The National Heavy Vehicle Regulator (NHVR) has commenced its first prosecution under Chain of Responsibility (CoR) laws, laying charges against a company and its director for failing to exercise due diligence to ensure his company complied with its safety duty.
The Victorian trucking company and its director failed to comply with conditions of fatigue management accreditation.
NHVR Executive Director Statutory Compliance Ray Hassall, said, “We know that drivers are constantly put under pressure at the depot or the loading dock and we want to hold the people responsible accountable.”
“The investigation was triggered in response to information provided to the NHVR through the Heavy Vehicle Confidential Reporting Line (HVCRL), and other information available to the NHVR in assessing the risk the operator posed to safety."
The matter is listed to be heard in Dandenong Magistrates Court on 20 February 2020.
If you have any concerns about your obligations under CoR laws, click here to contact the MTA’s Workplace Relations team for training or advice.
You are reminded that people and companies within the Chain of Responsibility include: drivers, owners, consigners, schedulers, loaders, packers and unloaders of heavy vehicles and to be liable, there needs to be a transport activity undertaken, even if you don’t have a direct role involving a heavy vehicle. A transport activity could include:
- Receiving goods unloaded from a vehicle;
- Packing goods into a vehicle;
- Contracting someone to drive a vehicle;
- Directing someone to drive a vehicle;
- Repairing a vehicle;
- Leasing a vehicle; or,
- Selling a vehicle.