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Update on national regulators


File photo - courtesy of ATSB.
National Rail Safety Regulator
 
The NTC is preparing to begin a nation-wide, public consultation process in March as it currently finalises its Rail Fatigue Risk Management- Hours of Work and Rest Draft Regulatory Impact Statement (RIS).
 
The draft RIS explores the impacts, costs and benefits of the options for further regulating the hours of work and rest of rail safety workers. It examines existing state-based approaches and also regulatory options that put into practice advice provided by the Fatigue Expert Panel and academic experts (the Fatigue Academic Working Group).
 
“Substantial progress was made in developing fatigue risk management provisions in national law over the past two years,” said NTC chief executive Nick Dimopoulos
 
“The RIS has been developed following extensive consultation and is based on the best available evidence provided by industry, regulators and experts.”
 
“We’re looking forward to releasing the RIS for public comment and further canvassing views on the options outlined in the paper.”
 
The NTC will provide details of the upcoming consultation sessions on its website soon.
 
In other NRSR news, the National Law is scheduled to be submitted to the South Australian Parliament later this month. The NTC is also continuing to work on outstanding maintenance issues such as data loggers and train communications.
 
National Heavy Vehicle Regulator
 
The National Heavy Vehicle Regulator is well on the road to being operational by 2013, following the approval of the law to underpin the regulator by the Standing Committee on Transport and Infrastructure (SCOTI) last November.
 
The NTC is currently working with the National Heavy Vehicle Regulator Project Office and stakeholders to prepare a second Bill to resolve several issues raised by industry and government during consultation on the law.
 
These issues include changes to the Performance Based Standards (PBS) scheme and national penalties.
 
A PBS Regulation Impact Statement (RIS) was submitted to SCOTI for vote last December, which proposes a number of changes to the scheme, including:
  • Moving to a system of national vehicle assessment and access decisions for PBS vehicles utilising the new National Heavy Vehicle Regulator (previously operators would have to negotiate access with each road manager).
  • Developing a system of modular assessment for PBS combination vehicles to allow operators to use a range of prime-movers in front of the trailer as long as they have been PBS approved to match the trailer specifications.
  • Offering the option for manufacturer self-certification, which will remove the requirement for manufacturers to employ a third party to certify each vehicle.
If approved, the NTC will begin developing drafting instructions for the Office of Queensland Parliamentary Council (to start presenting in March).
 
The NTC also sent a draft discussion paper on penalties to governments last December to seek preliminary feedback on options for developing a consistent set of national penalties for every offence in the Heavy Vehicle National Law. Feedback from governments is currently being considered and will inform further refinements of the paper ahead of its targeted consultation.

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