Regulating the big, the fast and the dangerous. The emergence of dynamic, responsive regulatory learning in the Australian trucking sector.

摘要

This thesis is an investigation and analysis of responsive regulation. It draws on research into the role of regulation and a case study of regulatory innovation in the Australian trucking sector to examine what motivates agencies to introduce regulatory innovation that emphasises compliance orientated practice. The case study examines the National Heavy Vehicle Accreditation Scheme (NHVAS), which aims to encourage firms to more effectively self-regulate. The research examines the role of markets and incentives in regulatory design and how this influences participant responses to new standards and requirements. The analysis identifies changes in practice, understanding and compliance behavior that result from introducing a responsive approach to regulation and enforcement. The research asks if such change has been effective in improving compliance and road safety. More broadly, the analysis explores features that make responsive regulatory practice effective in complex and dynamic industrial sectors like trucking.This study relies on a qualitative methodology drawing on interviews with key regulators and industry participants in the sector. Data has also been obtained from document analysis and an extensive review of the academic literature on regulation.The research finds that regulatory reform in the Australian trucking sector has been significantly influenced by governments’ general support for neoliberal policies and the liberalisation of markets. Incentives have been used effectively to engage industry in a voluntary program that supports higher compliance standards and generates a stronger focus on safety. The research shows that responsive regulatory practice is far more challenging than traditional models of the responsive enforcement pyramid suggest. The evidence indicates that responsive regulatory practice is a dynamic process of engagement that relies on learning and innovation. This is significantly different to the binary and calibrated approach outlined in the literature. This study finds that a process of regulatory learning occurs as agencies and industry engage in the delivery of responsive regulatory practice. Innovations in regulatory practice, like NHVAS represent a process of dynamic responsive regulatory learning that adjusts, amends, and evolves as participants learn new ways to engage and respond to new challenges and opportunities and this contributes to improvements in standards and safety.