Australian Trucking Association History

Page 1

Putting safety first A history of the Australian Trucking Association


Putting safety first A history of the Australian Trucking Association


Contents

Contents

4 5 6 10 28 42 60 70

Foreword Introduction Prologue One message, many voices

Chapter 1 Entering the modern world

Chapter 2 Ending the cowboy culture

Chapter 3 Defusing the powder keg

Chapter 4 Spreading the word

Chapter 5 Temporary to permanent

88 96 106 118 128 144 158 174

Chapter 6 A cleaner, safer industry

Chapter 7 Ten years on

Chapter 8 Colonising the ACT

Chapter 9 Getting technical

>> 3 Chapter 10 Breaking new ground

Chapter 11 Framing the future

Appendices Index


One message, many voices

I

It is often the case that those who change history are unaware of the implications of their actions. This was very much the case for the group of four trucking associations who met in an Ansett Airlines hangar at Sydney Airport on 16 November 1989, after a truck and bus crash near Grafton, NSW, had killed 21 people a month before. As the grizzly details of that crash emerged, the nation’s federal and state government transport industry regulators realised they were sitting on a time bomb. It was imperative they reined in a trucking industry that appeared to be out of control.


Prologue

Each of those attending represented a key road

Externally, the industry was under close scrutiny from

transport industry organisation, and most arrived with

regulators, particularly following the Grafton truck and

no clear idea about how the meeting should progress.

bus crash in October 1989.

Yet they all agreed the industry was under threat and that something had to be done to save it. The meeting

At the same time, the national Australian Road Transport

had been called by Peter Rocke, a member of the

Federation, the long established framework that united

road transport establishment and president of the

the state employer associations (which focused largely

Australian Road Transport Federation, following a

on industrial relations issues) was fragmenting in the

number of conversations principally with Kathy

face of challenges from governments, the Transport

Robertson, executive director of the Long Distance

Workers Union and smaller trucking firms dissatisfied

Road Transport Association, Paul Gaynor, executive

with the direction the industry leadership was taking.

director of the National Transport Federation, and Bruce McIver, then president of the Australian Livestock

These pressures were recognised by Peter Rocke and

Transporters Association.

evidenced by the then recent formation of the National Transport Federation and the Australian Livestock

In the late 1980s, the Australian road transport industry

Transporters Association, and the strengthening voice

was subject to intense external and internal pressures.

of the Long Distance Road Transport Association.

>> 7



Chapter 1 Entering the modern world


Putting safety first

Entering the modern world

T 12 <<

To understand what was happening in those hectic

drivers, and then between the truckies themselves.

few months in late 1989 and early 1990, it is necessary to

However, after that first, tense day, the truckies clarified

look at the way the industry was growing, operating and

the issues and published a set of demands that read

being policed at that time. With the benefit of hindsight,

like virtually every other wish list compiled by the road

it is possible to see trends appearing, warnings being

transport industry. As well as the usual fare, such as

ignored and the inevitability of a series of calamities like

improved rates, difficulties with union membership

the Grafton truck and bus crash occurring.

and inadequate back-loading rates, it included specific demands about gross combination mass (GCM) rules,

The 1979 “Razorback Blockade� forced the Australian

road tax and backdated prosecutions for failure to

trucking industry to begin moving into the modern

pay it. It called for uniform weights and dimensions

world. This seminal event commenced when a small

regulations across Australia, which has been a recurring

group of truckies blocked the Hume Highway at

theme ever since.

Razorback between Camden and Picton, just south of Sydney. The five men who initiated it, Colin Bird, Harry Grimson, Jack Hibburt, Ted Stevens and Spencer Watling, took the law into their own hands and parked their trucks across the road. When they began their protest, these guys didn’t even have a list of demands. So, as news of their actions broke, the media arrived and politicians became involved, their lack of a coherent agenda led to confusion, and things soon turned ugly. As other trucks joined this Hume Highway blockade, violence broke out between the police and the truck

<< The media arrived, politicians became involved, their lack of a coherent agenda led to confusion, and things soon turned ugly. >>


Attempts by the New South Wales government to

ABOVE The 1979 “Razorback Blockade� on the Hume Highway just

introduce emergency legislation and remove the

south of Sydney dragged the Australian trucking industry into the

trucks from the blockade followed quickly. However,

late 20th century.

the government held off using its new anti-blockade powers, and the situation was further defused when finance companies were convinced to grant a moratorium on the repossession of trucks for which their owners were behind in their lease payments. legislation at state and federal levels, and new ways Negotiations continued, and eventually a form of

that governments could work with the industry to

compromise was reached. Victoria, South Australia and

keep up with the rapid changes occurring in road

Queensland all agreed to drop the Road Maintenance

transport. State and federal governments realised

Tax, increase GCM to 38 tonnes and set up an inquiry

how powerful the trucking industry could be, and

into freight rates. Eventually, then NSW premier Neville

how dependent the growing Australian economy was

Wran agreed to match those promises and the blockade

on this large constituency of owner-drivers and small

broke up on its ninth day.

haulage companies. Much to the chagrin of many of the owner-drivers involved in the blockade, the Road

Pivotal role in economy

Maintenance Tax was ultimately replaced with an

The disruption initiated the development of new

increase in fuel excise.

>> 13


Putting safety first

After sponsoring an inquiry into the industry in 1983, the

arrangements give operators a positive financial

federal government introduced what it called its “fast

inducement to pit themselves against the system, and

track package” aimed at introducing a national

this has resulted in an invitation to lawlessness that

regulatory framework for the road transport industry.

tarnished the reputation of the entire industry. For any

The initial plan included introducing graduated driver

driver who feels no moral compunction to obey traffic

licensing, increasing the national speed limit for trucks

laws, it is rational to break regulations whenever the

and initiating the Federal Interstate Registration Scheme.

expected costs of being caught are less than the financial benefits of arriving earlier, doing more trips,

In 1984, the National Road Freight Industry Inquiry

speeding, overloading or exceeding driving hour limits.

was launched by Peter Morris, the newly appointed

The rate at which regulations are broken suggests

transport minister in the Hawke Labor Government.

productivity benefits often exceed expected costs.”

In what was to prove a significant step, he appointed a senior civil servant Robert Gunning as secretary of

Hard road to national

the inquiry. Five years later, Robert would attend that

uniformity

seminal ATA foundation meeting in the Ansett Hangar

In the early 1980s, some unions vigorously sought

as executive director of the ALTA.

improvements in pay and conditions for their members and took industrial action against any operators they

14 <<

The inquiry found that “it is accepted without real

believed were breaching the award or employing

comment in the industry that the laws governing

non-union members. This often resulted in black

driving hours are being largely ignored, and the major

bans being declared, which led, in turn, to hearings

enforcement tool in the area of driving hours, the

before the Industrial Relations Commission. Industry

logbook, is largely falsified”. It went on to conclude:

associations were working predominantly in isolation from each other, resulting in governments being

“Changing safety regulations will not improve the

lobbied by a fragmented transport industry with

industry’s safety performance significantly unless it is

varying priorities, and the need for nationally uniform

accompanied by stricter enforcement. The current

regulations being ignored.

Fiction >>

Fact >>

Governments could force drivers to

Drivers continued to drive further distances and

obey the laws governing driving hours

longer hours than legally permitted by falsifying

by making it mandatory for them to

their logbooks and playing any other ruse that

keep logbooks detailing exactly when

came to hand. For them, the financial benefits of

and where they drove their trucks.

doing so made the risk of capture worthwhile.


Chapter 1 >> Entering the modern world

<< Changing safety regulations will not improve the industry’s safety performance significantly unless it is accompanied by stricter enforcement. . . . The rate at which regulations are broken suggests productivity benefits often exceed expected costs. >>

In what would prove to be a turning event, major road

Industry magazine Truckin’ Life reported the case of a

transport companies agreed to work with the Transport

truck driver who, at 40 years of age, had no history of

Workers Union to fund an industry superannuation

heart problems, but was rushed into hospital suffering

scheme which would increase costs in the short run,

from a heart attack. Doctors found that he had taken

and in the longer term open the way for a substantial

450mg of ephedrine in the previous 24 hours. This was

rewriting of the balance of power between the union

by no means an uncommon occurrence, and the case

and the major employers. By and large, medium and

was widely cited to illustrate the growing problem of

smaller road transport businesses felt locked out of

drug use within the trucking industry.

this process and, aside from the intensely debated controversies of that time, one lasting consequence was

“Drivers didn’t worry about driving hours, and fatigue

the establishment of the National Transport Federation,

was not thought to be an issue within the industry,”

initially by a group of regional operators, and the

according to Peter Rocke. “On the main routes, such as

subsequent strengthening of the well-established Long

Melbourne to Sydney, there was a considerable amount

Distance Road Transport Association and the newly

of truth in the public’s perception of the dangerous

founded Australian Livestock Transporters Association.

truck operations. The ‘bitumen Boeings’ were souped up, many with high-speed diffs, especially the rigid

In the turmoil which followed, governments, politicians

overnighters. They were very, very fast. A lot of them

and bureaucrats found it difficult to comprehend the

were company-owned vehicles. If there was any

industry view on critical questions and the industry

policing, it never seemed to make any difference.

was certainly seen to be of little electoral consequence. Meanwhile, the industry associations and unions

“I know that we had high speed rigid vehicles in our

continued to skirmish and regard each other with

fleet at Mayne Nickless working for the overnight

varying degrees of disdain and acrimony. But out on

services we ran,” said Rocke. “Fortunately, the number

the road, the trauma of road fatalities involving heavy

of accidents in which they were involved was minimal,

vehicles continued. In Cairns on 4 February 1987, eight

probably because the drivers were relatively well looked

senior school students lost their lives in a bus and

after. I guess that didn’t happen for every driver. Express

truck accident. In the aftermath, questions were raised

freight was the most profitable part of the industry for

about safety standards in the transport industry and

a long time. It made a lot of profit because a lot of the

safety priorities in the construction of trucks and buses.

customers didn’t understand the costs involved.”

>> 15


Putting safety first

16 <<

ABOVE Rural freight operators had long felt under-represented.

The NTF was formed by a group of VRTA members who

The formation of the NTF gave them an opportunity to

had been unable to convince the VRTA to apply for a

represent themselves.

variation in the TWU interstate drivers’ award. They laid the blame for this decision at the feet of the VRTA’s executive director Phil Lovel, which may explain why Lovel vigorously opposed the VRTA becoming an RTIF member alongside the NTF

Arranging the building blocks By 1987, many of the issues destined to shake the future

The NTF’s CEO was an abrasive young advocate,

of the road transport industry were ready to explode.

Paul Gaynor, who had represented the Confectionery

The year had started with a major dispute between the

Industry Association in an infamous industrial case

Transport Workers Union and truck operators over the

known as the Dollar Sweets dispute. After the dispute

TWU’s superannuation scheme. Earlier, a series of

had been settled, Gaynor was approached by Haset

disputes involving the unions and the industry award had

Sali, a solicitor from Shepparton, Victoria, telling him

precipitated the formation of a breakaway group in the

Haset’s brother, Sam Sali, wanted to start a new

Goulburn Valley, which led in turn to the formation of

transport industry association, the National Transport

the National Transport Federation (NTF) in October 1986.

Federation (NTF).


