Heavy Vehicle National Law changes introduced to parliament

After years of debate and deliberation, the first recommended changes to the Heavy Vehicle National Law (HVNL) have been introduced to the Queensland Parliament by the state’s Minister for Transport and Main Roads, Brent Mickelberg.

As host jurisdiction for the HVNL, the legislation needs to be enacted in Queensland before it can be applied by other participating states and territories.

The Heavy Vehicle National Law Amendment Bill 2025 implements recommendations of the National Transport Commission through the HVNL Review, which have been endorsed by the infrastructure and transport ministers.

According to the explanatory notes, the bill amends the HVNL to provide:

  • An enhanced accreditation framework to improve safety that requires operators to have a Safety Management System and that broadens the types of accreditations that the National Heavy Vehicle Regulator (Regulator) may grant.
  • A new duty to be fit to drive, which will improve road safety and be combined with the existing duty not to drive fatigued and apply to all heavy vehicle drivers regulated by the HVNL.
  • An improved code of practice framework that simplifies the process to make new code of practice and shifts responsibility for development and approval to the regulator.
  • New ministerial direction and approval powers that support the changes to the accreditation and code of practice frameworks and provide an appropriate balance of regulatory discretion and ministerial oversight.
  • Improved governance arrangements that will modernise the operation of the regulator board and provide for responsible ministers to approve a Statement of Expectations for the regulator in the exercise of its functions.
  • Improved enforcement arrangements that remove regulatory red tape, particularly for fatigue management record keeping and the issue of notices.
  • Amended penalty amounts to deliver proportionate outcomes without reducing deterrence or increasing road safety risk.
  • Moving prescriptive detail and offences into regulations to simplify the law and allow for more flexible risk-based obligations.
  • Consequential amendments to Queensland law where it duplicates a section of the HVNL.

Mickelberg said the Bill would provide operators with more flexibility in how they can demonstrate compliance with prescribed requirements such as fatigue management work and rest hours or general mass limits.

“This approach will be achieved through the introduction of an enhanced accreditation framework. This framework strengthens the National Heavy Vehicle Accreditation Scheme by requiring operators to implement a safety management system, commonly known as an SMS, that is scalable to their organisation and operations,” Mickelberg said.

He said the legislation would expand the use of formal cautions and warnings.

“This is particularly important when dealing with minor breaches such as clerical work diary errors,” he said.

The bill was referred to the State Development, Infrastructure and Works Committee for detailed consideration.

The committee has invited submissions on any aspect of the bill from all interested parties. The deadline is midday, September 16. To make an online submission, click here.

The committee has also scheduled a public briefing on the legislation by officers from the Department of Transport and Main Roads on Wednesday, September 17, and a public hearing in Brisbane on Wednesday, October 1.

The committee is due to table its report on Friday, October 17. Once the committee’s report has been tabled, the government has three months to respond to the report’s recommendations (if any).