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Inside track: Transport, Shipping & Logistics

12 March 2019

#Transport, Shipping & Logistics

Inside track: Transport, Shipping & Logistics

In the media 

Vehicle width in HVIA spotlight as Drake takes helm
John Drake, recently elected as new Heavy Vehicle Industry Australia (HVIA) president, has announced new state committees in Queensland, Victoria and NSW and suggestions of increasing operating vehicle width in Australia to 2.55m one of the items on the association’s agenda (08 March 2019).  More... 

PBS Tyre reform open to feedback
Improved data and a national classification system are two of the options being explored in an independent discussion paper into the performance of tyres used on the Performance Based Standards (PBS) fleet, in a Review of Tyre Management Practices in the Australian PBS System released by the NHVR (08 March 2019).  More... 

Bipartisan commitment to National Freight and Supply Chain Strategy
Shipping Australia has joined with other industry associations represented at the ALC Forum held in Melbourne to welcome commitment from both the sides of politics to progressing the National Freight and Supply Chain Strategy (08 March 2019).  More... 

Logistics Australia: Bipartisan commitment to National Freight and Supply Chain Strategy welcomed
This bipartisan approach is a positive sign that the National Freight and Supply Chain Strategy remains central to the management of Australia’s future freight task and will be delivered in 2019, irrespective of the result of the upcoming federal election (07 March 2019).  More... 

Speeding driver case leads to company blitz
While the speeding driver was found to be a subcontractor, NSW Police spokesperson Phillip Brooks explains the Georges Hall operator would still be liable on the grounds of chain of responsibility (CoR) and executive officer liability (07 March 2019).  More... 

NHVR announces fatigue monitoring technology review
Regulator taps consortium to better shift tech ‘from lab into cab’ (06 March 2019).  More... 

Ports and Shipping Policy in Australia - a “Wicked” problem
Australia's Port of Newcastle CEO Craig Carmody delivered a speech at Macquarie University on March 4 describing Australian ports and shipping policy as a "wicked problem (06 March 2019).  More... 

New farming era: More ag red tape to be cut
Local councils are urged to get on board with a shake-up for the movement of agricultural machinery across the road network, which will be a game-changer for the nation's farm businesses. The National Heavy Vehicle Regulator (NHVR) is seeking agreement from councils and road managers on the new draft National Class 1 Agricultural Vehicle and Combination Notice (05 March 2019).  More... 

NSW Police details examples of mass breaches and court orders
Not long after a multi-border compliance effort in Western Australia revealed high rates of compliance, NSW Police has reported its own heavy vehicle blitz with less encouraging results, including five mass breaches and six court orders (05 March 2019).  More... 

Shipping Australia: Biosecurity should not be an excuse for a new tax
Ordinary Australians will pay at least twice, maybe three or four times as much as the Government collects from the tax because of its inefficiency. This is because it is being targeted at the beginning of the logistics chain rather than the end (05 March 2019).  More... 

NHVR unveils road manager performance portal
A new interactive platform from the National Heavy Vehicle Regulator (NHVR) has been designed to allow operators and road managers greater access to the latest data for heavy vehicle permits (04 March 2019).  More... 

Fatigue tops Confidential Reporting Line calls
Complaints about fatigue are the most common calls to the NHVR’s Heavy Vehicle Confidential Reporting Line. NHVR CEO Sal Petroccitto said the reporting line, which has been live since July last year, was answering around 115 calls a month, and responding to over 65 reports of non-compliance nationwide every month (28 February 2019).  More...  

Heavy rigid fatal crashes finally trend downward
The rate of fatal crashes involving heavy rigid trucks has declined over the past year after threatening to overtake articulated trucks, the latest Bureau of Infrastructure, Transport and Regional Economics (BITRE) heavy vehicle fatal crash statistics show (26 February 2019).  More... 

Multi-agency border operation shows high compliance
The NHVR has urged operators travelling west to be aware of different accreditation requirements, following a three-day operation on the SA-WA border. NHVR Operations Manager Paul Simionato said that the multi-agency Operation Long Run, led by WA Main Roads, found 91 per cent compliance with the Heavy Vehicle National Law (26 February 2019).  More...  

NSW move on road ownership will enhance supply chain performance
The Australian Logistics Council (ALC) says the announcement that the NSW Government intends to transfer up to 15,000km of council-owned roads back to the State will provide greater certainty for freight logistics operators using NSW roads (24 February 2019).  More...  

