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Legislative Assembly for the ACT: 2013 Week 12 Hansard (24 October) . . Page.. 3773..


office of the National Heavy Vehicle Regulator. All other jurisdictions, with the exception of Western Australia, have recently made or are currently making laws similar to these bills that are applying the heavy vehicle national law in each jurisdiction. Although Western Australia is not part of the national agreement, it is expected to adopt mirror legislation in the near future.

The heavy vehicle national law creates a uniform regulatory framework that establishes the National Heavy Vehicle Regulator; provides for the national registration of heavy vehicles; imposes duties and obligations on operators, drivers and other persons whose activities may influence whether the vehicles or drivers comply with particular requirements; and includes measures to allow improved access to roads in certain circumstances.

The law also prescribes requirements about the standards heavy vehicles must meet before they can be used on roads, securing and restraining loads on heavy vehicles used on roads, preventing drivers of heavy vehicles exceeding speed limits, and preventing drivers of heavy vehicles from driving while fatigued.

The regulator will ensure the consistent application of the national laws across all participating jurisdictions, resulting in the same outcome in the same circumstances across Australia. Once the national regulator is fully operational, operators will be able to apply online for access permits through one national business portal; deliver Australia's freight tasks under the standardised regulations for mass, dimensions and loading; operate under harmonised, national standards for heavy vehicles inspections; take advantage of mutual interstate recognition of inspections and defect clearances, reducing vehicle downtime; and align businesses with nationally consistent fatigue management laws.

While the national regulator will be responsible for administering the national law and conducting heavy vehicle regulatory activities, many of these activities will continue to be delivered by state and territory transport agencies through service agreements with the regulator. For example, while vehicle inspectors will continue to be employed by the directorate they will deliver on-road compliance and enforcement of heavy vehicles on behalf of the national regulator. ACT Policing will enforce heavy vehicle offences under the national law.

In addition, while most aspects of heavy vehicle regulation will fall under the national law, it is important to note that several aspects of heavy vehicle regulation will continue to be covered by territory laws. These matters include driver licensing, public passenger accreditation, drink and drug driving, road rules and matters related to dangerous goods vehicles and also traffic movements.

While the territory is adopting all of the national law in its application bill, there will be a phased commencement of the law in the territory. There is a national agreement that the provisions relating to vehicle registration will be delayed until at least 2015 to allow an appropriate registration IT system to be developed.

The remaining components that will not be commenced until a later date reflect those parts of the model heavy vehicle law which are now part of the heavy vehicle national


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