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Have your say on HVNL enforcement

September 19, 2019


In Effective Enforcement, the seventh of eight issues papers for the Heavy Vehicle National Law (HVNL) review, the National Transport Commission (NTC) is examining how it can make better use of information, data and technology to improve HVNL enforcement.

“For roadside enforcement to be effective, there must be an efficient system of identifying breaches, understanding motivations for noncompliance and taking suitable action,” the paper states.

“The HVNL relies heavily on roadside enforcement to detect noncompliance. It can be costly, resource-intensive and can result in a low number of detections

“There are challenges with data ownership, security, quality and sharing. Where data exists, it’s often not shared. Where it is shared, datasets can be incompatible or of poor quality and unable to be accessed by other parties or systems.

“The HVNL poorly accommodates advances in technology, data and electronic communications. The HVNL only recognises the IAP and EWD as forms of technology that can be used for regulatory purposes.

“There are many forms of technology that can provide value to industry, government and regulators that the law doesn’t acknowledge or accommodate.”

‘Reactive approach to enforcement’ is out of date

The paper highlights the limitations of the “traditional ‘command and control’ approach to compliance” which it says is “a reactive approach to enforcement, applying only after the offence has been committed”.

“It’s very difficult to police long stretches of roads in rural and remote areas that see little traffic. Yet the road toll is higher in rural and remote areas than in urban areas,” the paper states.

“The density of traffic in inner urban areas is another challenge. It makes interception for roadside enforcement purposes unsafe or impractical at times.

“The traditional approach also focuses on the driver rather than other participants in the supply chain that can influence compliance.

“This means that the economic and cultural factors that may have contributed to the breach remain invisible and unchallenged.”

NTC wants your input

The NTC is asking for feedback on how it can:

  • better align the objects of the law to compliance;
  • deliver a future law that is easier to comply with; and
  • make enforcement more efficient and effective, underpinned by better information.

The Effective Enforcement issues paper can be viewed here.

The deadline for stakeholders to submit their feedback is 31 October.

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