tca iap certified

What do you need to know as a Transport Operator?

 

Do you need the IAP?

As a transport operator, before you make a decision to use the IAP, you need to decide if the IAP provides a financial or operational benefit to you.

The IAP may be relevant to you if:

  • Your business could benefit from carrying more mass
  • Your business could benefit from operating longer vehicles
  • You would like to gain access to a specific road or network
  • You could benefit from operating with additional trailers
  • You would like to operate during specific hours
  • You would like to replace paper-based permits
  • You would like to be acknowledged as a compliant operator
  • You would like to demonstrate to your customers your commitment to meeting your chain of responsibility obligations

These examples are just some of the issues you may be able to address by participating in the IAP.

Contact the relevant road agency to discuss your needs and find out more about whether the IAP can provide a solution for you. [Top]

How much does it cost?

The cost of being monitored under the IAP is negotiated by the Transport Operator with their chosen IAP Service Provider. [Top]

Getting Started in the IAP

There are seven easy steps to getting started in the IAP:

  • Step 1 – Identifying the road access required
  • Step 2 – Applying for an Intelligent Access Condition (IAC)
  • Step 3 – Issuing an Interim IAC by the relevant road agency
  • Step 4 – Selecting an IAP Service Provider and entering into an IAP Service Provider / Transport Operator Agreement with their chosen IAP Service Provider. (Note: This step is undertaken for the first IAP Application).
  • Step 5 – Installing the IAP equipment
  • Step 6 – Assessment and completion of the IAC
  • Step 7 – Commencing monitoring and informing drivers

These steps are outlined in full in the Transport Operator and Driver Guidelines

[Top] 

Operating in the IAP

The IAP has the capability to monitor three parameters - route, time and speed.

This means that the IAP Service Provider is capable of determining whether the vehicle has:

  • Been somewhere other than the permitted route
  • Travelled on a permitted route but at a prohibited time
  • Exceeded the speed condition stipulated by the road agency.

Monitoring of vehicle route compliance is required under all IAP Applications. Monitoring of other parameters is optional, depending on whether the road agency requires these parameters for the particular IAP Application.

The IAP also includes a self-declaration function which allows the driver or transport operator to manually declare any additional information that may explain non-compliant behaviour. Self-declared information is forwarded to the road agency by the IAP Service Provider as part of the non-compliance report.

The self-declaration function is an important feature of the IAP and should significantly reduce compliance costs for transport operators and road agencies.

The IAP Service Provider will begin monitoring the vehicle on the commencement date specified in the Intelligent Access Conditions (IAC) and report any non-compliant activity against the IAC to the relevant road agency. [Top]

Obligations to Drivers

When operating vehicles in the IAP, a transport operator has two main obligations to drivers:

  • To inform drivers that a vehicle is participating in the IAP
  • To inform drivers of their obligations as a driver of an IAP vehicle

These and other obligations are explained in more detail in the Transport Operator and Driver Guideline – Getting started in the IAP.

Transport operators should become familiar with all their obligations to their drivers, as failure to adhere may result in penalties being imposed. [Top]

Obligations to IAP Service Providers

A transport operator must enter into an IAP Service Provider/ Transport Operator Agreement with their chosen IAP Service Provider. This document sets out the obligations of each party. When operating vehicles in the IAP, a transport operator has two main obligations to:

  • Notifying the IAP Service Provider immediately of any malfunctions and/or tampering with the in-vehicle unit or self declaration input device
  • Ensuring that information provided to the IAP Service Provider is not false or misleading

These and other obligations are explained in more detail in the Transport Operator and Driver Guideline – Getting started in the IAP.

Transport operators should become familiar with all their obligations to their IAP Service Provider, as failure to adhere may result in a breach of the IAP Service Provider / Transport Operator Agreement or penalties being imposed.

