Introduction and Purpose
What is Chain of Responsibility
The aim of CoR is to make sure everyone in the supply chain share equal responsibility for ensuring breaches of the Heavy Vehicle National Law (HVNL) do not occur. Under COR laws if you exercise (or have the capability of exercising) control or influence over any transport task, you are part of the supply chain and therefore have a responsibility to ensure the HVNL is 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.
This is the ‘chain of responsibility’ (CoR).
The Chain of responsibility (CoR) laws (HVNL) encompass heavy vehicle:
• Mass, dimension and load restraint requirements;
• Speed, Fatigue Management; and
• Vehicle standards and maintenance
The Heavy Vehicle National Law (HVNL) and regulations commenced in the Australian Capital Territory, New South Wales, Queensland, South Australia, Tasmania and Victoria on 10 February 2014. In addition to passing the HVNL, states and territories agreed to four regulations made under the national law. Although Western Australia has not commenced the HVNL at this time, all Direct Couriers branches including Direct Couriers WA will comply with our company CoR Policy for all sized vehicles in our fleet.
Parties in the Chain of Responsibility are (but not limited to):
This Procedure sets out the control mechanisms for eliminating or, where elimination is not practicable, mitigating the hazards associated with heavy vehicle operation, and compliance with the Heavy Vehicle National Law (HVNL) Chain of Responsibility. The purpose of this Procedure is to outline the specific Chain of Responsibility (CoR) controls and to demonstrate that all reasonable steps have been taken to meet these requirements.
The scope of this Procedure covers all National Camper Trailers controlled areas including office depots, worksites, all transport activities where heavy vehicles may operate.
Currently, under the HVNL, all parties who have control or influence over the transport task are deemed responsible for complying with CoR obligations.
All parties must take all reasonable steps to prevent breaches of mass, dimension, loading, speed and fatigue laws. Make sure your actions, inactions or demands do not contribute to, or encourage, breaches of the HVNL.
A party in the chain of responsibility includes any person who undertakes defined roles outlined in the HVNL, who can influence or control transport-related activities. This section sets out responsibilities for several parties in the supply chain, but it is not an exhaustive list.
The CoR applies to:
Loading manager/person responsibilities
Management of the CoR system is delegated to those managers and supervisors with a direct link or line authority for the management of heavy vehicles or loads.
Over Size Over Mass Management
Any oversize loads which do not fall under the NHVR Load Carrying Vehicle Mass Exemption July 2016 must operate under the appropriate permit.
Fitness for Work and Driving Hours
Work Managers/Supervisors must ensure drivers are fit to operate a heavy vehicle and prevent driving if it is believed the driver is not fit.
Drivers must indicate each day at the start of work that they are fit (not impaired by drugs, alcohol or fatigue) and legally be able to drive (driving hours to complete shift).
Induction and Training
The site specific induction process includes checking drivers hold a current licence. Site specific induction shall include the relevant details of the project specific CoR controls and any related hazards and occurrences. Site Meetings are to include CoR performance including any non-compliance.
Communication and Resources
The Manager, Supervisor or delegate will be responsible for ensuring maintenance of current information and legislation relating to CoR and disseminating this to all relevant stakeholders.
Contractors and suppliers utilising heavy vehicles working for, or supplying product and materials to National Camper Trailers workplaces shall be assessed to have adequate CoR management systems in place prior to engagement. At post engagement, an appropriate level of monitoring shall be undertaken to confirm system implementation.
Hazard and Occurrence Reporting
Where hazards or breaches to policy are identified such as a fatigued driver, overloaded vehicle, over dimension vehicle without appropriate warning devices, speeding vehicle and unrestrained or poorly restrained loads, the details shall be entered onto a National Camper Trailers incident report and any breach has been investigated and closed out.
Where the regulator issues a driver with a Heavy Vehicle Breach Report, Vehicle Defect Notice, Direction to Secure and Adjust or Reduce Load for transport activities associated with the project, the driver shall notify the supervisor who shall report to their manager.
Audits / Inspections
The relevant manager shall undertake an inspection of vehicles and CoR practices at least monthly.
The inspections and verifications shall address:
• Heavy vehicle condition
• Safety work practices
• Correct loading/unloading practices
• Load restraint/tarpaulins
• Work Diary and Running Sheet completion
• Completion of pre-start checks by vehicle operators.
• Ensure any breaches of non-conformance have been documented and closed out.
The safety of all road users hinges upon the proper maintenance of heavy vehicles. Heavy vehicle drivers/operators are required to ensure their vehicles/or fleet are free from defects, mechanically safe and in proper working order before a vehicle enters the road network.
HVNL regulations – Refer to the following Direct Couriers documents
Heavy Vehicle National Law
Information in regard to Heavy Vehicle National Law and regulations can be found at:
Additional information is available from Road and Transport Authority website: http://www.rta.nsw.gov.au/heavyvehicles/downloads/compliance_and_enforcement_-_chain_of_responsibility.pdf
The National Transport Commission has developed Guidelines for Managing Heavy Vehicle Driver Fatigue. The guidelines are designed for drivers, employers, operators and schedulers, as well as Chain of Responsibility Statement users and customers of road transport. They provide guidance on managing heavy vehicle driver fatigue and on the responsibilities of each of party. They are available at the National Transport Commission website www.ntc.gov.au. or www.nhvr.gov.au/law-policies/heavy-vehicle-national-law-and-regulations
Heavy Vehicles Driver Handbook can be downloaded : http://www.rms.nsw.gov.au/documents/roads/licence/heavy-vehicle-driver-handbook.pdf
Load Restraint Guide can be downloaded:
Industry Codes of Practice
Compliance with the law can also be shown through application of Registered Industry Codes of Practice. Industries can access the national Guidelines for Developing and Registering Industry Codes of Practice at www.austroads.com.au
WA Heavy vehicle rules can be viewed:
National Driver Standard Hours
Driver Work & Rest Chart Guide
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