A draft Safety Management System standard has now been released for consultation under the proposed reforms to the Heavy Vehicle National Law (HVNL).
If you’re an accredited party and your safety policy hasn’t been touched since the day it was typed, that approach will not survive what’s coming.
The new HVNL will require accredited operators to have an SMS that meets the standard, not a binder on a shelf, not a cut-and-paste from someone else’s business, and not a vague intention to “update it later”.
Accreditation will move beyond paperwork; you will need to show that the system is suitable, operating and effective.
So, what is an SMS – really?
Prior to these amendments there was no guidance in the HVNL on what a safety management system was.
Put simply it is a framework that most companies would already have that they use to identify risks, control them and keep improving.
In the heavy-vehicle world, an SMS will need to cover the policies, systems and procedures that govern the safety of your transport activities and the driving of heavy vehicles.
It must also identify public risks, not just risks to workers and show how those risks are assessed and controlled. Public risk means the school bus your truck passes, other drivers on the road and the community affected if your load shifts or a fatigued driver drifts.
What the draft standard is pushing operators to prove
The draft standard reads like a roadmap for enforcement.
Regulators want to see leadership and commitment from the top, not safety delegated to a depot manager with no authority.
They expect operators to have documented responsibilities, resourcing and evidence that safety is being monitored, not assumed.
Risk management to meet the standard will now have to move beyond common sense. Operators will need processes to actively identify hazards, assess them, and put controls in place.
Near misses must be recorded, reported and used to fix problems. People management is front and centre. Fitness to drive, licensing, fatigue, impairment and competency can no longer be dealt with informally.
Drivers must be able to disclose issues without fear of punishment, and training cannot stop at induction.
Finally, the system must be tested. Audits, performance measures and continual improvement are no longer optional extras. An SMS that never changes is an SMS that isn’t working.
Why this matters beyond compliance
The biggest change is cultural: your SMS will become a live document that can be examined in an investigation or prosecution. If it exists only on paper, it becomes evidence against you, not protection.
For the first time, even smaller operators will need:
• documented policies and procedures
• risk identification and controls
• a way to monitor whether controls work
• a process for improving the system over time
Accreditation based on this draft will not be achieved by showing that a document exists. You will need to demonstrate that it is functioning.
Timeframes are tight
Operators should now be:
• reviewing existing policies
• mapping gaps against the draft standard
• allocating budget and responsibility
• documenting what already happens in practice
• preparing to implement, not just promise
The bottom line
If your policy lives in a drawer, it’s time to drag it into the real world. The next two years will separate those who treat safety seriously from those who treat it as decoration and regulators have already shown which group they are prepared to test first.
This article provides general guidance only and is not intended to cover every circumstance or provide specific legal advice. Each case turns on its own facts and operators should seek independent legal advice. Liability limited by a scheme approved under Professional Standards Legislation.
- Belinda Hughes is Director and Principal Lawyer at Hughes Law.