Note: This information is intended as general guidance only and does not constitute legal advice. We encourage you to obtain independent advice about your legal obligations. If you have any feedback on the information provided, please contact us at info@nhvr.gov.au

This regulatory advice provides guidance on Heavy Vehicle National Law (HVNL) obligations for the operation of Restricted Access Vehicles (RAVs).

Who is this advice for?

This regulatory advice is intended for:

• heavy vehicle operators
• other parties in the Chain of Responsibility (CoR) and their executives.

What are my legal obligations?

This is an obligation to eliminate or minimise public risks, and a prohibition against directly or indirectly causing or encouraging a driver or another person, including a party in the CoR, to contravene the HVNL or to exceed a speed limit.

CoR parties, should be aware that they remain a CoR party even when their transport activities are contracted, or subcontracted, to another party.

What are the legal consequences?

Under the HVNL, if you are a party in the CoR or an executive, you have a legal obligation to eliminate or minimise public risk. Sanctions range from education and formal warnings for minor offences to injunctions and prosecution for more serious offences.

In addition to CoR penalties, you may also be subject to penalties for specific offences for failing to adhere to HVNL access requirements, including using or permitting the use of:

• a vehicle that contravenes a condition of mass or dimension exemption (section 129)
• a restricted access vehicle to be used on a road other than a road on which the vehicle is allowed to be used under the authority applying to the vehicle (section 153A)
• a Class 2 heavy vehicle on a road other than in accordance with a Class 2 heavy vehicle authorisation (section 137).

All these offences carry a maximum penalty of $6,000.

What are the hazards and risks?

RAV journeys that take place without the appropriate authority (eligible notice or permit) pose a significant safety risk to other road users, roads and infrastructure.

Operators pose an unacceptable safety risk when they:

• fail to submit permit applications
• undertake a journey prior to their permit application being processed
• ‘running hot’
• submit permit applications that deliberately understate dimensions and mass to influence more favourable routes and permit conditions
• fail to adhere to all permit or notice conditions.

Potential hazards of operating an RAV on unapproved roads may include:

• public amenity disruption
• unnecessary traffic congestion delays for other road users
• damage to bridges, roads, communication infrastructure and service utilities
• cost and reputational damage caused by regulatory action
• loss of business efficiency and productivity
• delays and costs associated with infrastructure damage
• poor customer satisfaction.

Potential safety risks resulting from these hazards may include:

• the risk of serious injury or death to workers and other road users
• the risk of damage to infrastructure.

Why is it important to manage these hazards and risks?

Properly managing these hazards and risks will help CoR parties and their executives to:

• prevent serious injury or death to workers and other road users
• prevent damage to infrastructure
• prevent traffic congestion and delays for other road users
• avoid financial losses due to delays, impacts on scheduling, or damage to equipment or infrastructure
• avoid regulatory and other legal sanctions
• enhance their reputation within industry, and position themselves as a business or employer of choice
• create a safety culture within their business where workers are encouraged to make informed decisions about safety, thereby creating positive outcomes for employee and public safety, and benefits to other areas of their business.

How do I manage these hazards and risks?

One of the most effective ways for CoR parties in the heavy vehicle supply chain to manage the safety of their transport activities is to adopt and actively use a Safety Management System (SMS) as part of their everyday business.

An SMS is a systematic approach to managing safety which, once implemented, will help CoR parties identify how to ensure the safety of their transport activities, so far as is reasonably practicable.

As part of the risk management process, CoR parties should:

• identify hazards associated with their transport activities
• assess the risks associated with those hazards
• identify and implement control measures to eliminate or minimise those risks
• review the effectiveness of control measures – either periodically or after any incident – to ensure they remain effective.

CoR parties who have an influence on the use of RAVs must ensure the vehicle has the appropriate authority for the journey, either by a gazetted notice or an access permit, and ensure compliance with any conditions of the notice or permit.

CoR parties include anyone who:

• directs the control and use of a heavy vehicle
• consigns or receives a load.

Operators

It is important that all parties that have an influence on the use of RAVs has input into, and oversight of planning the journey. This includes identifying whether the planned journey requires a permit and, if so, ensuring that the application for the permit is submitted to the NHVR with sufficient time to be issued. Be aware that road managers may take up to 28 days to respond to an application.

