The Chain of Responsibility in Road Transport

Changes to the Heavy Vehicle National Law (HVNL) are set to be introduced in mid-2018. Participants in the supply chain and their executive officers should be aware that these changes will affect their primary duty, executive officer liability, penalties and defences and take action to manage the obligations imposed under the amended legislation.

The Chain of Responsibility (CoR) is a set of specific obligations imposed under legislation on participants in the supply chain where goods are to be transported by road at some point throughout their journey. The CoR is designed to include persons at all stages of the supply chain from operators and packers to employers, contractors and executive officers.

Persons with responsibilities under the HVNL include (but are not limited to) a driver or operator of a heavy vehicle, an employer or prime contractor of the driver, a shipper of goods for road transport using a heavy vehicle, a loading manager for any goods in the vehicle, and a loader of any goods in the vehicle. The HVNL imposes certain obligations on these parties with respect to, among other things, fatigue management, maximum permissible mass and dimensions of vehicles, and load restraint.

Each party must ensure, so far as is reasonably practicable, that its conduct does not cause or encourage the driver or any other party to breach any CoR Laws.

Security Guidance for Truck Drivers and Operators
Terrorist groups continue to encourage the use of vehicles in attacks in Australia and around the world. While law enforcement agencies are working hard to prevent attacks, securing vehicles and having a better understanding of security will make a valuable contribution to these efforts.

The reasons terrorists go for vehicle attacks are: They don’t need a lot of planning; Attacks can be carried out with little or no warning and can have a devastating impact; Trucks and other commercial vehicles are easy to access. Terrorist groups have encouraged the theft, purchase, rental or borrowing of vehicles for use in attacks.

Drivers are advised to:
– Lock vehicles at all times and keep your keys safe.
– Know where your vehicle is and who has access.
– Know your load: Is it secure? Is it something of value to terrorists? Check it regularly, especially when you have been away from your vehicle.
– Don’t pick up hitchhikers.
– Have a security plan, so you know what to do if something happens.

Check in, if you don’t already as part of your fatigue management plan, then consider using a reporting system during or on completion of a job to confirm the safety of the driver and the location of the vehicle.

The general terrorism threat level for Australia remains PROBABLE.