The National Transport Commission (NTC) has unveiled its proposed new penalties under Heavy Vehicle National Law (HVNL) following its review of 349 offences.
The HVNL Penalties Review included a review of all monetary penalties, demerit point amounts and a review of ‘infringeability’ in order to ensure the HVNL is both risk-based and proportionate to potential harm.
The NTC reviewed 349 offences and has proposed to increase 50 penalties and decrease 21 penalties, including fatigue and record-keeping penalties faced by drivers.
The proposal includes the reduction in fine for a minor fatigue breach operating under standard hours from a maximum of $5300 to $3980, with the infringement notice amount to fall from $800 to $530.
Australian Trucking Association CEO Mathew Munro supports the proposed reduction to fatigue-related fines.
“The very high penalties for minor breaches of the fatigue rules do not make roads safer,” Munro says.
“Instead, they are unfair and discourage good drivers from participating in our industry.
“The NTC is proposing a sensible rebalancing of penalties across the law. Penalties for minor, often inadvertent, offences would be reduced, while penalties for deliberate offences, such as deception, would be increased.
“In an operating environment where we’ve come to expect the penalties will only go up, it’s refreshing to see proposals for relief.
“In combination with greater use of formal warnings and fatigue education, fairer penalties would be an important step in the right direction.”
The NTC released the proposed penalties as part of the exposure draft of the law and regulation amendments needed to implement the results of the HVNL review.
The NTC is now consulting on the drafts to check they reflect the policy intent of the ministers and to ensure the law operates as intended.
Consultations on the proposed penalties and draft legislation close on 21 November, 2024.
For the full HVNL Penalties Review, click here.
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