Published - articles, papers, reports 

A national strategy for electric vehicles
Government of Australia: 25 February 2019
This fact sheet outlines the federal government’s electric vehicle strategy, to ensure a planned and managed transition to new vehicle technology and infrastructure so Australia can reap the benefits.  More...   

NTC Newsletter On the Road – Issue 54, 4 March 2019
On the Road provides important information on the heavy vehicle industry, including the latest NHVR news and events, relevant law and policy changes, and resources to help industry members comply with the HVNL.  More... 

In practice and courts 

NHVR: Fatigue monitoring trial
The NHVR is undertaking a trial of fatigue safety related technologies to gain a greater understanding of how they work and are used. The trial is being conducted in five phases between January 2019 and June 2020. The purpose of the trial is to determine how best to encourage industry uptake of technology that monitors drivers and detects fatigue and/or distraction (06 March 2019).  More... 

NHVR: Review of tyre management practices in the Australian PBS system
This discussion paper provides a broad overview of the state of knowledge of how tyres behave and what the key tyre characteristics are in relation to the performance measures in the PBS scheme. The tyre properties discussed include inflation pressure, vertical stiffness, lateral force, aligning moment and relaxation length. Feedback on the paper is open until 28 March 2019.  More... 

NHRV: Latest data for heavy vehicle permits
A new interactive platform from the National Heavy Vehicle Regulator (NHVR) has been designed to allow operators and road managers greater access to the latest data for heavy vehicle permits. The portals comprise: Road Manager Consent Performance and Road Manager Overdue Consent Performance. The Road Manager Consent Performance can be found here, while the Road Manager Overdue Consent Performance can be found here.

AMSA: Maritime Safety Awareness Bulletin issue 9—Maintenance
In issue 9, read about how essential it is to identify, address and manage maintenance-related risks as part of your vessel's safety management system (08 March 2019).  More... 

New Australian Standards – March 2019
AS 2809.6:2019 
Road tank vehicles for dangerous goods - Tankers for cryogenic liquids.

AIS draft training packages: industry input
Australian Industry Standards (AIS) is seeking feedback on three draft training packages finalised by the relevant technical advisory committees (TACs).The packages relate to traffic operations qualification, logistics operations qualification and Chain of Responsibility (CoR) units of competency. NOTE: Industry and business feedback details and deadlines are as follows: 

Current Government inquiries
Performance of the Australian Maritime Safety Authority
Status: Accepting
Submissions Date Referred: 18 February 2019
Submissions Close: 29 March 2019 

Cases

Tritton Resources Pty Ltd v Ever Rock Navigation S.A. [2019] FCA 276
ADMIRALTY – Bills of lading and carriage of goods by sea – actions for loss or injury in transit – who may bring action – rights as between successive holders of bills of lading – effect of transfer of bill of lading.
ADMIRALTY – Whether prior holder of bill of lading retains right to bring an action in negligence against ship owner – whether action one for pure economic loss.
Carriage of Goods by Sea Act 1991 (Cth), Sch 1A, Amended Hague Visby Rules; Sea-Carriage Documents Act 1997 (NSW); Carriage of Goods by Sea Act 1992 (UK); Federal Court Rules 2011 (Cth).

Legislation 

Commonwealth

Regulations

CASA EX29/19 — Pre-deployment Drug and Alcohol Testing Exemption 2019
28/02/2019 - This instrument will permit an organisation that is required to have a drug and alcohol management plan to use pre-hiring drug and alcohol tests to comply with the requirement to test newly-hired employees and, in some circumstances, employees being reassigned within the organisation.

Road Vehicle Standards Rules 2018
26/02/2019 - These rules set out matters that support the regulatory framework of the Road Vehicle Standards Act 2018. The rules provide for the keeping of a Register of Approved Vehicles (RAV), on which a road vehicle must be entered before a person may provide the vehicle for the first time in Australia. A vehicle may be entered on the RAV if it satisfies the requirements of an entry pathway.

New South Wales

Regulations and other miscellaneous instruments
Road Transport (General) Amendment (Speed Measurement Devices) Regulation 2019 (2019-132) — published LW 28 February 2019.

Contacts:

Sydney
Nathan Cecil, Partner 
T: +61 2 8083 0429 
E: nathan.cecil@holdingredlich.com

Geoff Farnsworth, Partner 
T: +61 2 8083 0416 
E: geoff.farnsworth@holdingredlich.com

Melbourne
Harry Kingsley, Partner
T: +61 3 9321 9888 
E: harry.kingsley@holdingredlich.com

Brisbane
Suzy Cairney, Partner 
T: +61 7 3135 0684 
E: suzy.cairney@holdingredlich.com

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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