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NHVR taken to task on compliance and enforcement consultation

State bodies critique national regulator over consistency in approach

 

The National Heavy Vehicle Regulator (NHVR) has come in for some harsh criticism over how it is handling industry input into the draft National Compliance and Enforcement Policy (NCEP).

South Australian Road Transport Association (SARTA) executive director Steve Shearer has told his members an official copy of the draft promised nine days ago ahead of the NHVR Industry Reference Forum (IRF) meeting had not been forthcoming for comment.

This came despite “previously unheard of” Industry Technical Group (ITG), comprising eight respected operators but no official state industry representatives, having been given sight of it, while a version had been shown to SARTA that it says was “not for comment”.

In a letter to NHVR CEO Sal Petroccitto earlier this week, Shearer complains about the lack of an official copy and an opportunity to comment, despite Petroccitto’s pledge that proper consultation with state industry bodies would take place.

Shearer complains that at the Industry References Forum (IRF) / National Operational Strategy and Policy Advisory Group (NOSPAG) meeting on Friday last week, NHVR regulatory compliance executive director Tony Kursius made plain the IRF members would gain the official copy after comments had been collated.

In the letter, Shearer points out that the and despite NHVR consultation management plan for the policy states that ITG would gain it on August 3 and the IRF on August 10.

On that timeline, comments are to be collated this week, the draft brief is to be signed off by Petroccitto on August 20-24 and approved on August 29, with the national policy to rolled out next month.


Read SARTA’s electronic work diaries rollout concerns here


Queensland Transport Association CEO Gary Mahon, though noting he had been at the periphery of the discussions, also questions the consistency NHVR’s consultation approach.

“Why wouldn’t it be a united circulation for such an important subject?” Mahon tells Owner//Driver.

Mahon would also like more time for state organisations to consider the issues.

He would prefer “21 days, or something of that order that’s typical of parliamentary or Senate inquiries”, to formulate substantive comment.

In the response to Shearer’s initial letter, the NHVR says it was understood that “senior NHVR representatives, Tony Martin, Paul Simionato and Robbie Wilson” met with him to discuss the draft policy and provide him with an advanced copy.

A number of transport operators were consulted and industry views obtained in conjunction with the development of the draft policy. 

“Jurisdictions and police agencies have also been consulted in the development process and the latest draft has now been forwarded to the below Industry Technical Group for their consideration and comment,” the response reads. 

“Once the comments of the Industry Technical Group have been received and considered, the revised draft will be forwarded to members of the Industry Reference Forum for their information and comment where considered appropriate.”

Asked for a response, NHVR spokesperson Andrew Berkman is consistent with that line.

“Three senior compliance officers met with SARTA on August 8 to discuss the draft policy,” he tells Owner//Driver.

“We have committed to consult with all sectors of the heavy vehicle industry over a number of rounds.

“The NHVR looks forward to receiving feedback during the consultation process.”

Comment has been sought from the ATA, which is understood to have some similar concerns, and other state industry bodies.

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