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The new ‘unfit to drive’ duty is now in force—what does it mean for operators?
Since 1 August 2026, the HVNL’s unfit-to-drive duty has applied to drivers of all heavy vehicles over 4.5 tonnes—not only fatigue-regulated vehicles—and Chain of Responsibility parties must not cause or encourage unsafe driving.
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The transport document many operators have never heard of – the Heavy Vehicle Industry Master Code
The Heavy Vehicle Industry Master Code is not legislation and creates no new duty. But it can help a court assess what was reasonably practicable after an alleged breach of the HVNL primary duty.
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The Master Code creates no new legal duties—but it could change how “reasonably practicable” is judged.
The revised Heavy Vehicle Industry Master Code creates no new legal duties, but its expanded, activity-based guidance could shape how courts assess whether transport businesses properly managed risk.
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What is a heavy-vehicle defect notice?
A heavy-vehicle defect notice is an enforcement notice identifying a vehicle defect and the restrictions, repair and clearance steps required before unrestricted use can resume.
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What are the HVNL speed compliance duties?
Drivers must obey applicable speed limits, and businesses must ensure their transport activities, requests and contracts do not cause or encourage a heavy-vehicle driver to speed.
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What are heavy-vehicle roadworthiness and maintenance duties?
A heavy vehicle used on a road must comply with applicable vehicle standards and must not be unsafe, while each Chain of Responsibility party must control the maintenance and roadworthiness risks within its influence.
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How do the HVNL Primary Duty and WHS laws interact?
The HVNL Primary Duty and work health and safety laws operate alongside each other: one focuses on public risk from heavy-vehicle transport activities and the other on health and safety at work.
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What is a heavy-vehicle Safety Management System?
A heavy-vehicle Safety Management System is the documented and operating system a business uses to identify, control, monitor and improve the safety risks created by its transport activities.
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Does the Heavy Vehicle National Law apply in Western Australia?
No. The HVNL does not govern a journey while it is wholly within Western Australia, but WA has its own CoR, fatigue and heavy-vehicle laws, and a WA or NT business can…
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Who regulates trucking in Australia?
Australian trucking is regulated by a network of national, state and territory bodies covering heavy-vehicle law, roads and access, licensing and registration, policing, workplace safety, environment and local-road management.