Evidence base means better buy-in for change

It’s good when government officials listen to industry. It means better policy and greater buy-in, if people feel they have some control over their own destiny.

It’s also good when policy, law, rules and regulations are shaped by robust evidence – it makes for credibility.

So, the Road Transport Forum (RTF) is working with Waka Kotahi NZ Transport Agency (NZTA) as it looks at developing a replacement for the Operator Rating System (ORS) that has been used by Transport Service Licence (TSL) holders to understand how the regulator views their performance around compliance. ORS formally commenced in 2004 and many questions raised about its fairness have been raised over the years **.

RTF has been involved in workshops with NZTA to talk about how the system could work best for all.

We believe carrot works better than stick when it comes to applying road safety regulations to the road freight transport industry.

Trucking companies want to see their drivers return to base safely after every journey, without incident, and with no negative impacts on the safety of other road users. We want a safety system for commercial heavy vehicle operators that is based on most people doing the right thing, but has the capacity to work with those who fall below an acceptable safety standard.

New Zealand is highly regulated and road freight transport is bound by various laws (Acts of Parliament), regulation and rules. Businesses work best when regulation allows for innovation and productivity and doesn’t hinder individual freedom. The regulatory environment in New Zealand is expensive and that means costs for the end consumers that may not compare favourably with overseas competitors.

We want to see a transparent, risk-based regulatory approach, backed by evidence. The evidence shows us for example, only seven percent of accidents are as a result of faulty machinery, while 93 percent have other causes, including driver behaviour. We wouldn’t want to see an over-emphasis on compliance around machinery and gear when we know focusing more on human behaviour and driver distraction would yield us much greater improvements in reducing accidents and incidents on our roads.

The big opportunity in reviewing the ORS is to examine the data held by NZTA, to ensure the emphasis is on the right place. The industry must have confidence in the data and its interpretation and therefore, any subsequent actions taken by the regulator.

Another opportunity arising from this process could be a co-operative compliance model where an industry master code of practice is developed in line with an ORS replacement. This could be practice and process advice to guide operators in meeting standards and achieving best practice to improve safety outcomes. Independent assessment would be a vital component of such a structure, as would regulatory oversight, and any incentive offerings for operators going beyond compliance and being able to demonstrate an improvement in safety outcomes – both individually and industry-wide.

The road freight companies who are committed to safety for their staff and service for their customers could use best practice as a selling point for their business, as more customers seek assurance around the ethics of their business partners. We believe however a new system looks, regulator recognition of better practices through incentives should be key.

An ORS replacement is about the development of a shared lens between the road freight industry and the regulator. The aim of that lens is to improve safety and ensure that regulation is fair, reasonable and effective for all parties.

Where an operator doesn’t meet the standards, and subsequently compromises safety not only of their own staff, but of other road users, we support the regulator taking the appropriate action.

The goal is to end up with fewer accidents and incidents based on good operator performance, safer roads for everyone, and a regulatory environment that allows businesses to do what they do best.

We are committed to engaging in that process.

–  Nick Leggett, CEO, Road Transport Forum

** It’s important for operators to note, while the ORS has been suspended, NZTA continues to collect data on all TSL holders and is using its own internal assessment tools to judge compliance and take appropriate actions.


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