Which Way To Go

Transport law, news & explainers

Independent Australian transport journalism and plain-English reference guides built from primary sources.

WWTG section

Law & Duties

  • 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.

  • 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.

  • 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.

  • 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…

  • 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.

  • What does the NHVR do?

    The National Heavy Vehicle Regulator administers and enforces the HVNL in participating states and territories and provides national access, accreditation, compliance and safety services.

  • What does the NTC do?

    The National Transport Commission is Australia’s transport-reform adviser, developing and maintaining model national land-transport laws and policy reforms for governments to consider and implement.

  • What are HVNL codes of practice?

    An HVNL code of practice is guidance issued by the NHVR that a court may use as evidence of what was known about a hazard, risk, assessment method or control at the…

  • What is the Executive Due Diligence Duty?

    An executive of a legal entity with a heavy-vehicle safety duty must exercise due diligence to ensure the entity complies with that duty.

  • What is the Primary Duty under the HVNL?

    Primary duty requires each party in the Chain of Responsibility to ensure, so far as is reasonably practicable, the safety of its transport activities and to avoid causing or encouraging another person…