Four key statutory instruments have been released by the National Heavy Vehicle Regulator (NHVR) and the National Transport Commission (NTC) to support transport operators in complying with the safety related changes to the new Heavy Vehicle National Law (HVNL) which will commence on 1 August 2026.
The legislative changes were passed in November 2025, and include extending the duty to “not ask, direct or require (directly or indirectly) a fatigued worker to drive a truck” to include “unfit drivers”. The new law also applies the requirement to all HVNL regulated heavy vehicles of 4.5 tonnes – up from the previous threshold of 12 tonnes.
Other changes ushered in by the new laws include:
- A new rule requiring employers (who must be accredited through the National Heavy Vehicle Accreditation Scheme) to implement safety management systems that:
- identify public risks associated with their transport activities and the driving of heavy vehicles
- assess the seriousness of any identified public risks, and
- specify the controls to be used to manage and mitigate the identified public risks.
The newly released statutory instruments are the:
- Safety Management System Standard 2026;
- National Audit Standard for Heavy Vehicle Accreditation;
- Ministerial Guidelines for Heavy Vehicle Accreditation 2026; and
- Ministerial Standard for alternative compliance hours.
The NHVR has also released new guidance on the regulations against unfit driving and plans to publish further guides ahead of August.
"The HVNL reforms reflect an important shift in how the system operates, as we move away from a purely compliance-driven approach, towards a stronger focus on risk-based safety management and delivering safer outcomes," NHVR CEO Nicole Rosie said upon the release of the statutory instruments.
Read more: Unfit to Drive | NHVR