WA is one of two Australian state or territories who haven’t agreed to the HVNL
Western Australia and the Northern Territory are the only two Australian state or territories who still refuse to sign the nationally recommended Heavy Vehicle National Law (HVNL) due to preferring their own systems.
For most of Australia, the HVNL governs all regulations regarding heavy vehicles and freight operators in the transport industry.
But WA and the NT have never signed the intergovernmental agreement for the HVNL from the National Heavy Vehicle Regulator (NHVR), instead preferring to use their own transport management systems and laws to govern the industry.
A 2021 report from the National Transport Committee (NTC) titled National Transport Reform Implementation Monitoring Report says the two Australian regions have never signed the HVNL agreements nor their amendments, while WA is also yet to sign the Rail Safety National Law agreement.
According to the WA government, it says the motion of refusing the HVNL started back in 2011.
“In 2011 the then Premier of WA declined signing the HVNL as the benefits to the state of this reform were not demonstrated,” WA transport minister Rita Saffioti says.
“Successive transport ministers have consistently advised the Commonwealth that WA will not be adopting the HVNL, as the WA government is committed to maintaining its own heavy vehicle driver fatigue arrangements.”
WorkSafe WA currently manages WA’s driver fatigue scheme under Occupational health and Safety legislation in a system that was developed in close consultation with the WA industry.
The WA government says its current policies are tailored to suit the unique operating environment in WA.
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“The strong relationship between the WA government and the transport industry is critical in maintaining the current high levels of safety, productivity and efficiency,” Saffioti says.
But the WA rules are a work in progress – the WA government has strengthened the Heavy Vehicle Accreditation Scheme (WAHVA) to include compliance legislation.
Its main difference is that the WAHVA is mandatory for all Restricted Access Vehicle (RAV) operators, while the NHVR’s accreditation system isn’t.
Saffioti says WA’s individual laws and systems put the state’s transport industry ahead of the other states.
“Engaging with the transport industry has helped WA achieve outcomes that are often the envy of our eastern state counterparts as we continually improve our policies and processes, particularly relating to innovative approaches to RAV access to the WA road network and permit turnaround timeframes,” she says.
Despite not signing the national framework, the WA government still says it supports the harmonisation of heavy vehicle regulation and the adoption of nationally consistent practices but stresses these reforms should be beneficial to the state.
“We support nationally consistent regulation where the reforms benefit WA, can be achieved cost-effectively and will continue to work with our counterparts who have adopted the HVNL to improve cross border operations,” Saffioti says.