The end of demeaning slogans on vehicles in WA

The McGowan Government will introduce legislation to ban offensive, sexist and demeaning slogans from vehicles on Western Australian roads.

The proposed changes to the Road Traffic (Vehicles) Act 2012 will allow vehicle licences to be cancelled or refused

loudly and being offended with anything that could be deemed against their political agenda we wonder where this will lead and ‘who’ decides what is offensive or not? Many companies and operators name their trucks. Some of these names could be deemed as offensive to some and will this legislation open the gates for the transport H ave you checked if your pilot or escort vehicle driver certification is still valid, especially if you are Should Western Australian truck operators who choose to name their trucks, or put personal signage and slogans on them, be concerned? working interstate? Pilots and escort drivers are required to maintain a valid license or certification, specified by your state or territory. If you are a pilot or escort driver working interstate, it’s also important you understand how your license or certification is mutually recognised. While the Heavy Vehicle National Law (HVNL) does not regulate pilot and escort certification, the NHVR can issue an infringement notice to the driver of an oversize vehicle for not complying with the conditions of the permit, such as a certified pilot or escort. The NHVR has released an updated information sheet, which gives you an overview of the current pilot and escort requirements for your jurisdiction. To download the information sheet visit www.nhvr.gov.au.

www.nhvr.gov.au

Providing permit copies to pilot and escort vehicle drivers Some access permits require the relevant heavy vehicle to be accompanied by pilot or escort vehicles. This information sheet explains why the heavy vehicle operator must provide a copy of their permit to any pilot or escort vehicle driver accompanying them. Chain of Responsibility responsibilities Under the Heavy Vehicle National Law (HVNL), heavy vehicle operators have a primary duty to ensure the safety of their transport activities, so far as reasonably practicable. This requires them, among other things, to share information about the movement, including the route and permit conditions, so all vehicles and drivers involved in the movement can coordinate their actions. 1 of 1

The HVNL has specific requirements for heavy vehicle operators accompanied by a pilot or escort, and for the pilot and escort vehicle drivers themselves. • The pilot or escort vehicle driver must comply with the conditions of the exemption about the use of the pilot or escort vehicle.

The heavy vehicle operator must ensure the pilot or escort vehicle driver complies with the conditions of the exemption.

• A pilot vehicle driver must not accompany a heavy vehicle on unapproved routes, outside of permitted hours or with fewer than the required number of pilot and escort vehicles. Penalties apply for contraventions of these HVNL requirements. The legislative provisions are included in HVNL sections 130 and 131. Sharing exemption information with pilot and escort vehicle drivers The NHVR issues exemption permits to operators, and not to pilot and escort vehicle drivers. This means that pilot and escort vehicle drivers cannot comply with their obligations unless the heavy vehicle operator tells them the conditions of the exemption. The heavy vehicle operator cannot comply with their obligations unless they provide the exemption information to the pilot or escort vehicle driver. The best way for an operator to provide the information is to give the pilot or escort driver a full copy of the permit. If the exemption is based on a gazetted notice, the operator should indicate which notice is relied on. Which exemptions does this apply to? The responsibilities described in this information sheet apply to any exemption that has a condition requiring a pilot or escort vehicle, whether it be an: • NHVR permit granting access to a Class 1 or Class 3 heavy vehicle or • NHVR notice granting access to a Class 1 or Class 3 heavy vehicle. Note: A Class 1 permit or notice may also incorporate conditions from Schedule 8 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. The NHVR recommends that heavy vehicle operators always provide pilot and escort vehicle drivers with copies of their NHVR permits or notices, as well as any other relevant information. An operator who fails to provide the information to a pilot or escort vehicle driver who accompanies them risks committing an offence under the HVNL. This applies even if the pilot or escort vehicle driver hasn’t requested the information. Best practice is to provide the same information to any other parties involved in the movement, and to provide the information to all parties at the earliest opportunity.

Visit:

www.nhvr.gov.au Subscribe: www.nhvr.gov.au/subscribe Email: info@nhvr.gov.au Phone: 1300 MYNHVR* (1300 696 487)

*Standard 1300 call charges apply. Please check with your phone provider. © Copyright National Heavy Vehicle Regulator 2021, creativecommons.org/licenses/by-sa/3.0/au Disclaimer: This information is only a guide and should not be relied upon as legal advice.

if vehicles display offensive material.

Similar legislation has been introduced across other States including Queensland, Tasmania, New South Wales and the Australian Capital Territory.

Since 2008, more than 70 complaints against Wicked Campers have been upheld by Ad Standards Australia.

The Transport Minister's Office and Women's Interests Minister's Office have both received numerous letters asking for Wicked Campers and their offensive slogans to be banned.

Upon investigating the slogans on Wicked Campers vehicles, WA Transport Magazine can well understand ‘why’ anyone would be offended, however in the current climate of ‘the minority speaking industry to be targeted?

Cabinet has approved the legislation to be drafted and this will be introduced to Parliament later this year.

Should Western Australian truck operators who choose to name their trucks, or put personal signage and slogans on them be concerned particularly in this day of ‘identity politics, cancel culture, and widespread accusations of racism?

What could be perfectly innocent such as the reference to a particular animal based on the engine brand could be perceived as offensive.

We will have to wait and see, however it is concerning that the actions of one company have affected a law that will affect everyone.