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LRTAWA – Do we need transport regulation if it is not enforced?

LRTAWA by David Fyfe, President, Livestock and Rural Transport Association of Western Australia (Inc)

Do we need transport regulation if it is not enforced?

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Policy makers try to convince us of the need for more and more regulation on the basis of correcting market failure. In the transport arena we are told regulation will make the system safer and operators will gain a level playing field. However, both of these noble objectives amount to nothing if the regulations are not equally and fairly enforced.

The question that has to be asked is ‘why have the laws if they are not going to be enforced?’

Compliance with the myriad of regulations applying to heavy vehicles in Western Australia comes at a cost to transport companies either in direct costs or through the impact on productivity and efficiency.

These costs are willing borne if every other transport company is carrying the same burden. If they are not carrying the same compliance burden, compliant operators expect them to be held accountable by the relevant authorities. This is the case whether we are talking about transport laws or any other commercial sector. It is unfair and anti-competitive if operators who consistently and repeatedly thumb their nose at the rules are allowed to continue to gain an advantage against their compliant competitors.

What are the options left for the majority of transporters who try to do the right thing?

Should they break the rules to compete as well? Obviously the LRTAWA does not support or encourage anyone to flout regulations but many of our members are becoming increasingly frustrated trying to compete with the minority that repeatedly don’t tow the line.

This frustration is amplified by the knowledge that the ‘wrong doers’ are not brought to heel by Main Roads even when the breaches are happening on a regular basis, in full view and over a long period of time.

The reasons for this lack of action are hard to fathom. It may be there are not enough resources. If this is the case the WA Government should address the issue and provide the funds to adequately enforce the rules.

If the answer lies in a lack of expertise, this too can be addressed. At the end of the day, if the rules are necessary, they should be enforced. If they can be overlooked for a long period of time, then there is an argument they are not needed and their continuing existence should be reviewed.

Time to lead not follow

When Australia moved to a national heavy vehicle system in 2013, Western Australia proudly stood out from the crowd.

We were leaders in heavy vehicle regulation with an innovative department that showed a willingness to make decisions that supported efficiency and productivity whilst at the same time keeping an eye firmly on the safety objective.

Fast forward a decade and we are in danger of losing the edge.

It would be a shame to allow this to happen because there are still important aspects of our system we need to maintain - the two obvious areas being fatigue management and our RAV system that largely overcomes the need for individual

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