Build Better webinar wrap-up – new Heavy Vehicle Legislation and what it means for the construction supply chain

Recent presentation delivered by Scott Knowles, NSW and ACT Stakeholder Engagement Team  from the National Heavy Vehicle Regulator (NHVR) outlined the most significant changes to the Heavy Vehicle National Law (HVNL) since its introduction. The reforms, passed by the Queensland Parliament in November 2025 and expected to commence mid2026, are designed to modernise heavy vehicle regulation, strengthen safety outcomes and place greater accountability on all parties in the supply chain — not just transport operators.

For the construction industry, where heavy vehicle movements are embedded in daytoday operations, these changes have direct and practical implications.

Construction is a highrisk, highinteraction industry when it comes to heavy vehicles. Deliveries of concrete, steel, plant, formwork, waste and spoil often occur under tight timeframes and complex site conditions. Under the HVNL reforms, any party that influences a heavy vehicle activity is legally accountable for safety outcomes — including builders, principal contractors, project managers, developers and site supervisors.

The NHVR reinforced that responsibility starts well before a truck arrives on site and extends beyond the driver and transport company.

The key takeaways:

1. Stronger Chain of Responsibility (CoR) Focus
   All parties in the Supply Chain must ensure, so far as is reasonably practicable, that transport activities are safe. For construction businesses, this means scheduling, delivery windows, site access, loading arrangements and subcontractor management are all scrutinised as safetycritical decisions.
2. New “Fit to Drive” Duty

A new legal duty expands the existing fatigue rules. Drivers must not operate a heavy vehicle if they are unfit to drive, including due to illness, injury, impairment or extreme fatigue. Importantly, this duty applies to all heavy vehicle drivers over 4.5 tonnes, not just fatigueregulated vehicles.

Construction companies and schedulers must ensure site demands do not indirectly pressure drivers to breach this duty.

3. Mandatory Safety Management Systems (SMS) for Accredited Operators

While not all construction businesses will be accredited operators, principal contractors will increasingly be expected to verify that their transport providers can demonstrate effective safety systems.

Construction businesses should identify risks associated with transport activities and include effective controls are implemented in their SMS.

4. New 2026 Master Code of Practice

The NHVR 2026 Master Code of Practice, providing practical, activitybased guidance for managing transport risks across the supply chain. The Code applies to construction sites, loading zones, depots, and anyone influencing heavy vehicle work, and may be used in court as evidence of what is “reasonably practicable”.

What Construction Businesses Should Do Now:

The NHVR message was clear: CoR compliance is about managing public risk. Construction businesses should:

• Review delivery scheduling, site access and loading/unloading practices
• Ensure contracts and subcontractor arrangements address HVNL and CoR duties
• Confirm transport providers have appropriate safety systems in place
• Train supervisors and project teams on CoR responsibilities
• Use the 2026 Master Code as a practical riskmanagement guide

Key Takeaway

The HVNL reforms represent a shift from prescriptive rules to outcomesbased safety accountability. For the construction industry, this means heavy vehicle safety is no longer just a transport issue — it is a core business risk that must be actively managed across planning, procurement and site operations.

MBA ACT members are encouraged to familiarise themselves with the reforms ahead of their commencement in 2026 and seek guidance where required.

View the recap

For questions about your work, health and safety obligations, contact the Workplace Relations Team:

📞 (02) 6175 5900
📧 workplace@mba.org.au