Chapter 1 >> Entering the modern world

Haset Sali hoped to learn something from what had

“It was obvious these carriers weren’t paying the award

been achieved by Gaynor in the Dollar Sweets affair,

rate, because if they were, they couldn’t have afforded

but ended up inviting him to help found the NTF.

to do the work they did at the prices they were being paid. When we said we were going to turn this award on

“There were four initial members, Fred Borg, Sam Sali,

its head, we upset the associations. There was a lot of

Doug Triese and Coz Roccisano, all from Shepparton,”

up-front, in-your-face friction. I can remember arriving

Gaynor said. “But the NTF grew to 950 members in four

at compulsory Industrial Commission meetings, only

years. Initially the NTF was all about industrial relations.

to have these guys hurling abuse at me until I had to

In those days I would have to deal with at least half a

leave the room.”

dozen black bans and industrial disputes a week. The union was using the award as a blackmailing vehicle.

Bunker Freight Lines had been growing fast during the

Every Friday I would expect union officials to be outside

1980s, picking up line-haul contracts from the larger

one of the large loading depots in Melbourne turning

freight forwarding companies. Ron Bunker had grown

away trucks who could not show union tickets.

the business out of a family company, which he had purchased. The work paid well and the trucks ran fast.

“I had to go down there to remind the union officials of their rights and obligations. It was an ongoing battle.

“The industry associations were mostly run by the freight

The issue of the Interstate Drivers Award went on for

forwarders who needed the association’s protection

seven years. After a couple of years, once the issue of

because they were based in the major cities and were

safety and other issues had become apparent, we

picked on by the unions. I was welcome to join the

started to move into different areas.”

association and pay my fees, but having any input was an absolute no-no. Both the unions and the freight

The regional long-distance carriers, who were growing

forwarders ignored the interstate drivers’ wages.

quickly at that time, felt under-represented. Gaynor said he found little representation outside the cities for

“It got to the point where the official interstate drivers

anyone other than livestock carriers. Large city carriers

wages were in fairyland. There was a standoff between

were uninterested in what was going on in the regions.

the union and us. It all started to get too difficult, so

The formation of the NTF, along with increased union

we decided to join the NTF.”

activism, motivated a lot of rural freight operators to get involved.

As the CEO of the NTF, Gaynor focused mainly on industrial relations issues affecting his membership,

“We were a fledgling organisation, and I was young

but he was also ruffling feathers by making abrasive

and naive, I guess,” Gaynor said. “Industrial relations

comments to the media.

kicked it off, but there was a huge void in the industry. In our industrial disputes we received as much trouble

“The NTF was formed because other groups representing

from the state road transport associations as we did

employers, or operators, didn’t really seem to be doing a

from the union.

very good job. [But] at least they were doing it in a way

>> 17


Putting safety first

that the Shepparton operators considered adequate,”

An important body in the political scene of the time was

Gaynor said in an interview published around that time

the Interstate Commission, which had been reinstated

by Truckin’ Life.

in 1980 to inquire into transport issues arising from Australia’s federal structure. Following Bob Hawke’s

Opportunistic attacks on

election as prime minister, the Interstate Commission

the industry

had been revitalised and charged with investigating

The issue of continuing deaths on the highways was

all matters relating to interstate transport.

gaining momentum and some politicians were starting to use the road safety message and attacks upon an

A meeting of the Transport Industry Advisory Council

irresponsible transport industry to get column inches.

at the end of 1986 had seen the states yet again dismiss

A Truckin’ Life editorial talked about the “politicisation”

the idea of a uniform weight limit throughout Australia.

of road safety and political doubletalk.

At the time, a GCM of 38 tonnes was the legal limit in New South Wales, the ACT and Victoria, while in

“Despite the large amount of research data

Queensland and Tasmania it was 41 tonnes, and in

obtained, both on the Hume Highway and overseas,

Western Australia, South Australia and the Northern

uniform speed limits were rejected by some state

Territory it was 42.5 tonnes. LDRTA executive director

governments, which sounded the death knell

Kathy Robertson described the decision as “a move

for uniform state heavy transport laws,” said the

that’s put the industry back 20 years”.

January 1987 Truckin’ Life editorial. “Road safety

18 <<

was conveniently thrown out the window and into

By the beginning of 1988, all of the states had agreed

the face of the various elements of the sensational

to a uniform 100kph speed limit for trucks throughout

media who would no doubt go to town on the

Australia as of 1 July that year. Ministers in the eastern

‘Killer truckers go 100 clicks’ angle.”

states agreed to creating more uniformity in the

<< On 1 July 1988, Federal Interstate Registration Scheme annual charges increased to $1000 per prime mover, plus $250 for each trailer. If the vehicle operated up to 42.5 tonnes, the charge was increased to $3135. A week later, NSW introduced even higher charges, raising the charge for a seven-axle, 55.5 tonne B-double to $13,390. On 11 July, a group of owner-drivers blockaded the Hume Highway at Yass. The action was led by Wally Gallas, Rob Jones, John Heron, Anthony Wood, Wayne Collinge and Graham ‘Mouse’ Tomkins, all of them ownerdrivers. As a result, around Yass, the Hume Highway ground to a halt. >>


Chapter 1 >> Entering the modern world

logbook rules and setting a maximum number of daily driving hours. Ministers also called on the road freight industry to demonstrate a responsible attitude to the introduction of the new package. In the courts, the NTF was fighting a rearguard action to vary the Transport (Interstate Drivers) Consolidated Award to protect its members from possible legal action. A legal argument ensued between the NTF, the

<< Road safety was conveniently thrown out the window and into the face of various elements of the sensational media who would no doubt go to town. >>

Australian Road Transport Industrial Organisation and the LDRTA about submissions required by the court. By the time the new rules were introduced on 1 July

and several prominent members of the NTF had a

1988, NSW had decided to increase maximum GVM

considerable number of drivers involved.

for a semi to 42.5 tonnes and allow B-doubles to be introduced. At 23 metres in length, B-doubles were

While the ARTF and the LDRTA did not support the

allowed to run at a GCM of 59 tonnes. Increases in

action, they could not be convinced to publicly oppose

GCM at the time escalated pressure from the states

the blockade. They saw it as a chance for them to get

to lift registration charges to pay for the increase in

into a room with a minister under pressure and to push

road wear believed to be caused by trucks.

some of the issues on their agenda. At the same time, the federal government was uneasy about dealing with

As of 1 July, the Federal Interstate Registration Scheme

groups like the NTF, which were known to be volatile.

annual charges increased to $1000 per prime mover, plus $250 for each trailer. If the vehicle operated up to

At a joint meeting on 14 July arranged by Robert

42.5 tonnes, the charge was increased to $3135. A week

Gunning between the then federal minister for

later, NSW introduced even higher charges, raising the

transport and communications, Gareth Evans, ARTF

charge for a seven-axle, 55.5 tonne B-double to $13,390.

representatives Peter Rocke and Justin Gamble, LDRTA executive director Kathy Robertson, and TWU federal

An industry-changing event

secretary Ivan Hodgson, an agreement was negotiated

At around 9pm on 11 July 1988, a group of owner-

and a number of commitments were made by the

drivers blockaded the Hume Highway at Yass. The

minister. The agreement called for:

action was led by six owner-drivers: Wally Gallas,

>> Federal Interstate Registration Scheme fees to

Rob Jones, John Heron, Anthony Wood, Wayne Collinge

be frozen until the following year and be paid

and Graham ‘Mouse’ Tomkins. Around Yass, the Hume

in instalments

Highway ground to a halt. The NTF was not directly involved in the dispute, but its CEO, Paul Gaynor, spent a lot of time on the ground during the blockade,

>> consultation to occur prior to any further registration fee rises >> discussion on all other relevant matters.

>> 19


Putting safety first

Unfortunately, not all of the blockaders got the message

In another sense, the blockade was significant

about these concessions.

historically. It politicised that generation of truck owners and drivers, causing them to get involved

During the Yass Blockade, the government was having

with politicians and legislators for the first time.

formal discussions with the ARTF and the LDRTA while it was also talking directly to the blockaders and Ron

New power-brokers

Finemore got involved in the frontline negotiations. This

Ron Finemore had been involved in industry/

two-tier situation demonstrated the gap between the

government debates since 1974. In 1988, his company

grass roots of the industry and their representatives.

was growing strongly and he had a very high profile. Being appointed to the negotiating team made him

“I was asked by the NTF board to go up to Yass and try

an important cog in the machinery required to grind

and resolve the situation. We didn’t support it, but a lot

out a solution.

of our trucks had been stopped by it,” Paul Gaynor said. “Eventually, I got together with Ron Finemore and a couple of others and we met Andrew Higginson to explain that the communiqués they were issuing were not being understood by the blockaders. We said they needed to be sent back and written in layman’s terms. The minister eventually reworded them and Ron took them back to Yass.”

20 << The mass meeting was presented with the undertakings from the minister. Late in the evening of 15 July, the blockade was ended and the trucks began to roll again. In one sense, this blockade at Yass was another failure. Some changes would be made and some improvements secured, but the underlying problems of the road transport industry and the way it was regulated and run would remain.

RIGHT Some politicians saw the continuing deaths on the nation’s highways as an opportunity for them to get column inches by flogging the road safety message.


Chapter 1 >> Entering the modern world

An industry in disarray

<< In the first nine months of 1988, the number of articulated vehicles involved in fatal crashes increased by 113 per cent. >>

The blockade also caused a great deal of uncertainty and highlighted the absence of united industry leadership. One of the leaders of the blockade, Robert Jones, came away from the events of that July determined to set up yet another industry organisation, an association of owner-drivers to be called the Teamsters Federation.

Another participant in the discussions in Canberra,

The discussions held by Jones in the weeks after the

Andrew Higginson, was also to feature in this history

blockade provoked plenty of truck-stop talk and some

in a significant way. Higginson formed part of the team

consternation in the NTF. This new association did

supporting senator Gareth Evans in the discussions

not need to have its style cramped by the formation

with the drivers’ committee from the blockade.

of a similar radical group.

“I was still in the Department of Transport when the

The blockade also had the effect of reinvigorating the

Yass Blockade happened in 1988,” Higginson recalled.

older, more conservative industry groupings. The ARTF,

“My division head at the time, Bill Upton, rang and said

LDRTA and the TWU had all been involved in discussions

there was a blockade and we were going to Yass. I spent

with transport minister Gareth Evans, and had attempted

the next four days out at Yass acting as a go-between

to bring a less belligerent attitude to the table when

between the blockaders and the government. That’s

dealing with politicians.

when I met a whole load of industry characters. Yass is probably where I got my passion for helping

These groups now realised one of the causes of the

people in the trucking industry,” he said. “I saw all

blockade was the fact that rank-and-file truck drivers and

of these hardworking people being hard done by. They

owner-drivers were dissatisfied with the representation

were trying to get their problems resolved, but the

they were receiving from them. Their members felt

government was building restrictions around them and

they had no choice but to go outside the law in order

nothing was moving forward. I had an empathy with

to have their voices heard.

hard working people. They are good people, and no one was actually helping them get their act together.

The ongoing problems within the organisations became evident a couple of months after the blockade when

“After this, when Jack Evans, who had formed Resolution,

the LDRTA, the NSW RTA and the TWU threatened to

and Robert Gunning, who was a Resolution partner and

resign from the New South Wales Road Transport

acting as executive director of the Australian Livestock

Industry Council if the NTF executive director, Paul

Transporters’ Association, encouraged me to join the

Gaynor, accepted NSW transport minister Bruce Baird’s

fray, I jumped at the opportunity.”

invitation to join the organisation.

