Sometime ago National Road Freighters Association (NRFA) past president Rod Hannifey wrote to all state enforcement agencies (police) seeking leniency when dealing with truck drivers on the roadside with minor work and rest hour breaches and mistakes within the work diary.
The unanimous response was that police can only enforce what is in the law and there is no leniency written into the law.
The NRFA now calls for the Heavy Vehicle National Law (HVNL) to include the NHVR’s enforcement policy of: “Inform, Educate and Enforce” for all on road enforcement agencies.
The NHVR’s response to the HVNL Consultation Regulatory Impact Statement, stated the following: The NHVR’s Regulatory Intervention Strategy (endorsed as part of the National Regulatory Model) supports an “Inform, Educate and Enforce” approach to compliance that would ensure drivers aren’t unfairly fined for minor work and rest hour breaches.
The NHVR has been adopting a successful risk-based approach to compliance activities for several years now and this has been acknowledged by the heavy vehicle industry.
This approach adopts an “Inform, Educate and Enforce” approach to heavy vehicle compliance activities.
The NHVR supports changes to the fatigue laws that provide NHVR safety and compliance officers with more ability and tools to better utilise this approach with the heavy vehicle industry, including the ability to issue formal warnings without current constraints.
NRFA members and the broader transport community acknowledge these enforcement changes made by the NHVR have made interceptions more friendly and proactive towards safety, yet we still must deal with a different set of rules when dealing with Police.
The NRFA are seeking support from industry to encourage all state transport ministers to adopt the NHVR strategy of “Inform, Educate and Enforce” and have it included in the pending release of the HVNL 2.
Having these three little words “Inform, Educate and Enforce” included in HVNL will enable a uniform approach to road enforcement from all enforcement agencies and ensure that all drivers are treated reasonably and with respect for minor matters regarding work diary discretions.
It will go a long way to removing the negativity within industry caused by the current unbalanced enforcement approach.
It will give all drivers, new and old, the chance to learn from their mistakes, instead of being turned off our industry for good after receiving excessive penalties for minor and low risk breaches or mistakes.
Over the coming months prior to the HVNL 2 legislative package being delivered to the transport ministers in December, the NRFA is seeking meetings with all state transport ministers to discuss the need to have these three little words included in the HVNL.
We don’t need to convene another round of reviews and consultations to make this simple change to the law, just acknowledge what has been proven to work and do it.
This is a decision transport ministers can make knowing full well that it is already proven a success by the NHVR whom they all task with the enforcement of HVNL within their states.
- Glyn Castanelli is a former truckie and current president of the National Road Freighters Association.
I have up driving because of this very reason 20 years ago I am to old now I could have been a productive driver for all those years being treated like a criminal for just doing my job is not the way
Absolutely l have given up recently as well after 30yrs of driving and no infringements, that meant nothing when l ended up in court over a simple mistake. Too many government agencies itching to relieve you of your money …. no other job this can happen so why would you drive for a living it’s only getting worse
Colin Iand many agree with you, We got out of the business selling 20 near new bd kenKorth 909s trucks because of the constant harassment by police from Queensland to Western Australia.
The loser here is the Australian economy and the end users of the products transported,Australian Governments need to wake up to themselves.
We put off 30 professional drivers.
May be write a ticket for a minor breach but will be considered as a warning and nothing happens (no points of fine) except if they do same again in next 12 months then both apply. Just a thought. (PS I am just an elderly car driver! & nothing to do with road transport)
Totally agree with Colin, there is no “CDF” left any more, its criminal that an officer
of any law inforcement angency can’t look at an event and make a judgement call.
Some are just hardarse while others have to cover their own arse.
40 years ago. WA. You sometimes got an ear bash or a formal warning,
now its. book em, book em, book em, $$$$$$$$$$$$$$$