G&B Lawyers Update - Chain of Responsibility

G&B Lawyers Update

In light of recent accidents involving heavy vehicles on our roads, we have prepared this short update to remind all transporters of their Chain of Responsibility duties.

Chain of Responsibility (CoR) means that every person who has control in the transport supply chain has a responsibility to ensure the safe and legal transport of goods on roads.

The CoR includes:

• Employer of vehicle’s driver (if driver is employed);
• Prime contractor for vehicle’s driver (if driver is self-employed);
• Operator of the vehicle;
• Schedulers for the vehicle;
• Loading manager for any goods in the vehicle;
• Commercial consignor of any goods for transport by the vehicle that are in the vehicle; and
• A consignee of any goods in the vehicle.

Motorcyclist fatality at Homebush West

Earlier this month, a motorcyclist died when her vehicle collided with a truck. The day after the accident, police, the Environment Protection Authority and Roads and Maritime Services inspected the fleet of trucks of the company whose truck was involved in the crash. Police issued defect notices for a number of trucks for worn tyres, defective brakes and worn suspension. Officers issued three infringements to the owner for permitting defective trucks to be driven.

Legal requirements

The Heavy Vehicle National Law provides that:

• A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a heavy vehicle standard applying to the vehicle; and
• A person must not use, or permit to be used, on a road a heavy vehicle that is unsafe.

Heavy vehicles need to comply with standards prescribed by legislation and any other practices that ensure that the vehicle is safe for operation on the road.

How do I protect myself, my employees and my organisation?

We recommend that owners and operators of trucks, contractors for self-employed drivers, schedulers for vehicles and any other party listed in the above CoR, have procedures in place to check and inspect heavy vehicles to ensure they comply with relevant standards and best practice to ensure vehicles are safe to operate.

The Heavy Vehicle Inspection Checklist and the Heavy Trailer Inspection Checklist may be used as guides.

For any questions on your responsibilities as part of the CoR, please contact us.

G&B Lawyers

Office: Suite 1, Level 1, 229 Macquarie Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528 | 0411 067 367

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au