>> 21


Putting safety first

<< It is ludicrous for an award to be in place when 95 per cent of its respondents do not, cannot and should not pay the award rate. >> Paul Gaynor, interviewed in Truckin’ Life

In September 1988, at a meeting of the Transport

Tragedy struck that September when one of the original

Industry Advisory Council called in response to the

Yass blockaders, John Heron, died in a crash in his Ford

disruptions caused by the blockade, some concessions

Louisville. His vehicle was hit by another truck travelling

were made. This meeting was the first outing for the

in the opposite direction, which had swerved to avoid

recently appointed minister for land transport and

yet another truck braking suddenly to avoid hitting a car

shipping, Bob Brown, who was to figure in key industry

making a U-turn.

developments throughout the following years. The situation was exposing inadequacies at

22 <<

As had happened so often in the past, the meeting

government and industry association levels that had

called on state and federal ministers to take actions they

been evident for some time. The industry was growing

were unable to perform. Nonetheless, the ministers did

quickly in the absence of proper regulatory control,

respond by promising:

and suffering from mixed messages emanating from a

>> uniform vehicle technical regulations across the

plethora of competing industry associations. Various

states and territories

industry representatives were concentrating on their

>> uniform mass limits and vehicle dimension rules

own small spheres of influence without looking at the

>> uniform enforcement procedures and driver

bigger picture.

licensing arrangements >> to eliminate the permit system where possible.

“As operators, we were interested in industrial relations issues, interstate awards, etcetera, and we would get

These were fine and lofty undertakings, but the reality

involved in them, but as a group,” Denis Robertson

of state-by-state regulation meant they were doomed.

recalls. “We were also interested in subjects like the quality of the roads, getting the weights and measures

Confusion reigned again when the newly formed

regulations right, and all those practical things we felt

Teamsters attempted a nationwide stoppage on

needed to be done.

26 September. The move was widely opposed by the other industry organisations, with the NTF threatening

“We wanted to get the regulators to do a cost-benefit

legal action if its members were prevented “from

analysis when introducing new rules. At that time,

fulfilling their contractual obligations in delivering

whenever they introduced a new regulation or

freight consigned”.

requirement it would cost us more money.”


Chapter 1 >> Entering the modern world

Living in different worlds

By the end of 1988, further warnings and reminders of

After the publication of the latest award for interstate

the ongoing problems in the road transport industry

drivers in 1989, following two-and-a-half years of

had come to light. In the first nine months of 1988, the

negotiation in the Arbitration Commission, the NTF set

number of articulated vehicles involved in fatal crashes

to work to vary it. The huge gulf between the awards

increased by 113 per cent. This coincided with statistics

negotiated between the TWU and the larger companies

being released about speeding trucks, showing a large

that were members of the ARTF, and those being paid

proportion were travelling well in excess of 100kph,

by the majority of operators in Australia, had become

especially in the early hours of the morning. The study

blazingly apparent.

carried out on the Hume Highway at Berrima between 1986 and 1988 had found that 85 per cent of trucks were

“It is ludicrous for an award to be in place when 95

averaging 103kph during the day and 116kph at night.

per cent of its respondents do not, cannot and should not pay the award rate,” said Paul Gaynor of the

Early in 1989, owner operator Bob McMillan used his

situation in an interview with Truckin’ Life magazine.

column in Truckin’ Life magazine to propose the

“The award gives rise to an average wage rate of 23

formation of a national peak body to represent the entire

cents per kilometre, but the industry pays on average

industry and lobby on the major issues affecting it.

16 cents per kilometre. The difference is $13,100 per

Many involved in the wrangles between the different

employee per year.”

associations agreed with his sentiments. In a roadside survey conducted by the magazine, owner-drivers and drivers expressed dissatisfaction with the TWU, the

Myth >> According to the press and some of the

LDRTA and the newly formed Teamsters. By contrast, NTF CEO Paul Gaynor was seen by some of those surveyed to be an effective representative of the industry.

more opportunistic members of various governments around the nation, the blame

Many factors at work

for the high road toll in 1988 lay at the feet

The very high road toll in this period was not simply

of irresponsible truck operators.

a result of irresponsible truck operators. There were other factors involved. Nineteen eighty-eight was an extremely busy year on the roads of Australia. It was the

Reality >> In its bicentennial year, Australia faced the biggest freight task in its history and some

bicentennial year, with celebrations happening around the country. In Brisbane, the World Expo was taking place, and with it came the biggest freight task the nation had ever experienced. In addition, the weather

of the worst weather in recent times. As a

was particularly bad, with a lot of rain causing problems

result, the death figures were likely to be

and increasing risks on the road. As a result, the road

higher than during other periods.

death figures for 1988 may have been higher than they otherwise would.

>> 23


Putting safety first

In that era, industry associations were nearly all

carting hanging meat. This meant we had our share of

industrial relations-based, which reflected the way the

spills, but it also meant we didn’t know what the weight

system worked at that time. If there were problems to

was until we got to the other end. There was a lot of

be resolved, they would be worked out through the

guesstimation on weight. I always remember reading

industrial system.

an article as a boy about Ansett Freight Express and how they ran their freight company like an airline. They

A lack of sophistication and a focus on simply getting

had a very sophisticated maintenance regime where

the task done was prevalent throughout all of the

wheel bearings were replaced after a certain number

trucking industry companies. Earlier in the century, the

of kilometres, etcetera. That always stuck in my mind,

state governments had protected their rail monopolies

so we were always trying to do things that would make

by introducing a strict licensing system limiting the

our job just that little bit safer or easier.

amount of freight transported by road. These controls were gradually loosened by a series of court cases

“In 1979, I lost my brother in a truck accident. He wasn’t

similar to Hughes and Vale v NSW (1954). The industry

working for me at the time. He wasn’t doing anything

had finally worked its way around these original rail

illegal. It was seven o’clock at night and to this day we

regulations and was operating in an almost unfettered

still don’t know what happened. He was 26 at the time,

manner. An ability to remain focused may have been

too young. Seeing anyone lose their life is a tragedy,

the road transport industry’s primary strength, but it

but when it comes so close to home it makes you think.

was also a weakness. Some operators chose to ignore

I wanted to know if there was more we could do to

the regulations governing their work.

sort out these sorts of things. Of course, there were the

24 <<

cowboys and we all knew who they were. The trick was Denis Robertson had run a small company of around

not to be branded with them.

five trucks in the 1960s and ‘70s, growing it to a fleet of 10 by the early 1980s. By the mid-80s, the Roadmaster

“We had got rid of the Road Maintenance Tax following

Haulage fleet had grown to about 20 trailers, with just

the 1979 Razorback blockade, but it came back at us by

four prime movers. Contractors supplied the other prime

1982 and state and federal governments got the money

movers required.

in a different way. I got involved around that time.”

“I certainly liked the industry, but I was concerned about

Locking horns with the TWU

some of the things going on within it,” says Robertson.

One of the Roadmaster contracts at that period

“I can probably say I am ashamed of some of the things

involved working out of the Dorrigo abattoir just

that we asked people to do and that we did. Fortunately,

south of Coffs Harbour. The dominant road transport

nobody got hurt or killed as a result. It was a matter of

operation in this area was Lindsay Brothers, as it is

‘just do your best and try and get there’ in those days.

today. As Robertson got to know Tom Lindsay, he was encouraged to join an industry association. This

“It was pretty much open slather to a large degree, and

led to Robertson joining the New South Wales Road

one of the major difficulties we faced resulted from us

Transport Association later that year.


NSW Traffic Accidents - selected details

Number of fatal accidents involving alcohol

Speed related No fault – articulated vehicle

1986

Number of single vehicle articulated truck accidents

61%

1987 1988

25%

Driver related not speed

13%

Number of single vehicle fatal accidents Study of 16 fatal accidents involving articulated vehicles

Number of fatal accidents involving articulated trucks Total number of fatal accidents Articulated Trucks

Number of occupants of articulated trucks killed

Unspecified

22.9%

Fatigue 0.6% Speed 2.4% Alcohol 1.5%

Total number killed in accidents involving articulated trucks

Speed

27.3%

Fatigue

16.8%

Alcohol

28.6%

Total number killed NSW Road Transport Association

0

200

400

600

“It became very obvious to me they were too close to the union,” Robertson said. “It’s not that I am particularly against unions, but they were advocating

800

1000

1200

Causes of fatal road crashes – NSW 1988

<< Only 4.5 per cent of fatalities on NSW roads in 1988 were caused by articulated trucks. >>

we use the TWU superannuation scheme and not any other. If an operator didn’t use the TWU superannuation scheme, they would put a black ban on the company. I wasn’t comfortable with that and there was a movement against it, and the Long Distance Road Transport Association was part of this resistance. They

their own agenda. Kathy Robertson (no relation), then

called some public meetings and David Pierce, of John

executive director of the LDRTA, telephoned Robertson

L Pierce, was at the forefront of taking on the TWU.”

around this time and asked if she could meet him. As a result of their meeting, Robertson joined the LDRTA.

At the time, the NSW RTA was dominated by the big four transport companies: Ansett, TNT, Brambles and

“At that time, the LDRTA was a really good little group

Mayne Nickless. Robertson discovered that activity in

of operators and Kathy Robertson was a good advocate,”

the refrigerated division, of which he was a member,

Robertson said. “Her primary interest was in industrial

was largely ignored, as the big companies followed

relations cases.”

>> 25


Putting safety first

Three days after this meeting, an accident involving a truck travelling on the Hume Highway at 120kph, in the rain, killed six people. In the aftermath, a Federal Transport Department spokesperson was quoted as saying, “All that work to get the states to agree on a uniform package is likely to go down the drain.” By August 1989, the various safety initiatives were being discussed and argued over. The month also saw the second NTF conference, which was reported to have been the largest in history of the road freight transport industry to that time. Truck speed was again high on the agenda, with members supporting a motion calling for trucks not fitted with a speed-limiting device to be issued with a defect notice. The Australian Livestock Transporters Association had introduced compulsory truck-speed limiters to the national debate some months earlier.

26 <<

<< In short, we are faced, in 1989, with an industry which is correctly perceived by many people as being out of control. >>

Meanwhile, the death toll continued to rise. A 45km stretch of the Hume Highway saw 23 lives lost in seven accidents in the first six months of 1989. These were not all trucking related, but trucks were implicated in many of them. Then NSW transport minister Bruce Baird appeared on TV’s 7.30 Report and Good Morning Australia talking about 70 per cent of trucks travelling the Hume exceeding 100kph and supporting the introduction of compulsory tachographs to monitor

Highway safety

truck speed.

Some progress was being made on the safety front, and at the Transport Industry Advisory Council

StaySafe, NSW’s Joint Standing Committee on Road

meeting in March 1989, a draft code of safety conduct

Safety, had come to the conclusion that “blatant

was presented by the LDRTA, ARTF and the TWU

risk-taking by heavy vehicle drivers terrifies other

for the minister’s consideration. It also became clear

motorists on our major highways every day”. It

at this meeting that some states were considering

also stated, “In short, we are faced, in 1989, with an

reducing the 100kph speed limit for trucks and

industry which is correctly perceived by many people

introducing tachographs.

as being out of control.”


Chapter 1 >> Entering the modern world

The ARTF sponsored a survey into heavy vehicle

If nothing else, these results indicated an industry living

speeds and trip times by Dr Jane Hendtlass. Truck

well outside the rules. Speed limits were routinely

speeds were measured by a hidden speed-radar, and

exceeded by a high percentage of trucks. The records

observers monitored rest behaviour in truck stops

in logbooks were inaccurate, and a third of the drivers

along the way.

surveyed weren’t even recording the breaks they took. The regulations weren’t doing the job they had been

Further along the Western Highway from the site of

designed to do.

the survey, a police checkpoint stopped trucks and recorded their details.