Additionally, the operator must ensure:

• All information provided in the permit application is accurate and not false or misleading in any way. Learn more about providing false or misleading information.
• The journey is carried out in accordance with any conditions or requirements of the permit or notice, including mass and or dimension requirements, warning devices, routes, or the time of day or hours of operation.
• Pilots and/or escort drivers are provided with all appropriate documents required to operate the heavy vehicle in compliance with the HVNL and any relevant notice or permit. More information on providing permit copies to pilot and escort vehicle drivers.
• A copy of the permit or notice (if required) is kept in the vehicle and is presented to an authorised officer when requested.
• Drivers understand their responsibilities regarding the journey and any permit or notice conditions.
• The route is approved for travel under the permit or notice noting any relevant bridge, tunnel or other dimension restrictions.

Other CoR parties

Other CoR parties must:

• provide accurate information about the load
• provide information regarding load destination
• engage in open communication with other parties regarding the management of any risk and compliance with regulatory requirements
• assist in the route planning
• ensure the appropriate road access is authorised, either through a notice or, if required, a permit.

Pilots and escorts obligations

Pilots or escorts also have responsibilities under the HVNL. These responsibilities include complying with the conditions of the mass or dimension exemption by ensuring the heavy vehicle:

• travels on a route allowed under the permit
• travels at a time allowed under the permit
• is accompanied by the number of pilot or escort vehicles required under the permit.

How do I gain access to the road network?

Depending on the size and configuration of your heavy vehicle, you may not need a permit, as access for some RAVs is managed through national and state or territory gazetted notices. Check gazetted notices on the NHVR website.

The NHVR Access Management web page will help you determine whether your vehicle requires an access permit and explains how to apply for one.

Resources

Master Code

Guidance and direction on how to effectively introduce a risk management process within your business can be found in Section 3 of the Master Code.

Guidance on managing the risk of Oversize Overmass (OSOM) vehicles, including access requirements, can be found in section 7 of the Master Code.

Safety Management System (SMS)

Management of safety risks can be more effective with the adoption, development and active use of a Safety Management System (SMS).

An SMS is a systematic approach to managing safety, including the necessary organisational structures, accountabilities, policies and procedures, which is integrated throughout the business wherever possible.

An SMS can help you:

• provide a safer work environment for your employees, customers, contractors and the public
• manage your safety duties under the HVNL
• demonstrate your ability to manage risk and ensure safety
• become an employer of choice and preferred supplier to customers
• make informed decisions and increase efficiency
• allocate resources to the most critical areas that have an impact on safety
• reduce costs associated with incidents and accidents.

Regardless of the size of a business, an effective SMS can help your business have an appropriate safety focus and comply with its duty to ensure the safety of its transport activities.

Structured information and resources including quick-guide documents, templates, worked examples and toolbox talks to guide you through each step of developing an SMS, implementing it with your management and staff, and extracting safety are available in the 9 Step SMS Roadmap.

Understand the HVNL and your primary duty

So far as is reasonably practicable

So far as is reasonably practicable means an action that can reasonably be done in relation to the duty, considering relevant matters such as:

• the likelihood of a safety risk or damage to road infrastructure
• the harm that could result from the risk or damage
• what the person knows, or ought reasonably to know, about the risk or damage
• what the person knows, or ought reasonably to know, about the ways of removing or minimising the risk, or preventing or minimising the damage
• the availability and suitability of those ways
• the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.

More information can be found in Regulatory Advice - Reasonably practicable.

Due diligence

Exercising due diligence includes taking reasonable steps to:

• acquire and maintain knowledge about conducting transport activities safely
• understand the nature of the business’s transport activities, including the hazards and risks associated with those activities
• ensure the business has, and uses, appropriate resources to eliminate or minimise the hazards and risks associated with its transport activities
• ensure the business has, and uses, processes to eliminate or minimise the hazards and risks associated with its transport activities and that information about hazards, risks and incidents is received, considered and responded to in a timely way.

Executive due diligence

Examples of executive due diligence activities include:

• collecting information about incident rates to see if the safety management plan is working
• participating in industry-led forums and safety seminars
• ensuring work procedures are being followed and result in improvements in safety
• ensuring safety incidents are responded to and investigated
• implementing learnings from the investigation of safety incidents.

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