  [Top]

Requirements to Road Agencies

When operating vehicles in the IAP, a transport operator must :

  • Ensure their vehicles comply with the applicable IAC's agreed to with the relevant road agency
  • Notify the road agency - within the time specified by the agency - of any changes to their operations that may affect their eligibility to participate in an IAP Application
  • Notify the road agency of any malfunctions with the in-vehicle unit, self-declaration input device and or trailer identification device
  • Notify all relevant road agencies if they end their IAP Service Provider / Transport Operator Agreement with their IAP Service Provider

These obligations are explained in more detail in the Transport Operator and Driver Guideline – Getting started in the IAP.

Transport operators should become familiar with all their requirements to their IAP Service Provider, as failure to adhere may result in a breach of the IAP Service Provider / Transport Operator Agreement or penalties being imposed. [Top]

IAP Applications

An IAP Application is the generic term used to describe specific uses of the IAP by Road Agencies. Additionally Transport Operators can use the IAP to negotiate enhanced road access conditions with Road Agencies.

Please see the "Find an IAP Application?" section of this website.

 [Top]

Compliance

The IAP is capable of monitoring a vehicle's compliance to the conditions set by the road agency through the IAC.

Although a vehicle operating in the IAP is monitored continually, road agencies are only interested in data that demonstrates the vehicle's non-compliance with its conditions of access. [Top]

Non-Compliance

If a vehicle is detected as being non-compliant, the IAP Service Provider generates a non-compliance report - also referred to as an NCR - which is then sent to the relevant road agency.

The issuing of a non-compliance report does not necessarily mean an offence has occurred.

All non-compliance reports will be treated on a case-by-case basis, with the relevant road agency deciding whether any action is warranted. The road agency may determine that there may have been a legitimate reason for a detour, such as changed road conditions caused by an accident. [Top]

Leaving the IAP

At any time, a transport operator may decide to opt-out of an IAP Application. Likewise, the issuing road agency may cancel an IAC.

A vehicle's participation in an IAP Application can cease in one of two ways:

  • the IAC expires because the IAC Cessation Date has passed
  • the IAC is cancelled prior to its Cessation Date
  • the termination of the IAP Service Provider / Transport Operator Agreement. [Top]

Malfunctions

If a transport operator becomes aware that the in-vehicle unit self-declaration input device or trailer identification device in an IAP vehicle is malfunctioning, the transport operator must immediately inform the IAC-issuing road agency and the IAP Service Provider of the malfunction either in person or by radio, telephone, fax or email.

A malfunction is when the in-vehicle unit or the self-declaration input device either stops working or works irregularly, or when it does not perform the functions that are required under the IAP which may provide inaccurate or unreliable results.

The Transport Operator and Driver Guideline has more information about dealing with malfunctions. [Top]

Tampering

It is an offence to tamper with the in-vehicle unit, the self-declaration input device, or the trailer identification device. Tampering includes negligent or reckless conduct that results in the system failing to collect, store or report IAP information.

If a transport operator becomes aware of tampering they must immediately notify the IAP Service Provider.

The Transport Operator and Driver Guideline has more information about dealing with tampering. [Top]

Legislation

The National Transport Commission (Model Legislation - Intelligent Access Program) Regulations 2006 provides the legal and privacy framework for the IAP.

Road agencies will use the model Bill set out in the schedule to these Regulations to develop their own local legislation implementing the IAP. [Top]

Chain of Responsibility

Chain of responsibility requirements in road transport laws now mean that everyone involved in the road transport supply chain - the consignor, consignee, packer, loader and receiver, as well as the driver and operator - can be held responsible for breaches of road laws and may be legally liable. These parties must take all reasonable steps to prevent their conduct from causing or contributing to a breach.

Participating in the IAP and being monitored for compliance is one way transport operators can demonstrate to customers they are committed to meeting their chain of responsibility obligations.

Similarly, customers may decide that using a transport operator being monitored under the IAP is a way for them to show their own commitment to meeting chain of responsibility obligations. In this case it is possible IAP participation becomes something customers look for when selecting a transport operator. [Top]

Protecting your Information

The conditions that apply to the collection, use and disclosure of information under the IAP are designed to provide the highest order protection of information privacy. They are set out in each jurisdiction's IAP legislation and are founded on the Information Privacy Principles set out in the Commonwealth Privacy Act 1988. [Top]