The evidence was mounting. The industry was getting bogged down in internal squabbles, and the road toll was

The survey was underway at the time the Grafton truck

continuing to rise. But all of this safety-orientated activity

and bus crash occurred, whereupon the surveyors were

was brought into much sharper focus early one morning

asked to produce an interim report using the data they

on the Pacific Highway a few kilometres north of Grafton,

had collected to bring some real figures to bear on the

when that southbound truck collided head-on with a

emotional discussions taking place at that time.

northbound coach and 21 people lost their lives.

The survey found that: >> 6 per cent of trucks at night travelled closer to each other than the legal distance >> between 1 and 6 per cent of long vehicles exceeded the speed limit by more than 10kph >> most trucks travelled at between 96kph & 110kph, although speeds up to 138kph were observed >> average truck speeds increased later in the night >> 37 per cent of trucks stopped at one of the main truck stops on the route >> 90 per cent of them had their logbooks checked >> on average, trucks stopped at truck stops for no more than 48 minutes >> trucks that travelled faster through the speed checks tended to spend longer at the truck stops >> 66 per cent of the drivers surveyed had completed their logbooks inaccurately >> up to 33 per cent of drivers who had stopped at the truck stop did not record the stop in their logbooks >> up to 30 per cent greatly overestimated their rest period.

>> 27



Chapter 2 Ending the cowboy culture


Putting safety first

Ending the cowboy culture

W 30 <<

When the driver of that coach saw the semitrailer

Further reports in The Courier Mail quoted police saying

heading straight for him on his side of the road, he took

the driver of the truck had been fined $30 as he had

evasive action, but could not get the coach out of the

travelled north to Brisbane, through Lismore, the

way in time. The truck hit the right hand side of the bus,

previous day for failing to show his logbook, committing

causing death and mayhem as it tore through its interior.

a minor speeding offence and driving on bald tyres. David Hutchins, the truck driver, was also reported to

The coach was carrying 45 passengers and the truck

have driven a load south from Brisbane to Sydney on

was loaded with tinned fruit juice. The accident became

the day before.

known as the Grafton Bus Crash and, at the time, was the worst in Australian road transport history. In addition

Hutchins worked for a small trucking company based

to the 21 people who died, a further 22 were injured.

in Greenbank, Brisbane, run by John Bartusch. He was 34 years old and had moved to Queensland from

Senior Constable Grant Eastes was quoted in The Courier

Greensborough in Victoria to start work with Bartusch

Mail describing the scene that greeted him when he

just four weeks previously. The truck, an International

arrived at 6.30am.

S-line, was hauling a trailer owned by JP Transport loaded with Golden Circle canned fruit on a TNT contract.

“I saw a mangled wreck of twisted metal, the bus, and bodies side-by-side in a temporary morgue,” he said.

After the initial reaction of horror to the appalling

“Most of the injured had been taken away but it took

accident, the political response to the disaster was swift.

a while for some of the bodies to be freed from the

The New South Wales transport minister of the time,

wreckage. It appeared quite early that the semitrailer had

Bruce Baird, called for the immediate introduction of

veered into the path of the bus, but investigations will

speed limiters and tachographs on heavy vehicles.

continue and are likely to take weeks, possibly months.”

He urged the federal government to “stop dragging


its heels” and said the “cowboy culture” on the roads

ABOVE The Grafton Bus Crash – between a coach carrying 45

had to be stopped.

passengers and a truck loaded with fruit juice – claimed 21 lives and was the worst accident in Australian road transport history to that time.

Speed limiters and tachographs Over the following few days, two more truck accidents killed a further four people, three in Bathurst, NSW, and another in Batlow in the south of the state. The federal

A report in The Courier Mail a week after the crash

government and its then transport minister, Bob Brown,

quoted the president of the ARTF, Peter Rocke,

were under pressure to act quickly to curb the worst

supporting the call for speed limiters. He was

excesses of the road transport industry.

supported, in turn, by NTF chairman Haset Sali and ALTA president Bruce McIver.

Five days after the crash, the government announced a plan mandating compulsory speed limiters in new

“The fitting of speed limiters is the central theme of

trucks and the introduction of compulsory tachographs

a package of measures the industry has developed to

if the heavy vehicle accident death toll in New South

directly tackle the major road safety concerns relating

Wales did not decrease by 50 per cent in the next

to heavy vehicle operations,” Rocke was reported to

12 months. It also issued a demand for the death toll

have said. “Australia cannot afford to have an unsafe,

in the other states to be cut by at least 25 per cent.

inadequate road system.”

>> 31


Putting safety first

Less than a week after the accident, the subject of drug

Answering talk-back radio

use also reared its ugly head, with the Australian Medical

Issues were stirred up by an interview of the LDRTA’s

Association calling for random testing for pep pills. In

Kathy Robertson on radio 3DO’s AM breakfast show

the weeks after the Grafton crash the situation became

on 26 October. Apart from joining the call for the

increasingly frenzied. All eyes were on the road transport

introduction of speed limiters, Robertson took the

industry, especially in New South Wales, where a police

opportunity to shift the blame for setting unreasonable

crackdown was turning up defective vehicles and

deadlines from the smaller operators to the larger

further evidence of a badly regulated industry.

organisations who were hiring them. “You go to get a job as an owner-driver, and if you say that you can’t

“The New South Wales roads minister, Bruce Baird, was

make an estimated time of arrival, they say step aside,

determined to start making curb-side regulations which

they’ll find somebody else who can,” Robertson said.

would have been very, very onerous to the operators,” remembers Peter Rocke. “Apart from the political risk

When asked which companies were behaving like this,

there was also the obvious antagonism by the general

Robertson replied, “Well, it starts from the very top,

public towards the road transport industry. They saw

from the major freight forwarders down. They set the

us as irresponsible killers.”

pace. What needs to happen is an overall reform of the industry, so clients who use freight realise that there

There was an obvious need for the entire road transport

must be some time restrictions put on deliveries, so

industry to come out with a clear policy and to try and

that reasonable rest time can be taken.”

re-establish a good relationship with the politicians of

32 <<

the day. They needed to show they were cognisant of

When Peter Rocke, president of the ARTF, telephoned to

the fact there had been a major disaster, and that the

express his views, Robertson asked him why the major

industry had to do something about it.

transport bodies hadn’t met to develop a strategy to combat the bad publicity they were receiving. “Kathy Robertson was using the accident as a political tool to cause trouble amongst the industry by stating that it was a result of the national freight forwarders

Safety Initiative >> To force errant drivers to lift their game, the industry put a 1800 number on the back of trucks and invited people to ring it to report unsafe practices.

taking control of the freight industry and causing the contractors to work excessive hours,” Rocke recalls. “So, as president of the ARTF, I felt it my duty to call her and tell her it wasn’t much use trying to lay the blame on any particular sector of the industry. I said that what we needed to do was to try and improve the situation and have a united voice when talking with governments. Otherwise, we were going to be legislated out of business.


Chapter 2 >> Ending the cowboy culture

<< What we needed to do was to try and improve the situation and have a united voice when talking with governments. Otherwise, we were going to be legislated out of business. >>

Peter Rocke

“We had a difference of opinion, but the final upshot

were all operators. It’s still the same today. If you get

of it was Kathy asking me what I was going to do about

a group of operators in the room, they all agree what

it, and I had to admit that I didn’t know.”

the problems are.

Frustrated by his inability to provide an intelligent

“Back then, we all recognised we needed to get some

answer, Peter Rocke decided to talk to all of the other

influence on the political system. We understood,

organisations involved in the road transport industry.

number one, we had a bad image, which we needed

His plan was to get them together to see if they could

to improve. We knew we had to educate the industry

craft a solution.

to improve its behaviour, and we had to convince the public that we weren’t bad.

“We needed to give the government some reassurance we weren’t an irresponsible group of people out there

“At that time, the laws were being made by the side of

seeking to kill and maim everybody on the road,” says

the road by the politicians. You couldn’t blame them

Peter Rocke. “I suggested to my board we needed to

for it, because that was what the community wanted.

do something positive and not just sit back and argue

We knew we had to address the issues and we knew it

amongst ourselves.”

was better for the industry to self-regulate than to face draconian laws. We wanted to have a sensible driving

Wheels start to roll

hours regime, and safety was the big thing. So we came

This was the atmosphere that prevailed when Rocke

up with a slogan, ‘Serious about safety’. We decided to

called the group together to meet in the Ansett hangar

put a 1800 number on the back of our trucks so people

at Mascot Airport. The invitation was extended to

could phone up and complain. That was a good thing;

Bruce McIver of the Australian Livestock Transporters

it concentrated the minds of the drivers on what was

Association, and Denis Robertson, president of the

and remains a very important issue.”

Long Distance Road Transport Association and the National Transport Federation.

The LDRTA was predominately made up of New South Wales transport operators, but it was the only national

“I was very supportive of the concept that we needed

organisation representing long-distance transport

to get together,” remembers Denis Robertson. “But

operators until what they regarded as the renegade

there was no animosity between us, because we

group in a formed the NTF.

>> 33



Chapter 2 >> Ending the cowboy culture

“The Grafton bus crash did wake everyone up: it was

at the Department of Transport, Higginson worked in

bound to happen. We were all running too heavy

the Department of the Prime Minister and Cabinet.

and too fast and it had to stop,” says NTF stalwart Ron Bunker. “All of the industry associations realised

“Being a note-taker gave me a good grounding in

they had to get involved with the safety policy.”

politics and how the system works in the Cabinet room,” says Higginson. “Then I moved into transport and met

“We were all doing things we shouldn’t have,” recalls

Jack Evans and Robert Gunning. Jack was the division

Australian Livestock Transport Association president

head and Robert worked alongside me. They had

Bruce McIver. “We knew, as industry leaders, we had

formed Resolution in 1988, and in mid-1989 they asked

to clean it up. Peter Rocke rang me out of the blue.

me to join them. We had worked very well as a team,

I hadn’t spoken to him before. We were all in a panic.

and they had been very good to me.”

If we weren’t, we would never have got together.” The job of the Resolution team was to facilitate a

Ending decades of friction

successful outcome: to use their expertise to enable

Historically, there had been a good deal of friction

those at the meeting to work out how they could

between the various groups Peter Rocke had invited

introduce measures like speed limiters to promote safety

to the meeting. So he thought it would be a good

within the industry, and thereby improve the public

idea to appoint an independent chairman to avoid

image of road transport. “One of the reasons the process

any accusation of bias.

worked was no one at the meeting took Resolution to be a threat,” says Andrew Higginson. “Some of them

At the time, the ARTF had been using the services of

wouldn’t talk to each other, but they all talked to us.”

the Canberra-based consultancy, Resolution. Jack Evans had started the company with three former colleagues

Enter the RTIF

at the Department of Transport in Canberra. Evans was

Despite the potential, thanks to long-term intra-industry

suggested as a suitable independent person to chair

rivalries, for the meeting to be a failure, a decision was

the first meeting of this disparate group.

taken to form a body called the Road Transport Industry Forum (RTIF).

