The MTA has endeavoured to provide a simple approach to safety for the heavy vehicle transport industry in order for you to comply with the introduction of new National Heavy Vehicle Regulator (NHVR) requirements.
Changes to the Chain of Responsibility (CoR) laws are arriving on 1 October 2018. These changes align CoR laws more closely with workplace health and safety laws.
If you consign, pack, load, receive goods by way of repair, lease or sell with heavy vehicles with a GCM in excess of 4 tonnes as part of your business, you could be held legally liable for breaches of the Heavy Vehicle National Law (HVNL) even though you have no direct role in driving or operating a heavy vehicle. In addition, corporate entities, directors, partners and managers are accountable for the actions of people under their control and this is where the CoR laws will have an impact on your business.
The aim of CoR is to make sure everyone in the supply chain shares responsibility of preventing breaches of the HVNL from occurring. Under CoR laws, if you are a party in the chain of responsibility and you exercise (or have the capability of exercising) control or influence over any transport task, you have a responsibility to ensure the HVNL and regulations are complied with.
The law recognises that multiple parties may be responsible for offences committed by the drivers and operators of heavy vehicles. A person may be a party in the supply chain in more than one way. For example, they may have duties as the employer, the operator and the consigner of goods.
Legal liability applies to all parties for their actions or inactions.
The parties in the CoR for a heavy vehicle are:
- an employer of a driver
- a prime contractor for a vehicle if the vehicles driver is self-employed
- an operator of the vehicle
- a scheduler for the vehicle
- a loading manager for any goods in the vehicle
- a loader and/or unloader of a vehicle
- a consignor of any goods for transport by the vehicle
- a consignee of any goods in the vehicle
- a seller, repair or lessor of a heavy vehicle.
Parties in the chain must also make sure the terms of consignment or work and employment contracts will not result in, encourage, reward or provide an incentive for the driver or other party in the supply chain to break HVNL.
The MTA is developing a training session for the NHVR CoR requirement which is set to start running in August. This course will run for approximately three hours and would be essential for any employee who has a role in a CoR.
Given the large amounts of people involved in a supply chain, the MTA is able to provide this training on site where required. If you would like to put your name down as an expression of interest for this course, please email the MTA’s Workplace Relations team by clicking here or by calling 8291 2000.
The NHVR CoR Policy Package is $295 for MTA members.