The regulations governing road transport across Sydney and Australia are complex, with mistakes and non-compliance leading to severe penalties and costly disruptions. Hughes Law provides representation for all parties facing regulatory offences as well as tailored transport law advice for those operating in the transport industry.
Facing a Transport Law Challenge?
We represent individuals, small business owners, and large corporations operating in the complex and highly regulated road transport industry. Drawing from experience as a criminal defence lawyer and the former Head of Prosecutions for Transport for NSW (TfNSW) and the National Heavy Vehicle Regulator (NHVR), principal Belinda Hughes provides invaluable insight and representation for a range of transport law issues.
Our services include:
- Traffic and driving offences: Expert representation for drivers and businesses facing traffic and driving offences, including mass offences, dimension offences, load offences, fatigue offences, CoR offences, and licence appeals.
- Licensing and accreditation support: Guidance through the complexities of obtaining and maintaining various transport licences and accreditations, including those for dangerous goods and heavy vehicle accreditation schemes (like NHVAS).
- Heavy vehicle operation and regulation: Advising on rules for driver licensing, vehicle registration, road safety, accident liability, and heavy vehicle operation and regulation under the Heavy Vehicle National Law (HVNL).
- Incident response and investigations: Assisting with investigations following transport incidents, including regulatory inquiries by the National Heavy Vehicle Regulator (NHVR) and TfNSW.
- Workplace Health & Safety: Advising on workplace health and safety compliance within the transport industry, specifically addressing risks associated with vehicle operation, fatigue, and loading.
- Commercial transport agreements: Contracts for carriage of goods, freight forwarding, logistics, warehousing, and supply chain management.
- Dispute resolution and litigation: Representation in negotiations, mediations, arbitrations, and court proceedings for disputes related to freight claims, contractual breaches, insurance matters, and regulatory prosecutions, including those brought by the NHVR or other regulatory bodies.
The Heavy Vehicle National Law and the National Heavy Vehicle Regulator
A cornerstone of road transport law in Australia is the Heavy Vehicle National Law (HVNL). This is a unified legal framework that applies to heavy vehicles (generally those with a Gross Vehicle Mass over 4.5 tonnes) across most Australian states and territories, including New South Wales. The HVNL aims to enhance safety, efficiency, and environmental performance in the heavy vehicle industry.
Key aspects of the HVNL include:
- Chain of Responsibility (CoR): The CoR extends legal duties for safe heavy vehicle operations to all parties in the supply chain, not just the driver or operator. This can include consignors, consignees, loaders, and schedules. All parties have a primary duty to ensure, so far as is reasonably practicable, the safety of their transport activities relating to the vehicle. The primary duty is proactive and non-delegable, expressed as a duty personal to each party in the CoR. Failing to comply with the primary duty creates a safety risk and triggers offences.
- Fatigue management: Strict rules govern driver work and rest hours to prevent fatigue-related incidents.
- Mass, dimension, and loading: Regulations are in place to ensure vehicles are loaded safely and do not exceed permissible weights and dimensions.
- Vehicle standards: Requirements for vehicle maintenance and roadworthiness.
- Accreditation schemes: Voluntary schemes that help operators demonstrate compliance with safety and other standards.
The legal landscape of transport law is complex, and dealing with infringements, prosecutions, or disputes can be daunting. Hughes Law helps clients understand their obligations under the HVNL and navigate the requirements set by the NHVR. We provide clear communication with strategic advice and representation for a range of transport law matters.
For legal help and guidance, call 0422 388 370 or email [email protected].
Get in Touch
Whether you need legal advice for your business or personal matters, our team is ready to assist you. Contact us today to schedule a consultation.