Evans and his Resolution colleague Robert Gunning had worked alongside Andrew Higginson at the

A document compiled and distributed by Jack Evans

Federal Department of Transport. Before starting

prior to that critical meeting talked about the diminishing success the industry was having in getting its message across. As a result, the document said the industry was perceived not to be as serious as it should about road safety. Therefore, its initial aim should be to

LEFT The rising road death toll and the frequency of

develop a coordinated industry approach to improving

crashes involving trucks on Australia’s roads approached

the record of heavy freight vehicles in this vitally

a national scandal.

important area.

>> 35


Putting safety first

Whilst stating that the purpose of the forum should

At the end of the day, according to Peter Rocke, every

not be to develop a strategy to oppose tachographs,

representative present agreed they had to concentrate

the document did suggest that prompt and effective

on the theme of safety. So a meeting was arranged for

industry action would render such action unnecessary.

the following Thursday, 21 November, at Parliament

Therefore, it proposed that the forum develop a

House in Sydney, at which the representatives of the

program of events for the ensuing 12 months designed

RTIF’s four member organisations, the LDRTA, the NTF,

to complement then federal transport minister Bob

the ALTA and the ARTF, would meet then NSW transport

Brown’s call for the industry to lift its game or face the

minister Bruce Baird.

introduction of tachographs nationally. At that meeting, the representatives would emphasise In Paul Gaynor’s view, the formation of a body like the

their intention to follow a unified industry approach to

RTIF was inevitable. “The competitive nature of the

concerns regarding heavy vehicle safety and that they

various industry organisations that preceded it was

would no longer condone the activities of a small

interfering with the well-being of the industry. I think

segment of the industry. They said that they would

there was a sense of urgency at the meeting. We

work together with government to introduce realistic

realised we had to work together or the governments

and worthwhile reforms, while maintaining their total

would impose very heavy regulations industry-wide.”

opposition to the compulsory fitting of tachographs. The approach to Baird had to be carefully handled and

36 <<

Myth >>

the negative public image of trucking at the time meant that those who went to the meeting had to appear

The foundation of the RTIF was simply

understanding and genuinely in search of a solution.

another cynical attempt by trucking

So they spoke about plans they were developing to

companies to convince the public they

introduce speed limiters, a public campaign to identify

were doing something about road safety.

irresponsible truck operators (including a free 1800 number the public could use to ‘dob in’ cowboys), an enhanced logbook system and an accreditation system for operators.

Reality >> The industry was determined to be serious about heavy vehicle safety and would no longer condone the unsafe practices of a small number of truck drivers. The trucking industry had to adopt a unified approach to address the concerns of business owners.

But the NSW transport minister had further ammunition in his kit, of which the forum members were well aware. The implementation of a uniform heavy vehicle driving hours package had been delayed since December 1987. Among the government’s proposals were a maximum 15-hour working day and maximum 75-hour working week, quotas it was considering restricting further, to 12 hours a day and 72 hours a week.


Chapter 2 >> Ending the cowboy culture

<< ... if the heavy vehicle industry and state governments could not halve the number of heavy vehicle fatal accidents within 12 months, the Hawke government would introduce compulsory tachographs nationally. >> Bob Brown, Minister for Transport

Those involved in the RTIF knew they had to work

within 12 months, the Hawke government would

quickly. They needed to present their agenda to the

introduce compulsory tachographs nationally.”

politicians before they were overwhelmed by pressure from the public to do something, and became prepared

At the launch, the RTIF announced 20 transport

to do anything.

companies had signed up to a voluntary speed limiting program and agreed to a toll-free telephone number

This is clearly illustrated in a document circulated among

appearing on trucks alongside an invitation to the

members in the lead up to what was to be their third

public to call in to comment on road safety issues. It

meeting on 30 November. As that working paper said:

also announced the convening of a Heavy Vehicle Road

“It [was] essential the Forum be seen to present a united

Safety Summit for early 1990, and the development of

cohesive approach to improving road safety.”

a joint education program with the federal government called Sharing the Road.

>> 37

Transport industry kicks a goal

Nonetheless, the TWU expressed scepticism about the

The RTIF was formally launched at a press conference

formation of the RTIF shortly after its founding. In an

held at the Sydney Football Stadium on 8 December

interview published in the Henderson Transport and

1989. The presidents of its four member associations

Distribution Newsletter on 22 December 1989, acting

attended, as did their executive directors. Bob Brown

TWU NSW secretary Steve Hutchins dismissed the

and Bruce Baird represented the federal and NSW

initiative as “the latest attempt by trucking companies

governments, respectively. Also present were Ian

to convince the public they are doing something

Webber, managing director of Mayne Nickless, and

about road safety”.

Paul Brown, general manager of TNT. Soon after the launch, despite the fact that a truck “I congratulate the industry for responding so quickly

wasn’t even involved in the accident, the public’s

and so positively to the Hawke government initiatives

perception of the trucking industry deteriorated further

I announced on October 26,” said Bob Brown in an

when an even more disastrous crash occurred between

official statement. “I stated categorically that if the

two buses at Clybucca, about 200km south of the site

heavy vehicle industry and state governments could

of the Grafton crash. On Friday 22 December, two tourist

not halve the number of heavy vehicle fatal accidents

coaches collided head-on at 100kph killing 35 people


Putting safety first

and injuring a further 41. The disaster further inflamed

RTIF an opportunity to speak out on behalf of the entire

public demands for something to be done.

industry, and present a united front.

“After the two bus accidents, if you told people at

Andrew Higginson first appeared in the media as a

a barbecue you worked in the truck industry, they

representative of the road transport industry in The

looked at you like you were a drunken deadbeat on

Australian newspaper on 3 January 1990. In an article on

drugs,” remembers Bram Van der Schaar, then working

the differences between speed limits within Australia,

for Volvo Trucks. “In their eyes, you were just as bad

Higginson presented the RTIF’s view on the worsening

as them, because you were supplying them with

situation for trucking in Australia.

the trucks.” When Bruce Baird attended the scene

38 <<

of the Clybucca bus crash on 22 December 1989, he

“Drivers face the introduction of speed limiters in

announced the NSW speed limit for heavy vehicles

different states, and the possibility of tachographs being

would be reduced from 100kph to 90kph, and that

compulsory and checkable in others,” said Higginson.

tachographs were to be mandatory on all heavy

“They all say, ‘Lets have national uniformity, but only if

trucks on NSW roads from 1 July 1990.

you do it our way’.”

Limiting government

The regulatory changes introduced by the NSW

intervention

Government were beginning to bite, and the

The NSW Government was determined to introduce

atmosphere out on the highway was becoming tense.

legislation to enforce shorter driving hours, but was

The imposition of a 90kph speed limit by the NSW

meeting stiff opposition from all industry associations,

Government was causing blood to boil, particularly with

especially the RTIF. By cutting maximum driving hours

police applying maximum fines for exceeding the speed

to 12 hours a day, NSW was reneging on an agreement

limits by just 2kph. Increasing calls to take disruptive

reached with federal and state ministers in December

action were coming from drivers out on the road.

1987 to impose a national maximum of 15 hours of

Paul Gaynor suggested the RTIF protest should include

driving in a day.

a gathering of trucks somewhere in Canberra, which would enable truckies to let off steam without causing

The moves by the NSW Government were seen to be

a major disruption to the economy. A letter sent to

a direct attack on the trucking industry. This gave the

then NSW premier Nick Greiner, the RTIF called on the

<< After the two bus accidents, if you told people at a barbecue you worked in the truck industry, they looked at you like you were a drunken deadbeat on drugs. >>

Bram Van der Schaar


Chapter 2 >> Ending the cowboy culture

government to pull back from the new regulations to defuse a volatile situation. Some form of industrial action like a blockade was beginning to appear inevitable. No log books or driving hours

This would not have gone down well with some members of the RTIF. Their instincts were to distance themselves as far as possible from any industrial action. Highway demonstrations were seen to be TWU territory. Ironically, the RTIF meeting on 4 January 1990 was the first in which discussions took place about the possible inclusion of the TWU in the RTIF. The tragic events at the end of 1989 had an equally tragic footnote. On 13 January 1990, Senior Constable Eastes, who had been suffering from depression since attending the Grafton bus crash, was found dead in

No log books or driving hours

Maximum driving hours: 11 hours in 24 commencing at midnight. 5 1/2 hours in any one period. Minimum rest period: 30 minutes after 5 1/2 hours. 10 consecutive hours in every 24. 24 consecutive hours in one week. Maximum driving hours: 12 hours in the preceding 24. 5 consecutive hours. Minimum rest period: 30 minutes after 5 hours driving. 5 consecutive hours in 24. 24 consecutive hours. Maximum driving hours: in preceding week. 12 hours in preceding 24. 5 consecutive hours. Minimum rest period: 30 minutes every 5 hours. 5 consecutive hours in 24. 24 consecutive hours in a week.

Regulations for the keeping of log books/driving hours as of December 1988 No log books or driving hours. Bus and Coach drivers 11 hours maximum in 24.

Maximum driving hours: 12 hours in any 24 hour period. 5 consecutive hours. 72 hours per week. Must have 24 consecutive hours rest in one week.

a motel room in Brisbane having committed suicide. Following the accident, Eastes had been off duty on sick report, said to be suffering from Acute Post

Nonetheless, tempers were running high in NSW. At a

Dramatic Shock Syndrome.

meeting of the LDRTA on 16 January 1990, 13 changes were prescribed to enable the trucking industry to

As the investigation continued, the story only got

recommence operating normally, the last of which was

worse for the transport industry. Tests showed the truck

the resignation of Bruce Baird as minister of transport.

driver involved in the Grafton crash had 80 times the acceptable therapeutic level of ephedrine in his blood.

The RTIF met again on 24 January and followed up by releasing a statement calling for discussions with the

Good news at last

NSW Government, a moratorium on the new speed and

Fortunately for the trucking industry, statistics came to

driving hours regulations, and for all members of the

light around this time that seemed to contradict the

trucking industry to stay calm in a time of crisis – and not

perceptions about trucking and safety which had held

to take precipitate action over the Australia Day weekend.

sway in the media since the Grafton accident. Over the 1989/90 Christmas holiday period, 17,000 people were

The statement included the following comment on

booked for speeding in NSW, only 2 per cent of whom

the effects of the new rules on the industry generally:

were truck drivers. Total accident fatalities in 1989

“Neither the industry, the community, nor any

were the lowest since 1958, and the number of heavy

government that is committed to micro-economic reform

vehicles involved in fatal accidents had fallen from

can afford to allow state procrastination and backsliding

304 in 1988 to 162.

to continue to jeopardise economic recovery.”

>> 39


Putting safety first

Hearings into the two deadly accidents on the Pacific Highway were followed by a third examining road

Safety Initiative >> The RTIF saw the introduction of speed limiters as a cost-effective

safety issues in Australia. Many subjects were covered, including speed limits, speed limiters, drivers holding multiple licences from different states, driver fatigue, driving hours regulations, the use of drugs by truck

step towards achieving the highly

drivers, the construction of heavy vehicles, road

desirable goal of a uniform, national,

construction policies and the policies affecting national

road transport policy, and used

road transport and road freight.

a series of graphs and tables to demonstrate the safety of trucks relative to other vehicles.

At the hearing’s conclusion, Waller called for a reduction of the truck speed limit to 90kph, and a two-cents per litre levy to help transform the Pacific Highway into a four-lane highway from Sydney to Brisbane.

