| Commonwealth
of Australia | Gazette |
Published by the Commonwealth of Australia | GOVERNMENT NOTICES |
HEAVY VEHICLE NATIONAL LAW
Gazetted Schedule
National Heavy Vehicle Regulator Prescribed Fees for Financial Year 2017/18
Section 740 & 740A
Heavy Vehicle National Law
Pursuant to s740(5) and s740A(4) of the Heavy Vehicle National Law, a schedule of prescribed fees, including increases for the 2017 and 2018 financial year, are hereby set out in Schedule 1 of this Notice.
Date: 16 June 2017
Ray Hassall
Executive Director
Regulatory & Legal Services
National Heavy Vehicle Regulator
(Delegate under s740, Heavy Vehicle National Law)
SCHEDULE 1: National Heavy Vehicle Regulator Prescribed Fees for 2017/18 Financial Year
The following table provides fees currently prescribed by Schedule 1 of the Heavy Vehicle (General) National Regulation. The amounts shown are the base amount provided in the Regulation, and the current fee for the 2017/2018 financial year as increased under s740A of the Heavy Vehicle National Law. Section 740A will commence 1 July 2017.
Heavy Vehicle (General) National Regulation, Schedule 1 – Fees
Fee # | Application | Schedule 1 Amount | Amount FY 2017/2018 |
1 | An application under section 459(1) for maintenance management accreditation by an operator of a heavy vehicle | 84 | 84* |
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. | 27 | 27* |
4 | An application under section 459(1) for mass management accreditation by an operator of a heavy vehicle | 84 | 84* |
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 | 27 | 27* |
7 | An application under section 459(1) for BFM accreditation by an operator of a heavy vehicle | 84 | 84* |
9 | An application under section 459(1) for AFM accreditation by an operator of a heavy vehicle | 127 | 127* |
11 | An application for a written work diary under section 339(1) by a driver of a fatigue-regulated heavy vehicle | 25 | 25* |
12 | An application for a mass or dimension exemption (permit) under section 123(1) | 70 | 72 |
13 | An application for the renewal of a mass or dimension exemption (permit) | 70 | 72 |
14 | An application for a class 2 heavy vehicle authorisation (permit) under section 144(1) | 70 | 72 |
15 | An application for the renewal of a class 2 heavy
vehicle authorisation (permit) | 70 | 72 |
* indicates an amount where the annual CPI increase over the base amount has not increased or been waived by the National Heavy Vehicle Regulator under s740(6) of the Heavy Vehicle National Law.
Overview
The Commonwealth of Australia enacted the Heavy Vehicle National Law in 2012, establishing a unified regulatory framework to address inconsistencies and inefficiencies in heavy vehicle regulations across different jurisdictions. This Act was designed to improve safety and efficiency on Australian roads by setting a national standard for the operation of heavy vehicles. The problem it aimed to address was the fragmented and varied state-based regulatory systems that had developed over time, leading to confusion, increased administrative burden, and potential safety risks. The policy objective behind the Act was to create a more streamlined and coherent regulatory environment for heavy vehicles, ensuring they operate safely and efficiently throughout the country.
This legislation was enacted by the Australian Parliament, reflecting a commitment to harmonise heavy vehicle regulations and provide a consistent approach to enforcement and compliance. The Heavy Vehicle National Law addresses the gap by providing a comprehensive and cohesive regulatory framework, overseen by the National Heavy Vehicle Regulator, to ensure that heavy vehicles meet national safety and operational standards. The regulator is responsible for administering the law, including the setting of prescribed fees, as demonstrated in the 2017/18 financial year fee schedule outlined in the Gazette.
Scope and Application
The Heavy Vehicle National Law, as implemented through the National Heavy Vehicle Regulator Prescribed Fees for Financial Year 2017/18, applies to a range of persons and entities involved in the operation of heavy vehicles across Australia. This includes operators of heavy vehicles who are required to seek accreditation for maintenance management, mass management, BFM (Basic Fatigue Management), and AFM (Advanced Fatigue Management), as well as drivers of fatigue-regulated heavy vehicles who need to apply for a written work diary. Additionally, the law applies to those seeking mass or dimension exemptions or authorisations for class 2 heavy vehicles. The fees prescribed in the schedule pertain to applications submitted to the National Heavy Vehicle Regulator, and the law operates on a national level, ensuring uniformity across all states and territories. The fees outlined in the schedule are subject to annual adjustments based on the Consumer Price Index, although some fees remain fixed as indicated in the table. Subordinate instruments may further detail the application and enforcement of these fees.
Key Provisions
The main operative sections of this legislation are sections 740 and 740A of the Heavy Vehicle National Law, which mandate the setting of prescribed fees for various applications related to heavy vehicle operations (s740(5) and s740A(4)). Schedule 1 of this Notice outlines the specific fees for the 2017/18 financial year, including the base amounts and the current fees after the increase mandated by section 740A. These fees apply to various applications such as maintenance management accreditation (s459(1)), mass management accreditation, BFM accreditation, AFM accreditation, and written work diaries for fatigue-regulated heavy vehicles (s339(1)). Additionally, fees are prescribed for applications related to mass or dimension exemptions and class 2 heavy vehicle authorisations (permits).
Under this Act, the National Heavy Vehicle Regulator is responsible for prescribing the fees for various applications as stipulated in the Heavy Vehicle (General) National Regulation, Schedule 1. This includes setting the base amount for each fee and applying any increases for the financial year in accordance with the provisions of the Heavy Vehicle National Law (s740A). The Regulator must ensure that the fees reflect the current economic conditions and the costs associated with processing these applications, while also taking into account the Consumer Price Index (CPI) as per section 740(6) of the Act.
The Act imposes several obligations on the parties it governs, including the requirement for heavy vehicle operators to pay the prescribed fees for various applications, such as maintenance management accreditation and mass management accreditation. Drivers of fatigue-regulated heavy vehicles must also pay the prescribed fee for a written work diary. Furthermore, the National Heavy Vehicle Regulator must review and adjust the fees annually to ensure they remain current and reflective of economic conditions. Any increases must be implemented in accordance with the provisions of the Heavy Vehicle National Law.
Failure to comply with the prescribed fees set out in this legislation may result in civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties for breaches are not explicitly stated in the text, but generally, penalties for non-compliance with heavy vehicle regulations can include fines, imprisonment, or both, depending on the specific offence and jurisdiction. It is important for heavy vehicle operators and drivers to adhere to the prescribed fees to avoid potential legal repercussions.