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 Owner Driver, I do not think I would be able to establish and implement an SMS which complies without considerable cost and effort. In comparison to what is currently required for accreditation, this seems like a lot of work for no extra benefit or improvements in how I do things day to day. It seems like it would only increase the administrative burden in my business.

• Consultation question – General

  I cannot see the Statement of Expectations which is mentioned so difficult to comment without knowing what the expectations are, how well defined they are, and how it is proposed this will be monitored to ensure the outcome of transparency of decision making.

• Consultation question – Section 4

  I have only worked under BFM and this is consistent with the current defence as above. I cannot comment on whether other operators working under AFM would be disadvantaged should their approvals currently allow for less than 7 hours as a split rest and perhaps operators with identified approvals which may be affected should be directly contacted for feedback.

• Consultation question – Section 4(b)

  It is not clear enough when a split rest could be used. It says it can be used by a driver to manage problems with sleep, unforeseen circumstances or emergencies. So, this seems like a split rest can be taken for any of those reasons, not just that the driver couldn’t sleep. So, if a trip is planned on the basis that there is time for a 7 hour break but then there is an unforeseen circumstance (such as an accident causing delays), does this mean a split rest could be taken as it was not planned or scheduled and would not be occurring other than the accident as the unforeseen circumstance? How will split rest breaks be enforced? Will it come down to a driver’s word that the only reason for the split rest was due to an acceptable reason? The reason for taking a split rest might be difficult to verify to an enforcement officer if asked on the side of the road. Defining this more clearly would be beneficial for everyone.

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

  The Transitional Arrangements are not clear for understanding how I would be able to move to the new system of accreditation without any lapse in the benefits. It mentions that AFM will convert into Alternative Compliance Hours, but it seems there won’t be an easy transition across from BFM.

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

  The one auditor rule will mean I will have less control over who I engage as an auditor. I might have to pay more for audits not having the choice of using the auditor closest to me because they have already completed one.

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

  This is hard to understand. While it clearly shows the maximum work allowed will be 15.5 hours and the minimum continuous rest will be 7 hours, I am confused about what I would need to do to have an equivalent approval to what BFM is currently or something similar with only minor variations.