend and modify Victorian compliance with the national heavy vehicle regulatory scheme. The Heavy Vehicle National Law and regulations commenced in the Australian Capital Territory, New South Wales, Queensland, South Australia, Tasmania and Victoria in February 2014. In addition to passing the Heavy Vehicle National Law, states and territories agreed to four regulations made under the national law. The National Heavy Vehicle Regulator looks after one rulebook for heavy vehicles over 4.5 tonnes in gross vehicle mass.

State and territory police and authorised officers are appointed to enforce heavy vehicle offences under the Heavy Vehicle National Law. Some aspects of the heavy vehicle regulation remain as they were before the Heavy Vehicle National Law. Heavy vehicle registration, inspections, driver licensing and all matters related to the carriage of dangerous goods are still the responsibility of the relevant state and territory authorities. Legal and court processes largely remain as they were before the national law commenced. The Northern Territory and Western Australia, it should be noted, have not commenced the Heavy Vehicle National Law at this time.

The bill before the house amends the Heavy Vehicle National Law Application Act 2013 to prescribe a method for assessing the weight of a heavy vehicle, including the load. These provisions appear to be technical as they will assist in enforcement and compliance by ensuring that evidential matters are sufficiently defined to withstand technical defences, should the need arise. The bill amends the Road Safety Act 1986 to extend some of the fatigue management enforcement requirements for heavy vehicles to light buses. Light buses are defined as buses carrying more than 12 passengers but weighing less than 4.5 tonnes. Light buses have been subject to fatigue management requirements since 2003, but these provisions extend the national scheme's compliance and enforcement powers to Victoria. Originally the enforcement powers were not enacted. The provisions also exempt emergency buses and rail replacement buses from fatigue management record-keeping requirements.

The bill makes benign technical amendments to continue the implementation of the national heavy vehicle regulatory scheme. The Greens have not been approached by any stakeholder groups regarding any issues with the bill, and we can report that Bus Association Victoria has no concerns in relation to the provisions in the bill. With that, I can report to members of the house that the Greens will support the bill.