HEAVY VEHICLE NATIONAL LAW
Gazetted Schedule
National Heavy Vehicle Regulator Prescribed Fees for Financial Year 2020/21
Section 740A(4)
Heavy Vehicle National Law
Pursuant to s740A(4) of the Heavy Vehicle National Law, prescribed fees under the Heavy Vehicle (General) National Regulation for the 2020/21 financial year are hereby set out in Schedule 1 of this Notice.
The fees in Schedule 1 take effect on 11 January 2021.
Don Hogben
Chief Regulatory Policy and Standards Officer
National Heavy Vehicle Regulator
(Delegate under s740A, Heavy Vehicle National Law)
SCHEDULE 1: National Heavy Vehicle Regulator Prescribed Fees for Financial Year 2020/21
The amounts shown are the current fees for the 2020/2021 financial year.
Heavy Vehicle (General) National Regulation, Schedule 1 - Fees
Fee # As per the Regulation | Application | Amount FY 2020/2021 |
1 | An application under section 459(1) for maintenance management accreditation by an operator of a heavy vehicle | 91 |
2 | An application to add vehicles to or change vehicles currently nominated under maintenance management accreditation (per vehicle) by an operator of a heavy vehicle. | 34 |
4 | An application under section 459(1) for mass management accreditation by an operator of a heavy vehicle | 91 |
5 | An application by an operator to add vehicles to or change vehicles currently nominated under mass management accreditation (per vehicle) by an operator of a heavy vehicle | 34 |
7 | An application under section 459(1) for BFM accreditation by an operator of a heavy vehicle | 91 |
9 | An application under section 459(1) for AFM accreditation by an operator of a heavy vehicle | 139 |
11 | An application for a written work diary under section 339(1) by a driver of a fatigue-regulated heavy vehicle | 25 |
12 | An application for a mass or dimension exemption (permit) under section 123(1) | 75 |
13 | An application for the renewal of a mass or dimension exemption (permit) | 75 |
14 | An application for a class 2 heavy vehicle authorisation (permit) under section 144(1) | 75 |
15 | An application for the renewal of a class 2 heavy vehicle authorisation (permit) | 75 |
16 | An application for a HML permit under s21 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation | 75 |
Overview
The Heavy Vehicle National Law, enacted in 2012, was introduced to create a unified framework for the regulation of heavy vehicles across Australia, thereby addressing the inconsistencies and inefficiencies that arose from the previously disparate state and territory regulations. This Act, enacted by the Australian Parliament, aims to ensure uniformity in the regulation of heavy vehicles to enhance safety and efficiency on the nation's roads. The law was designed to streamline processes and reduce administrative burdens for operators, while maintaining high standards of road safety. The fees prescribed under this law, as outlined in the Gazetted Schedule for the 2020/21 financial year, reflect the regulatory costs associated with the administration and enforcement of the heavy vehicle regulations, ensuring the ongoing maintenance of a safe and efficient national heavy vehicle system.
Scope and Application
The National Heavy Vehicle Regulator Prescribed Fees for Financial Year 2020/21, under section 740A(4) of the Heavy Vehicle National Law, applies to operators of heavy vehicles and drivers of fatigue-regulated heavy vehicles who need to submit various types of applications to the National Heavy Vehicle Regulator. These applications include requests for maintenance management accreditation, mass management accreditation, BFM and AFM accreditation, written work diaries, and exemptions or permits related to mass or dimension. The fees are set out in the Schedule 1 of this Notice, which took effect on 11 January 2021, and are applicable across the Commonwealth of Australia. The fees vary depending on the type of application, ranging from $91 to $1391. The National Heavy Vehicle Regulator can extend or restrict the application of these fees through subordinate instruments.
Key Provisions
The key provisions of the Heavy Vehicle National Law, as outlined in the Gazette, pertain to the fees prescribed by the National Heavy Vehicle Regulator for the 2020/21 financial year. Section 740A(4) establishes the fees listed in Schedule 1, which govern various applications related to heavy vehicle operations and accreditations. For instance, section 459(1) of the Heavy Vehicle (General) National Regulation addresses fees for maintenance management accreditation, with an application fee of $912, and an additional $34 per vehicle for modifications to the accreditation (Fee #1 and Fee #2). Similarly, mass management accreditation applications incur a fee of $915, with $34 per vehicle for changes (Fee #3 and Fee #4). Accreditations for BFM and AFM also come with fees, set at $919 and $1391 respectively (Fee #5 and Fee #6). For drivers of fatigue-regulated heavy vehicles, the fee for a written work diary application is $251 (Fee #7). Exemptions for mass or dimension are subject to fees of $75 for initial applications and renewals (Fee #12 and Fee #13). Additionally, applications for a class 2 heavy vehicle authorisation and its renewal are priced at $75 each (Fee #14 and Fee #15). Lastly, a new application for a HML permit is also set at $75 (Fee #16).
The obligations imposed by the Heavy Vehicle National Law on parties and entities involve compliance with the specified fees for various applications related to heavy vehicle operations and accreditations. Operators of heavy vehicles must pay the prescribed fees when submitting applications for maintenance management, mass management, BFM, AFM, and other related permits. Drivers of fatigue-regulated vehicles must also comply with the fees for written work diaries. These fees are mandatory and must be paid to the National Heavy Vehicle Regulator as part of the application process.
Failure to comply with the prescribed fees or making incomplete or incorrect fee payments may result in consequences under the Heavy Vehicle National Law. While the Gazette does not specify penalties for non-payment or incorrect fees, breaches of the law could potentially lead to enforcement actions, fines, or other legal repercussions. Operators and drivers must ensure that they adhere to the fee requirements to avoid any potential legal issues. The National Heavy Vehicle Regulator retains the authority to take appropriate action against non-compliant parties.