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The heavy vehicle industry is massive, with large trucks and other vehicles playing an essential role in the transportation of products throughout Australia. However, if left unsupervised, the industry can become chaotic. Thus, the National Heavy Vehicle Regulator (NHVR) has set vital schemes to regulate how the industry runs and ensure that it’s safe, efficient and productive.

In this article, we’ll cover one of the key schemes that the NHVR have put in place to ensure every part of the transportation service is done correctly. This scheme is called the Chain of Responsibility(COR).

What is the Chain of Responsibility?

For some, COR compliance is necessary to ensure their business operates smoothly. Essentially, the CoR ensures that every aspect of businesses that use heavy vehicles for their service is run correctly, holding each individual connected to the operation of that service accountable for their duties. There are three main aspects to the duties that we’ll cover in more detail later, but they are the primary duties, due diligence duties, and other duties that involve employees or drivers.

Under the COR, every individual who’s involved with a heavy vehicle in one way or another will have a degree of responsibility to adhere to. The concept ensures that each party of the operation is complying with regulations, allowing operations to be done properly and without issue.

Why is it needed?

Think of it this way. Have you ever heard the saying, “A chain is only as strong as its weakest link?” Well, in this case, it applies perfectly. The heavy vehicle industry is large and has many different aspects to it. You have employers or vehicle owners, drivers, customers, and anyone else involved in the running of a fleet or particular vehicle.

Each person is in part responsible for an aspect of the operation. If one job isn’t done correctly, the whole operation could suffer. Thus, the importance of CoR compliance. It holds all parties involved in the industry accountable for the responsibilities given to them and fines them if they fail to comply. This results in a safer and more productive operation in the end.

COR duties explained

Time to get into the specifics. Below, you’ll see the three main duties given to parties involved in the CoR:

Primary Duty

The primary duty is the responsibility of the company or individual who owns the vehicle or is responsible for the transportation services to ensure that the activities surrounding the service are ethical, safe and reasonably practicable.

In essence, the company responsible for transportation activities needs to do everything they can to make sure that their operations are done correctly. If not, they’ll be fined. Here are some sections of the law that the primary duty enforces:

  • All risks associated with the transport of goods must be identified and assessed
  • Solutions need to be made to reduce the risk
  • These solutions need to be put into practice and assessed for their effectiveness

Executive Due Diligence

An executive refers to an executive officer, manager, company director, or partner in a partnership involved in business management and connected to the heavy vehicle being used. They are usually responsible for ensuring the business complies with safety regulations under the Heavy Vehicle National Law (HVNL). Their due diligence duties include:

  • Staying informed about safe transport activities.
  • Understanding the business’s transport activities and associated risks.
  • Ensuring necessary resources are available to manage risks.
  • Implementing and maintaining methods to address hazards, risks, and incidents.

In this duty, executives are liable for any offences committed by their business if they knowingly authorised or permitted them.

Additional Duties

Other duties include employees and drivers. In most cases, the driver or employee wouldn’t be as responsible under the CoR but is still held liable by the employer for specific requirements.

We’d suggest that drivers or employees familiarise themselves with NHVR duties so they can represent their companies well and ensure that they comply with NHVR laws. Employees and drivers would also need to consider that they are still liable for health and safety practices under the health and safety laws in Australia.

Key parties involved

Now that we know the basic duties, let’s take a look at some of the key parties involved in the day-to-day running of heavy vehicles and how the CoR would apply to them:

  • Transport Operators: Manage day-to-day operations of heavy vehicles. They Ensure safe operation by identifying and assessing risks like driver fatigue, vehicle standards, speed, mass, dimension, and load capacity
  • Consignors and Consignees: they provide accurate information to transport operators, ensuring the safe loading and unloading of goods
  • Loading Managers: are responsible for ensuring goods are loaded correctly on vehicles
  • Drivers: operate vehicles safely and adhere to road rules and regulations
  • Maintenance Providers: check the vehicles adhere to NHVR vehicles standards and do alterations when needed
  • Schedulers and Dispatchers: are responsible for planning deliveries, routes, and the majority of the activities between departure and delivery of goods

Frequently Asked Questions

Are there penalties for not complying with the primary duty?

For vehicle owners are businesses who don’t comply with their necessary primary duties, heavy financial penalties could apply. However, the penalty will depend on how severe their non-compliance was. For instance, a penalty for an individual who isn’t compliant could result in a $300,000 fine or up to five years in prison.

How can drivers comply with the CoR?

In regards to the CoR, employees or drivers are not held liable under the law, but their employer is. It’s the responsibility of your employer to train and educate their employees on the best practices to ensure their company is compliant. However, there are some things that you can do to help them, including:

  • Using a vehicle that is well-maintained
  • Notifying them when the vehicle’s licence is outdated
  • Practising ethical driving and adhering to road laws
  • No driving recklessly or when your ability is impaired

Keep in mind that while businesses or vehicle owners are solely responsible for offences committed under the CoR law, employees still have to adhere to the rules of the road, for instance, not speeding.

 

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