Industry takes the lead

40 <<

Prior to reaching agreement on a more formal structure,

One of the RTIF’s first publications, Improving Heavy

the four member organisations met regularly with

Vehicle Road Safety, was characterised as a statement

RTIF chairman Jack Evans to discuss their options and

by Australia’s road transport industry. It said the

develop a strategy to take the industry forward. This

introduction of speed limiters would be a cost-effective

period was as much about getting to know each

step towards achieving the highly desirable goal of

other’s strengths and weaknesses as it was developing

a uniform, national, road transport policy. It used a

a plan that would enable the road transport industry

series of graphs and tables to demonstrate the relative

to mitigate the threats being issued from the various

safety of trucks compared to other road vehicles. The

state and federal legislatures.

pamphlet went on to explain how effective speed limiters would be as a solution to the problem of

Focus on the situation was sharpened when the

speeding trucks, and why tachographs would

inquest into the Grafton crash, presided over by

necessitate intensive enforcement efforts but do

magistrate Kevin Waller, began on 29 January 1990.

nothing to improve road safety. The message from

Police evidence given by senior constable Bob Sawyer

the RTIF was clear and hard-hitting: introduce speed

put the blame for the crash squarely on the shoulders

limiters and forget about tachographs.

of the truck driver, David Hutchins. Dennis Cowdroy, QC, for the NSW Roads and Traffic Authority and the

During this period, the RTIF constantly reiterated the

Transport Ministry, told Glebe Coroner’s Court that

five-point national road safety program it planned to

Hutchins had driven some 3600km in the three days

roll out over the next 12 months. It had to convince

before the crash. This implied he had been driving

the public that the road transport industry was serious

well over the legally allowed driving hours.

about safety, and willing and able to clean up its act.


Chapter 2 >> Ending the cowboy culture

Reform No.1: Fast-tracking the introduction of vehicle

(RFAC) before action was taken. However, he stood firm

speed-limiting devices to control the worst excesses

on truck speed limits, insisting that the 90kph limit

of the speeding trucks.

would stay. The meeting certainly was eventful. As parliament was in session at the time, minister Baird was

Reform No.2: An industry accreditation scheme

forced to rush in and out of the room in the midst of

was to be set up alongside a Code of Safety Conduct.

delivering a very personal verbal attack on Paul Gaynor, to which Peter Rocke objected vigorously. In response to

Reform No.3: The creation of a public display

Rocke’s rebuke, Baird delivered an apology, and to Rocke

of the aims and objectives of this transport industry

and Gaynor’s surprise, the meeting ended positively.

initiative that could be used to garner public support, to demonstrate the industry’s eagerness to change,

While negotiations were proceeding and the Forum was

and to get some politicians behind the program.

putting its program into place, Kevin Waller delivered the following judgement at the conclusion of the Grafton

Reform No.4: The introduction of targeted training and

inquest at the Glebe Magistrate’s Court: “It is proved to

the launch of some realistic short courses in the first half

a high degree of probability that [the driver’s] ingestion

of 1990 to improve the overall levels of knowledge and

of the large amounts of ephedrine has been the cause

safety awareness in the transport industry workforce.

of the collision, either by causing him to drive erratically and inappropriately, or by causing him to hallucinate

Reform No.5: The creation of a joint government and

and take hurried measures to avoid the phantom object.

industry education program, Sharing the Road, to

If nothing is done we must live with the dire expectation

inform the general public about the industry by holding

that this crash, and that at Kempsey, will be repeated.”

specially-created shopping centre events and displays. At this point, the RTIF was operating without any real Meanwhile, the RTIF was beginning to kick some PR

organisational backing or funding. Each time a

goals at the national level. On 30 January 1990, the

commitment was made, its members had to perform

then shadow minister for land transport and shipping,

another round of fundraising to get the project through

John Sharp, met Jack Evans and Denis Robertson

to its next stage.

outside of Parliament House in Canberra to fix a safety sticker to the rear of a semitrailer run by Geoff Rudd.

Expenses incurred were borne by the trucking industry

The sticker invited the public to phone the community

participants themselves, and members of the group were

access line, 008 02 4990, with suggestions for road

calling in favours and cajoling friends and colleagues to

safety improvements.

help with funds to pay for Resolution’s facilitation and clerical work.

The following day, the RTIF met with NSW transport minister Bruce Baird. In the meeting, Baird committed

Resolution had an office in Canberra that served as an

to ensuring any major changes would be subject to

RTIF base until it could lease an office, employ a secretary

consultation with the Road Freight Advisory Council

and develop a more formal organisational structure.

>> 41



Chapter 11 Framing the future


Putting safety first

Framing the future

D

Despite occasional failures, the ATA clearly established

Despite the fact that safer and more efficient technology

that the trucking industry was prepared to work and

was constantly providing the industry with scope for

fight hard for industry improvements. This was

further productivity gains, the ATA still had to fight to

highlighted by the ATA founders’ determination to:

introduce new and safer technologies for the benefit of

>> develop a “whole of industry” approach and ensure

trucking and the entire community.

an authentic voice for trucking operators and drivers

146 <<

>> make truck road safety its highest priority

ATA’s Mission

>> pursue a credible and well-researched approach to

From its earliest days, the ATA took the lead in

countering challenges, including tackling the

developing, then widely promoting, a clear vision for

taxation and environmental myths spread by its

the Australian trucking industry. As stated in an early

industry opponents

ATA document, that mission was to:

>> profoundly transform and reduce the taxes and charges paid by the industry.

>> build unity in the road transport industry to achieve common goals >> increase recognition of the national road transport

There is no doubt these can be described as “defining moments” in the ATA’s first 20 years. This is particularly

industry by governments and the community >> promote and develop self-regulation and

true of the successful realisation of the ATA’s tax reform

quality assurance to enhance the professionalism,

agenda in 2000 and its decision to ignore industrial

safety and efficiency of the road transport

relations in order to work with the Transport Workers

industry

Union, which represented many employees of ATA

>> influence government decision-making by ensuring

members. Nonetheless, the ATA’s trucking industry

that road transport operators are consulted prior

improvement agenda had yet to be fully realised when

to the drafting of legislation designed to regulate

this book went to press.

the industry


>> create institutional structures which recognise the

essential role in servicing a sparsely populated continent

importance of the road transport industry and

and provided a livelihood for hard working Australians

ensure that the voice of operators is heard.

at all levels of society.

The ATA’s founders had thought long and hard about

The environment the ATA founders faced was dominated

developing a philosophy that would carry the industry

by the key issues that still shape the trucking policy

forward; they strived to develop a policy platform that

landscape, including sharing the road with others, paying

would help it to resist seemingly overwhelming external

taxes and charges unique to trucking, and being over

pressures and would advance its members’ interests

regulated with respect to truck design and operation.

and potential.

It also reflected the fact that railways in Australia were owned and operated by governments who often saw

The ATA initiators recognised that, as well as being

trucking as a threat to the value of their rail assets. As

divided, the industry was outgunned by the anti-

the nation’s railways are still predominantly government-

trucking lobby and not strongly supported by the many

owned, the regulation of the trucking industry is still

bureaucracies across the nation that favoured state

affected by politics. Therefore, the industry must

government-owned rail interests over those of private

continue to invest in the development of professional

road transport operators. They also knew that, despite

and well-researched arguments in order to influence

these shortcomings, the trucking industry played an

the national transport policy development debate.

>> 147


Putting safety first

Founded on safety

higher-productivity vehicles on a purpose-built road

The ATA was founded in a period of intense external

network could not be advanced until governments

pressure on the trucking industry driven by the safety

and the community were satisfied that the ATA had

concerns of the community and governments. Therefore,

developed a genuine focus on this very important issue.

focusing on safety was imperative. The ATA’s early programs – including the “three strikes and you’re out”

The Road Transport Industry Forum had barely been

speeding policy, TruckSafe and the Fatigue Management

launched before the then prime minister Bob Hawke

Program – were all safety-oriented initiatives. The

opened the National Heavy Vehicle Road Safety

preoccupation with safety was reinforced by a number

Summit in Sydney in February 1990. Everything about

of ATA communications programs, including:

that first meeting reflected the ATA’s determination to

>> Forum on the Road meetings in 1991, 1992 and 1995

make a mark.

>> Federal Office of Road Safety TV ads (“Cut out cutting in”, etc.)

Grassroots operators actively supported the Summit and

>> Today’s Truckies program and visits by Mike Whitney

attended in unprecedented numbers. The event was

>> Road Transport Awareness Week events run around

held at Sydney’s iconic Opera House, the one Australian

the country >> National Drive for Safety, the safety education trailer and the John Laws initiative.

building instantly recognised around the world. Bob Hawke opened the Summit at the beginning of a federal Labor election campaign, and the personal relations forged between the Labor Party and the ATA proved

These programs effectively encouraged industry

148 <<

to be long-lived.

members to “connect with their community” on a more regular basis. While taxes and charges were

The ATA used the event to launch its call for trucking

prime policy areas, the overall consensus was that

industry self-regulation. Improved levels of safety

little could be achieved unless the industry was seen

and professionalism were seen to be essential to the

to be “serious about safety”. Its ambition to operate

industry’s development. Supporters passionately believed that by helping to achieve them, they would win the right to influence key policy proposals they deemed undesirable, such as the introduction of compulsory speed limiters and unrealistic driving-hours regulations.

LEFT Many bureaucracies across the nation favoured state government-owned rail interests over those of private road transport operators.


Chapter 11 >> Framing the future

Self-regulation foundation In the early years, efforts to achieve industry selfregulation focused on four key areas: vehicle maintenance; driver health and training standards; and company operations (in other words, “the right vehicle, the right driver and the right company”). To help make progress with each of these issues, industry working groups were formed in January 1991 and a National Road Transport Accreditation Conference

<< Businesses were to work towards gaining formal accreditation that would deliver tangible safety and regulatory benefits, and thereby enhance professionalism in the trucking industry. >>

was held in Melbourne in February of that year. The ATA’s efforts in the safety area gained significant momentum when it secured a commonwealth government grant

The objective was to attract rewards and recognition

of $400,000 to assist with this work.

by ensuring that the industry stayed at least one step ahead of government regulatory requirements. The

The Forum on the Road tours in 1991 and 1992 secured

first official acknowledgement it was doing so came

industry support across the country, both for the ATA

when the NSW government announced it would no

and its safety and self-regulation concepts. The National

longer require annual mandatory truck inspections in

Convention in 1992 agreed to launch a pilot program

government-regulated workshops for trucks accredited

from July that year. Over time, more and more staff

under the TruckSafe vehicle maintenance program.

resources were assigned to this project. The first staff

Other recognition soon followed, including road trains

member appointed was James Shaw, who reviewed

being permitted to operate from Port Augusta to

the initial pilot program in face-to-face discussions at

Adelaide, subject to industry accreditation.

the place of business of each participant. Before long, Shaw was joined by well-known industry identities such

Industry-leading proposals put forward by the ATA

as John Kelly and Craig Roseneder, who led various

since its foundation include:

aspects of the program, and Melbourne-based health

Speed limiting The proposal to speed-limit trucks

consultant David Stewart.

following horrific truck and bus crashes in the late 1980s led directly to the ATA’s formation. Key operators,

A subsequent review resulted in many recommendations,

including livestock transporter Jim Savage from

including greatly increasing the number of companies

Tamworth, played a key role in this process, which

involved in the self-regulation program from the

helped to show governments that the industry was

original 29 members to 200. Dubbed “Team 200”,

serious about addressing community safety concerns.

these businesses were to work towards gaining formal accreditation that would deliver tangible safety and

The chain of responsibility The need for a “chain of

regulatory benefits, and thereby enhance professionalism

responsibility” concept to apply to all aspects of road

in the trucking industry.

transport law has been outlined in the ATA’s papers

>> 149


Putting safety first

from day one. The concept was central to the ATA’s

Research carried out by Austroads in 2008 demonstrated

safety agenda, which aimed to ensure that “proposed

the power of industry involvement and its shared

national laws provide for all elements of the transport

ownership of the road safety agenda, realities that are

supply chain to be held accountable for their actions”.

yet to be accepted by some state governments. The research examined heavy vehicle crash rates from

In February 1997, the NRTC and ATA CEOs issued a joint

1 January 2003 to 31 December 2005 and showed that

media release announcing the introduction in mid-1997

the crash rate for TruckSafe-accredited vehicles was half

of legislation that would compel truck operators to

that of non-accredited trucks.

faithfully observe road transport laws. Austroads also examined the safety benefits of TruckSafe The road to full acceptance of the concept was a rocky

accreditation using insurance data provided by National

one. The industry struggled to convince its customers of

Transport Insurance (NTI), the largest Australian truck

its importance. This meant that commercial realities often

insurer. NTI operators accredited with TruckSafe lodged

overrode operators’ determination to “do the job right”.

