Heavy Vehicle National Law Reforms – Changes to Accreditation, Safety Standards, Audits and Fatigue Management

The Heavy Vehicle National Law (HVNL) applies for heavy vehicle operations across Australia, excluding Western Australia and the Northern Territory.

‍The Review of the Heavy Vehicle National Law and Upcoming Changes

‍A review of the HVNL, led by the National Transport Commission (NTC), commenced in 2019 and aimed to update the existing law to improve safety and productivity for the heavy vehicle sector. The proposed amendments to the HVNL (the Heavy Vehicle National Law Amendment Bill 2025 (Qld) and the Heavy Vehicle National Amendment Regulations 2025 (Qld) (Amendments) passed Queensland Parliament on 18 November 2025 and are expected to commence 1 July 2026 with no grace period regarding breaches of the reformed HVNL.

‍The Heavy Vehicle Accreditation (HVA) Scheme

‍The current iteration of the industry wide accreditation program, the National Heavy Vehicle Accreditation Scheme (NHVAS) is being replaced by a two-tier scheme; the Heavy Vehicle Accreditation (HVA) consisting of General Safety Accreditation (GSA) and Alternative Compliance Accreditation (ACA). There will be a period of up to three years for which the NHVAS and the HVA schemes will run concurrently. Service Operators will be able to elect to move to the HVA early or to wait until the expiration of their current accreditation however, new NHVAS accreditation will cease 30 June 2026.

‍Safety Management System (SMS) Standard

‍Part of the HVA is a new SMS Standard. The proposed Standard focuses on key outcomes, including leadership and commitment, risk management, people, assurance, monitoring and improvement and safety systems. Service providers should be aware that each heavy vehicle operator must develop an SMS proportionate to the size, complexity and risk of their specific operation.

‍Audits

‍The proposed reforms also include specific mechanism for auditing, the National Audit Standard (NAS). Under NHVAS, audits focus on specific modules (Mass, Fatigue and Maintenance). Under the HVA scheme, operators are audited against a whole of business SMS. In practice, the NAS will allow for up to three audits for new entrants (entry, initial compliance and compliance). Initial compliance may be waived if the operator’s SMS are present, suitable, operating and effective (PSOE) at entry audit. The NAS will enable impartial audits of SMS and accreditation requirements under GSA and ACA; with one compliance audit per accreditation period, conducted between nine and one month/s before expiry. Operators are expected to conduct ongoing internal audits and maintain evidence to support regulatory assurance.

‍Unfit to Drive

‍A new, express prohibition on driving while unfit, separate from the existing prohibition on driving while fatigued, will take effect from 1 July 2026. Under the Amendment, section 228(1) of the HVNL will be revised to provide that a driver must not drive while fatigued or otherwise “unfit to drive”. Although “unfit” is not defined, it is intended to capture a broader range of circumstances, including those identified by the National Heavy Vehicle Regulator, such as physical illness or injury, mental health conditions, substance use, and any other factors that may impair a driver’s ability to operate a vehicle safely.

‍Written and Electronic Work Diaries 

‍The obligation for drivers to keep a Written or Electronic Work Diary will be reformed. There are several changes regarding work diaries; these range from minor updates to definitions of terms, to the simplification of drive record keeping and enforcement of the unfit to drive prohibition.

‍Mass, Dimension and Loading

‍There are four main proposed changes that relate to heavy vehicle mass and size. These are found in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation Amendment 2025 (Qld) and are as follows:

(a) lifting of General Mass Limits (GML) so they match current Concessional Mass Limits (CML), raising standard allowable weights and removing the separate CML category;

(b)  extending Euro VI steer‑axle mass concessions to road trains;

(c) certain common truck and trailer combinations will have their maximum length increased from 19m to 20m; and

(d) changing the tag‑trailer tow‑mass rule, combined with new safeguards to ensure adequate weight remains on the steer axle for safe handling.

HVNL Branding

New branding for HVNL guidance issued by the NHVR will be rolled out on commencement of the amendments to make it clear whether the guidance related to the old or new HVNL or is transitional in nature.

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Contacts 

Adam Martin
+ 61 3 9119 2585
adam.martin@nortonwhite.com

Alison McKenzie 
+61 3 9119 2535   
alison.mckenzie@nortonwhite.com

Renay Sumercan
+61 3 9119 2584
renay.sumercan@nortonwhite.com