Uncertain roads ahead: an update on the Heavy Vehicle National Law amendments

There is no doubt that there are uncertain times in road transport activities with the ongoing enforcement of Heavy Vehicle National Law (HVNL) for all Parties in the Chain of Responsibility, broader economic pressures, fuel price uncertainty, and the application of the Road Transport Contractual Chain Order.

Proposed amendments to the HVNL are due to commence on 1 July 2026 and represent a fundamental shift away from further prescription to proactive and risk-based safety management systems, consistent with the WHS laws on which they are modelled.

Heavy vehicle incidents have increased by 6.6% in 2025 from the previous year and despite heavy vehicles only accounting for about 9% of total kilometres travelled in Australian roads, they are involved in approximately 19% of all national road crash fatalities.

Will the proposed reforms deliver on their promise to improve safety, increase productivity and modernise legal accountability across the Chain of Responsibility?

A review of the HVNL commenced in 2019 with the aim of updating the existing law to improve safety and productivity for Australia’s heavy vehicle sector.

The review process resulted in the development of the Heavy Vehicle National Law Amendment Bill 2025 and the Heavy Vehicle National Amendment Regulations 2025 which passed without amendment by Queensland Parliament on 18 November 2025.

With approximately 6 weeks to go until the amended HVNL is due to commence, the question is:

What do the proposed amendments mean for Parties in the Chain or Responsibility, and will those amendments achieve the intended reforms?

The proposed changes include:

Heavy Vehicle Accreditation (HVA) scheme:

• HVA is transitioning from a prescriptive, compliance based system to a risk-based approach focused on safety management, consistent with other prior amendments to the HVNL and legislation like the WHS laws.
• Introduction of a new tiered accreditation framework: General Safety Accreditation (GSA) and Alternative Compliance Accreditation (ACA) – with GSA being the core accreditation requirement and ACA providing alternative compliance pathways.
• Transitional arrangements for up to 3 years where the existing and new accreditation schemes will run concurrently.
• Replacement of both the existing Basic Fatigue Management (BFM) and Advanced Fatigue Management (AFM) with Alternative Compliance Hours.

Implementation of a Safety Management System (SMS) Standard with five core outcomes being Leadership and Commitment, Risk Management, People, Assurance, Monitoring and Improvement and Safety Systems. The Standard will be ministerially-approved with defined auditable evidence requirements.

Operators must develop an SMS proportionate to the operation's size, complexity and risk. The NHVR will need to be satisfied that an operator's SMS complies with the SMS Standard.

Audits will be required of any operator’s SMS and accreditation requirements under GSA and ACA. It is expected there will be up to three audits for new entrants (entry, initial compliance and compliance) but that requirement may be waived of the operator's SMS is assessed as compliant. There will also be one compliance audit per accreditation period, conducted between 9 and one month before expiry. Operators will also be expected to conduct ongoing internal audits.

Unfit to Drive:

• This is a new safety duty where drivers must not drive if unfit for any reason (physical or mental illness, injury, drugs, alcohol, fatigue). It is focused on identifying physical and psychosocial risks consistent other legislation.
• It is also proposed to include similar provisions to the WHS legislation where drivers will be able to refrain from or stop driving when unfit.

Written and Electronic Work Diaries (WWD and EWD) which will align with the amendments for accreditation, simplified driver record-keeping and incorporating the Unfit to Drive obligations.

Mass, Dimension and Loading amendments:

• General Mass Limits (GLM) updated to align with Concessional Mass Limits (CML);
• Vehicle length limit increased from 19m to 20m; and
• Euro VI concessions expanded to include road trains.

Whilst most of the changes are directed to operators and drivers of heavy vehicles, other parties in the Chain of Responsibility (e.g., consignors, loaders and consignees) need to consider how these changes will impact upon their operations and transport activities.

Further, they will need to be satisfied that when contracting heavy vehicle services, those to whom they contract have appropriate systems and procedures, and that assurance is undertaken to meet HNVL obligations across the Chain of Responsibility.

The National Heavy Vehicle Regulator is conducting workshops throughout May 2026 on the proposed amendments, and has indicated that in the coming weeks, further guidance materials will be released, alongside a national awareness campaign to ensure consistent messaging of the changes.

The views expressed in this article are general in nature only and do not constitute legal advice. Please contact us if you require specific advice tailored to the needs of your organisation.

For more insights from the Kingston Reid team on the workplace law issues facing organisations in 2026, head to our Publications page to access our 2026 Workplace Insights report.