33 per cent fewer claims than those who weren’t.

It was a titanic struggle to get the state bureaucracies to

The study also demonstrated that the operators

allocate the resources required to ensure the chain of

improved their safety records after joining the TruckSafe

responsibility’s effectiveness.

program. The total cost of operators’ claims during their first two years of accreditation was 57 per cent less than

150 <<

Power of industry involvement

during the two years prior. For operators with 10 or

The clear lesson to be learned from the ATA’s experience

fewer powered units, the reduction was 38 per cent.

was that solutions to road safety problems needed to be developed by the industry as a whole, not by a handful

The TruckSafe project was recognised in 1995 by the

of road safety bureaucrats in ivory towers in capital cities.

Victorian Health Department as a best-practice case

Crash rates of TruckSafe and non-NHVAS accredited vehicles, 2003-2005

CATEGORY

Non-NHVAS accredited credited TruckSafe accredited

CRASHES

VEHICLE YEARS*

CRASH RATE (crashes per vehicle year)

6,278

94,753

0.066

408

12,249

0.033

*Vehicle years are a measure of accident exposure. A vehicle accredited for the entire three years is assigned a vehicle year value of three.


Chapter 11 >> Framing the future

study. It was also the winner of the Queensland Safety Awards and a runner-up in the National Safety Awards.

Safety Initiative >> The formation of the ATA definitely gave voice and

Realising that road safety problems were

direction to the industry’s commitment to improving

not going to be solved by a handful of road

road safety and to getting its people and other road users home safely. Unfortunately, some governments chose to ignore the fact that the industry was committed to being part of the solution, and

safety bureaucrats in ivory towers in capital cities, the ATA insisted that the solutions be developed by the trucking industry.

continued to attack it whenever incidents occurred.

Founding principles While the ATA was founded in response to the urgent

when the newly elected Hawke federal government

need to improve the safety performance of Australian

forged an alliance with the Greiner government in

road transport, its charter was soon broadened to

New South Wales.

address the problems of over-taxing and over-regulation of the industry. The roughly synchronous publication of

Apart from the opportunity to push for more consistent

an Interstate Commission (ISC) report recommending

national regulation of the industry and the removal of

the introduction of truck registration charges of up to

state barriers, one of the most valuable products of

$30,000 per annum justified this extension. It was clear

closer government/trucking industry consultation was

that the industry was bearing excessive indirect taxes,

the federal government’s undertaking to initiate a study

and that governments were unwilling to recognise the

into the level of indirect tax paid by the trucking industry.

contribution it made to the economy, road construction and maintenance.

An independent study had revealed that the industry was paying tax at a rate two-and-a-half times the

Clearly, the true value of the trucking industry to Australia

average rate paid by major Australian industries. So the

had to be demonstrated, and with the National Road

ATA commissioned economist John Zeitsch to produce

Transport Commission (NRTC) having been founded at

the Swan Review – a breakthrough study of the impact

around the same time as the ATA, the scene was set

of road transport diesel taxes on the Australian economy.

for an ATA-led push for the introduction of nationally consistent transport regulations and vehicle registration

While the commissioning of objective, independent

charges. At the time, truck registration charges in NSW

research reports is now commonplace, at the time of the

were 50 per cent more than in Victoria, and three times

Swan Review it was completely unknown in the trucking

the amounts paid in South Australia and WA.

industry. Nonetheless, the report provided the industry with an armoury of powerful facts it could use at a time

An opportunity for the ATA to create a good working

when governments and the general community were

relationship with the NTRC emerged in the early 1990s

more concerned with promoting economic growth.

>> 151


Putting safety first

Some of the key findings of the Swan Review included:

Dispelling the Myths. The report dispelled some of the

>> removing excessive taxes on the road transport

key misconceptions about the environmental effects

industry would increase Australia’s gross domestic

of the trucking industry. It was disseminated widely

product by just under 2 per cent and increase

and gave people in the industry both the tools and the

real after-tax wages by a shade over 1 per cent

confidence they needed to put their environmental

>> excessive trucking taxes most affected efficient

case forward. It was no longer possible for industry

export industries >> tax accounted for around half the price of trucking fuel >> a boost in road investment would have enormous benefits for the Australian economy.

opponents to use so-called “objective arguments” to attribute many of the negative environmental effects of economic activity to trucking. The industry could confidently demonstrate that it contributed a mere 1.8 per cent of Australian industry’s total greenhouse gas emissions, a fraction of the total it had been accused

The trucking industry pursued these themes

of spewing into the atmosphere.

unrelentingly in its representations to federal and state governments, in discussions with sectors dependent

Other myths dispelled by the Apelbaum Report

on road transport, in the National Drive for Safety, and

included:

in all the other grassroots contacts between trucking

Myth 1: Trucks are the biggest polluter

operators and politicians.

False. At the time the Apelbaum Report was released, road transport accounted for 10 per cent of net national

152 <<

The best part of a decade later, the ATA continues to

emissions of greenhouse gases and trucks accounted

push for tax reform. Even today, the underlying

for just 18 per cent of road transport emissions.

mechanisms of the cost recovery program are liable to be challenged from time to time. The desire of some

Myth 2: Trucking is stuck with inefficient high

in government to over-tax any unsuspecting industry

consumption and high emissions engines

they can has not diminished. As a result, the ATA remains

False. Trucking fuel efficiency had been improving

unrelenting in its efforts to remind governments that:

rapidly and emissions of all sorts had dropped

>> improved road funding (like tax reform) has

even more quickly.

economic, social, environmental and safety benefits for all Australians >> road funding must be tied to financing road

Myth 3: Trucking is the major transport issue in urban areas

improvements in order to stop governments using

False. Passenger vehicles overwhelmingly dominated

it to plug holes in their budgets then demanding

travel and emissions in urban areas.

more taxes to improve roads. Myth 4: Trucks are the most energy-intensive

Trucking and the environment

of road freight vehicles

In October 1995, the RTA released the Apelbaum Report

False. Trucks were very efficient at moving

entitled Australian Trucking and the Environment –

freight, and the more productive trucks delivered


Chapter 11 >> Framing the future

freight as much as twenty times more efficiently

Myth 9: Trucks should pay more fuel tax to help

than any realistic alternative.

fix greenhouse gas problems False. The economic modelling performed for the

Myth 5: Trucking has ignored alternative fuels

Apelbaum Report by Tasman Asia Pacific showed the

False. Extensive work had been done in this area.

excessive costs of targeting the road transport industry,

As at June 1993, 2 per cent of truck fuel was derived

and provided some of the early estimates of the

from LPG or natural gas.

economic cost to ordinary Australians of taxing carbon: a matter of continuing controversy today.

Myth 6: Trucks increasingly contribute to road safety problems

Interlocking industry webs

False. Trucking was continually improving its road

Many of the new wave of trucking operators who

safety performance.

became involved in the formation and growth of the ATA were also members of organisations like the

Myth 7: Trucks had become noisier

Australian Livestock Transporters Association, the

False. At that stage, perceived noise from trucks had

National Transport Federation and the Long-Distance

been reduced by a quarter from 1970. The report also

Road Transport Association.

pointed out that at speeds above 60kph, tyre/road noise exceeded the noise generated by the engine,

Many of them had started their own businesses, lots

transmission or exhausts, and that research was

drove trucks themselves, and most were more than

underway into measures to improve road surfaces

willing to act to improve industry conditions once

and tyre construction to reduce noise further.

they could see the advantages of doing so. Drawing on this broad range of strengths, the ATA developed a

Myth 8: Investments in roads will not substantially

successful operating model based on the following:

improve the environment

>> an intense examination of the facts

False. Investment in traffic congestion reduction

>> the identification of the different interests at stake

strategies had reduced fuel consumption by 20 to

>> the prioritisation of industry-wide issues

30 per cent, halved CO2 emissions and reduced

>> open and vigorous debate to determine

hydrocarbon and carbon monoxide emissions by

agreed goals, and the arguments and approach

two-thirds.

required to achieve them.

<< The industry could confidently demonstrate that it contributed a mere 1.8 per cent of Australian industry’s total greenhouse gas emissions, a fraction of the total it had been accused of spewing into the atmosphere. >>

>> 153


Putting safety first

Once a specific, quantifiable goal had been identified,

Individual operators then approached members of

the ATA proceeded to:

parliament and bureaucracies throughout Australia, to

>> brief the trade media (which proved themselves

whom they presented their arguments in support of

to be great allies of the industry by highlighting

the introduction of a national truck registration regime.

the issues, energising operators and providing

In addition, ATA office bearers, notably former chairman

invaluable feedback to the ATA)

Bruce McIver, held a series of discussions with federal

>> constantly monitor progress using a wide range of

and state ministers.

communication tools, including direct conversation and a weekly update on the state of play >> arm grassroots industry participants with the information and advice they needed >> accept information provided from a broad network

Yet the campaign team recognised that state governments generally appeared likely to agree with hard-won recommendations for new national registration charges from the National Road Transport

of activists and act quickly to take advantage of any

Commission right up to the deadline for their

opportunities – and plug any holes – that were

introduction. At this point, more often than not,

identified.

insurmountable “difficulties” would mysteriously arise. For example, the NSW Roads and Traffic Authority

154 <<

The ATA used its rolling campaign strategy to help

would suddenly claim that the national charges were

achieve its various objectives, notably the introduction

too low and that the number of extra trucks expected

of uniform national truck registration charges from

to register in NSW would not be sufficient to

1 July 1996. In support of this objective, ATA staff

compensate for the decrease in revenue per truck.

produced key fact sheets to keep operators fully informed about the progress of the campaign and

In response to one such move by government, the ATA

conducted a constant stream of media briefings.

commissioned a survey which demonstrated that the reductions forecast in NSW state revenue had no basis in fact. Simultaneously, it launched a campaign to encourage the federal government to support the

<< The successful introduction of national charges demonstrated that industry involvement with governments was justified, and that the ATA could work with operators to create a highly effective lobbying force. >>

introduction of national truck registration charges by threatening to withhold the substantial “competition payments” it made to the states each year. Fortunately, the then federal minister for transport, Laurie Brereton, clearly indicated a commitment to national charges and a willingness to hold back national competition payments from any state that reneged on the agreed reform agenda. In addition, the then NSW shadow transport minister Brian Langton obtained a written agreement from opposition leader Bob Carr


Chapter 11 >> Framing the future

to adopt the new truck charges if the Labor party

While the ATA had strong messages to deliver about

won the forthcoming NSW election (which it did).

the needs of the trucking industry, it was obvious that

As a result, national truck registration charges came

without the money to do so it was powerless.

into effect in 1996. Initially, it funded its operations with donations from

Effective lobbying force

loyal industry suppliers, including foundation sponsors

The successful introduction of national charges

BP, NTI and Volvo Trucks. Later, the organisation

demonstrated that the National Road Transport

strengthened its economic foundations by introducing

Commission was a body to be taken seriously, that

its annual National Road Transport Convention and

industry involvement with governments was justified,

its annual Technical and Maintenance Conference. Yet

and that the ATA could work with operators to create

by the mid-1990s, it was clear the ATA needed a steady

a highly effective lobbying force.

source of income to support its ever-broadening range of activities.

