No, a Safety Management System (SMS) is not compulsory for every heavy vehicle operator under the Heavy Vehicle National Law. But operators must still manage safety risks — and those entering the new Heavy Vehicle Accreditation scheme need an SMS that meets the prescribed standard.
That distinction is at the centre of questions raised by former National Heavy Vehicle Regulator (NHVR) Director of Prosecutions Belinda Hughes about enforcement and the grounding of transport businesses.
What is compulsory — and for whom?
The NHVR’s current guidance is explicit: having an SMS is not generally mandatory under the Heavy Vehicle National Law (HVNL). However, an operator seeking accreditation under the new Heavy Vehicle Accreditation (HVA) scheme must establish and implement an SMS complying with the Safety Management System Standard 2026.
The amended HVNL and HVA scheme commenced on 1 August 2026. General Safety Accreditation (GSA) is the entry tier, with an audit to verify the SMS against the standard. Additional accreditation pathways have further requirements.
That means a non-accredited operator and an operator applying for HVA are not in the same position. Existing accreditation arrangements and transitions should be checked against the operator’s specific circumstances.
But every operator still has safety duties
Not having to hold a formal SMS does not mean an operator can run without safety controls. The HVNL’s primary duty requires parties in the Chain of Responsibility to ensure, so far as is reasonably practicable, the safety of their transport activities.
In practice, that means identifying risks such as fatigue, vehicle maintenance, loading and scheduling pressures and taking effective steps to control them. A documented SMS is one way to organise and demonstrate that work. It is not the only possible way for an operator outside accreditation to meet its duties.
Could an operator be prohibited from operating because it has no SMS?
The absence of a formal SMS, by itself, is not the general statutory test for a prohibition notice. NHVR guidance says prohibition notices are used to stop an activity involving a heavy vehicle that involves, or may involve, an immediate or imminent risk to safety, where prohibiting that activity is the most effective and efficient response in the circumstances.
An operator’s inadequate safety controls may be relevant evidence when assessing a real safety risk. But it is important not to confuse a missing document or system label with proof that the statutory threshold for prohibition has been met. Equally, a business cannot avoid enforcement merely by saying that an SMS is optional if its actual transport activities present a serious safety risk.
Why Belinda Hughes is questioning the distinction
Hughes, now principal lawyer at Hughes Law, told WWTG that the regulator’s public message about SMS requirements needs to match how those requirements are treated in enforcement.
“They’re saying it’s not mandatory. The policy is, and the media section is saying it’s not mandatory. It’s only mandatory for those in accreditation. Yet we are seeing, and I am seeing, companies grounded because they don’t have one.”
That is Hughes’ account of matters reaching her practice, not a finding that a particular NHVR decision was unlawful. She also argued that operators should be clearly educated about requirements before severe action is taken where circumstances allow.
What the NHVR says
In its response to WWTG, the NHVR said its focus is on the underlying safety risk and how that risk is being managed, rather than on a document in isolation. It says prohibition notices are exceptionally rare, reserved for immediate or imminent serious safety risks, and remedial rather than punitive.
The NHVR said its comments were general and did not refer to any particular prohibition notice. In a subsequent response on 7 October, it directed WWTG to its current SMS guidance and said its earlier general position remained current.
What should an operator do now?
First, check whether your business is seeking or holds accreditation and what transition rules apply. If you are entering the HVA scheme, the prescribed SMS and audit requirements matter directly. If you are not, you still need working risk controls that fit your operation and meet your primary duty.
Second, distinguish a regulatory request to improve safety controls from a claim that every operator must hold an accredited SMS. Ask what risk has been identified, which legal obligation is engaged and what practical steps will address it.
The bottom line is simple: an SMS is not universally compulsory, but safety management is. Whether the NHVR can prohibit an activity turns on the statutory safety-risk threshold and the circumstances, not simply the absence of an SMS document.
Primary sources
- NHVR — SMS frequently asked questions
- NHVR — Safety Management Systems
- NHVR — HVA scheme tiers
- NHVR — Issuing a notice
- WWTG interview with Belinda Hughes and NHVR written responses of 23 September and 7 October 2026