View the feedback we have received on the Heavy Vehicle National Law statutory instruments consultation paper.

• Do you have any feedback specific to the draft Safety Management System (SMS) Standard or the accompanying Schedule 1 – SMS Evidence Requirements?

  As an auditor I am concerned at the requirements durig an audit to confirm an Operators SMS is present, Suitable. Operating and Effective. An auditor does not detailed knowledge about the business operations or activities to confirm the SMS. This will require the operator to conduct due dilligence on the operator to gather such information about the business, which will take the audit to a whole different level. If the operator has a motor vehcile accident and the auditor is subpoenaed and questioned as to why there was not more information available for eaxample in the operators risk register which may be relevant to the incident. The auditor cannot predict any fuiture incidents.We have no guidelines to assess PSOE for Leadership & Committment, Risk management, People and assurrance and continous improvment. What training does an auditor need to undertake to complete such an assess,emt?

• Consultation question – General

  Agreed

• Consultation question – Section 4

  No issue with this

• Consultation question – Section 4(b)

  I believe a driver should be allowed to schedule a split rest break, I constantly challenge drivers as to where they will be taking their rest breaks, not thought about it is the general response, we need to focus on a drivers restbreaks not just the driving task. Having them consider a split rest break may increase this focus on discusiing and planning such rest breaks.

• Do you have any feedback specific to the draft Ministerial Guidelines for Heavy Vehicle Accreditation?

  We have no details on the requirements for how an auditor will satisfy the POSE requirementS for a SMS. The audit requires an evalution of the risk register to seven identified principles, this will be highly subjective and can be biased in outcome. We will need a more comprehensive outline to assist operators who seek accreditaion in establishing General Safety Compliance and then Alternative Compliance Requirements. Without this information there is going to loss of intent to proceed with future accreditation

• Do you have any feedback specific to the draft National Audit Standard (NAS)?

  Is it possible for an auditor to complete an enry audit and then the initial compliance audit, as the first adudit is to confirm documentation is in place and the initial compliance audit confirm opertor activity supports the procedures required, The skill required to assess the five SMS standards for auditors? The need for the audit to be conducted thoroughly, accuratly and truthfully is going to require a due dilligence process which is currently not identified. The NHVR needs to commit to a regular internal review of audits to ensure auditor accuarcy and bias is being addressed. Being able to determina an audit duration will be difficult due to the requirements to audit due to the shift in audit from being risk based to now being a focussed outcome. ie the need for the PSOE method. The requirement to report on the Standardistion and Level of detail, will require far more detailed investigations. Having to follow up with Opertors to enuse nonconfromances are closed out within three months creates another work load for the auditor.

• Do you have any feedback specific to the draft Ministerial Standard for Alternative Compliance Hours?

  Each business is going to have to do far more work in detailing there operations to satify this requirement. Every trip will require a journey plan and a risk assessment, while repetition is possible there will be operators who have multiple activities and delivery locations which will require far greater activity t ensure compliance. The risk classification will be complex for many opertors and suditors will need to assist the opertors and ther staff, what training will be provided to assit in completing this Risk Classification Matrix?