For example, a local transport operator from Far North Queensland, Liz Schmidt, could be relied upon to go

To satisfy this requirement, many of the ATA’s original

to all the public meetings and consultations held

founders came together to secure a 99-year lease on a

with government officials and politicians in places like

valuable piece of commercial real estate in Canberra and

Townsville. Another local operator in the southeast

the funds to develop a high-rise commercial building

of South Australia, Heather Burdon, would be sure

thereon. Thanks to the rental income it now generates,

to pose apposite questions, to respond on the spot,

this building is the basis of financial security the ATA

and to initiate a local media campaign on the basis

enjoys today.

of ATA media briefings (she virtually always managed to secure a spot on the local TV news). Similarly,

The more things change . . .

Jim Pearson senior from Port Macquarie always kept

Shortly after the ATA was founded, the following

his local member of parliament fully briefed, which

areas were identified as priorities for industry reform.

became especially useful when the local member,

ATA directors were made responsible for determining

Mark Vaile, was also the deputy prime minister.

particular strategies, objectives and outcomes, then for developing policies to ensure the desired outcomes

One 1994 ATA newsletter reported that operators in

were achieved.

ATA member organisations were actively working in 63 federal electorates to get the ATA’s tax message

Safety: The ATA was founded to improve safety. Twenty

across to parliamentarians. It was also reported

years later, safety is still its number one priority, as

that Kim Beazley had been too busy to discuss the

evidenced by the Mobile Education Centre (MEC).

issue – until Alan Layton (then an executive director of WARTA) sat next to him on a plane trip from

Self-regulation: The TruckSafe program was kicked off

Western Australia and delivered the ATA message

by the ATA in 1990. This industry-leading initiative is

loud and clear.

continuing to lift truck-operating standards nationally.

>> 155


Putting safety first

ABOVE Will the next 20 years of the ATA be as exciting,

Regulations: The New South Wales Roads & Traffic

challenging and productive as its first two decades?

Authority’s recent decision to lay 2088 chain-ofresponsibility charges on 164 defendants extended liability for regulatory infringements beyond the driver and operator. The move is proof that the ATA’s ability to help improve the regulatory environment is undiminished.

Taxes and charges: Another foundation objective

156 <<

was to rationalise the ever-increasing mix of taxes and

Industry unity: The ATA is continually informing the

charges imposed by governments on the industry.

industry on the development of national issues such

The introduction of a fuel excise rebate and marginal

as national heavy vehicle regulation. This important

increases in truck and trailer depreciation reflect the

arm of ATA policy has been active since day one.

influence the ATA managed to gain on regulators and governments and continues to enjoy today.

Working with governments: The ATA’s ability to negotiate with governments has been evident since

Roads: The ATA’s third foundation objective was to

its foundation. It was strengthened by the 1994

improve the conditions truck and other drivers were

appointment of the competent Michael Apps as

forced to confront on Australia’s roads. Increases in road

government relations manager, and reinforced in

funding and the introduction of extended rest areas

2010 by Apps’ replacement, the talented Bill McKinley,

were both significant victories for the trucking fraternity.

who also generates first-class internal and external communiqués.

Environment: The ATA-commissioned Apelbaum Report, which currently is being updated, is placing

Community awareness: The Mobile Education Centre

considerable emphasis on alternative fuels. This shift

(MEC) and Road Transport Awareness Week are two

reflects the ATA’s undying commitment to staying

major undertakings that continue to lift the profile and

ahead of the times.

reputation of the Australian road transport industry.


Chapter 11 >> Framing the future

Perception versus reality

>> perpetuating a cohesive and national membership

In 2009, the ATA considered it prudent to gauge the

>> assisting member organisations to increase their

effectiveness of its policies, so it commissioned a specialist consultant to conduct a quantitative survey to see how various stakeholders perceived it.

operator member numbers >> continuing to lift the professionalism and profile of the industry in the eyes of the Australian public >> disseminating information as quickly and efficiently

The survey revealed that the organisation was seen to:

as possible

>> employ skilled and dedicated staff

>> improving the financial viability of all ATA members

>> communicate effectively

>> continuing to promote policies to benefit all

>> have strong Canberra connections >> conduct quality research that produced detailed, credible information >> operate efficiently.

industry members >> influencing governments to introduce practical legislation to improve business efficiency and productivity, together with maintaining and expanding national infrastructure requirements.

However, the survey also revealed that the ATA was seen to:

Quo vadis ATA

>> lack a rigorous long-term approach to policy

Each of these policies is strenuously addressed by the

development

ATA in its endeavours to advance the interests of the

>> be reactive rather than proactive

Australian road transport industry. However, given the

>> be inconsistent in its approach to national issues.

constantly changing nature of all sectors of the industry in Australia, the major question facing the ATA as it

The survey was the catalyst for the creation of a strategic

enters its third decade is, where does it go from here?

plan compiled by the chairs and members of the ATA’s various policy committees. The process was aided

Will the next 20 years of the ATA be as exciting,

by strong input from corporate members, including

challenging and productive as its first two decades?

Ashley Morrow from Australia Post and Simon Skazlic

What problems will it face and how can the energies and

from K&S Freighters.

skills of the ATA’s secretariat and its members best be applied to extend its influence for the foreseeable future?

The final document identified over 60 initiatives, the progress of which was to be reviewed regularly by the

Whatever the challenges prove to be, it is critical that

ATA Council. Each of these actions was firmly based on

future leaders continue to galvanise the commitment

the following policies developed during the RTIF/RTF/

of ATA supporters across Australia – people who often

ATA’s foundation, which remain as relevant in 2010 as

go unnoticed in the tedium of everyday life, but who

they were in 1989:

willingly help to promote the worth of the ATA, to

>> maintaining safety as its number one priority

champion the rights of the individual operators it

>> retaining operators as the decision-makers, backed

represents, and to publicly proclaim the world-class

by competent secretariats

achievements of the Australian trucking industry.

>> 157


Appendices


Appendices

Key Management Chairs

CEOs

David Simon

2010 -

Stuart St Clair

2006 -

Trevor Martyn

2006 - 2010

Chris Althaus

2002 - 2006

Ross Fraser

2004 - 2006

Peter Reece

2001 - 2002

Mike Almond

2002 - 2004

Andrew Higginson 1989 - 2000

Kathy Williams

2000 - 2002

Ron Finemore

1996 - 1999

Denis Robertson

1994 - 1996

Bruce McIver

1991 - 1994

Peter Rocke

1989 - 1991

Corporate Members

as at May 2010

Company members

Member organisations

Australia Post

Australian Furniture Removers Association

Boral

ATA NSW

K & S Freighters

Australian Trucking Association NT

Linfox Logistics

Australian Livestock Transporters Association

Scott’s of Mt Gambier

NatRoad, incorporating the Australian Road Train Association Queensland Trucking Association South Australian Road Transport Association Transport Forum of WA Transport Workers Union of Australia Victorian Transport Association

Foundation sponsors BP Australia Pty Ltd National Transport Insurance Limited Volvo Australia Pty Ltd

>> 159


Putting safety first

Australian Trucking Association Structure

AUSTRALIAN TRUCKING ASSOCIATION LIMITED

(Public Company)

A public company limited by guarantee Owned by members Trading as Australian Trucking Association

ATA MEMBERS

ATA TRUST FUND

Pay fees Liability limited by guarantee ($5,000)

Directors appointed by Board of Management

ATA GENERAL COUNCIL

ATA BOARD OF MANAGEMENT

Nominated persons of Associations/ Companies/Others/Past Chairs Sets Policy Elects Board of Management

Responsible / liable personally Implements policy from ATA General Council Directs / delegates management to CEO to achieve objectives of the Association

164 << ATA SECRETARIAT

Minter Ellison Building 25 National Circuit, Forrest ACT 2603 Telephone (02) 6253 6900 Fax (02) 6253 6999

ATA KEY RESULT AREAS (KRAs)

Skills & workforce Communications Economics, pricing and environment Transport Policy, infrastructure and access Safety

ATA INDUSTRY TECHNICAL COUNCIL (ITC)

ATA BOARD OF MANAGEMENT COMMITTEES

ATA Convention Finance Mobile Education Centre (MEC) National Headquarters (NHQ)


Appendices

Australian Trucking at a glance 1989 to 1991 Road Transport Industry Forum Chairman: Peter Rocke Chief Executive: Andrew Higginson

>> The original informal network that became the Road Transport Industry Forum , then the Road Transport Forum (RTF) which in turn became the Australian Trucking Association (ATA). >> Five (5) members > Long Distance Road Transport Association > National Transport Federation > Australian Road Transport Federation > Australian Livestock Transport Association > Northern Territory Road Transport Association >> Forum on the Road canvassed industry seeking support for a national peak organisation >> Development of ideas for constitution and articles of association >> Major bus and truck incidents at Kempsey and Grafton forced intense political attention on road transport >> Initial momentum provided by dedicated group who recognised the need for a presence at Federal level as well as linking to state and sector organisations

1991 to 1994 Road Transport Forum Chairman:

>> March 1992 RTF incorporated as formal organisation

Bruce McIver

>> Major lobbying program launched to drive home the adverse impact of excessive diesel taxes

Chief Executive: Andrew Higginson

>> Completion of Self-Regulation Pilot Project >> Commencement of Team 200 including the development of: > A network of doctors to delivery quality health screening and counselling > A drug education program > A health survey > A best practice vehicle maintenance system > Innovative fatigue management system > Government support >> Independent research of studies into taxation, road funding and community attitudes >> Launch of $400,000 Mobile Safety Information Display Semitrailer with message of safety and professionalism >> Achieved significant government recognition for RTF initiated programs including: > Better truck rest areas on major highways through joint project with NSW RTA > Major involvement with Team 200, Road Transport Awareness Week and Enforcement Projects >> RTF Foundation Sponsors: BP Australia Pty Ltd, National Transport Insurance and Volvo Truck

>> 165


Putting safety first A history of the Australian Trucking Association

Often those who change history are unaware of the implications of their actions. This was the case when four trucking associations met in an Ansett Airlines hangar after a truck and bus crash in Grafton NSW had killed 21 people a month before. As the details of that crash emerged, the nation’s federal and state government transport industry regulators realised they were sitting on a time bomb. It was imperative they reined in a trucking industry that appeared to be out of control. Twenty years later, the industry has transformed itself by making an uncompromised commitment to safety. And the catalyst for that metamorphosis has been the body that rose from the Grafton crash victims’ ashes – the Australian Trucking Association, otherwise known as the ATA.


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