Chain of Responsibility Legislation & Documentation (CoR)
Who administers the Heavy Vehicle National Law (HVNL) and Chain of Responsibility requirements?
The National Heavy Vehicle Regulator (NHVR) administers the Heavy Vehicle National Law (HVNL), overseeing the regulation of heavy vehicles across most of Australia (excluding Western Australia and the Northern Territory) for all vehicles over 4.5 tonnes gross vehicle mass (GVM). Established in 2013 as an independent statutory authority, the NHVR serves as Australia’s independent regulator for all heavy vehicles.
The key responsibilities and functions of the NHVR include ensuring compliance within the road transport supply chain to improve safety, productivity, and efficiency in the heavy vehicle industry. The NHVR develops and enforces vehicle safety standards to reduce accidents and improve road safety. Key areas of focus include vehicle standards, vehicle maintenance, mass, loading and dimension management and fatigue management, which involves implementing and monitoring regulations to ensure drivers are well-rested and capable of operating vehicles safely within their work hours. The NHVR also provide access management, which oversees the permitting process for heavy vehicle access to roads, including managing the National Heavy Vehicle Access Policy.
What is the HVNL?
The Heavy Vehicle National Law (HVNL) is a legislative framework designed to regulate heavy vehicle operations across participating Australian states and territories. Its primary objective is to enhance road safety, improve efficiency in the transport industry, and ensure consistent enforcement of standards and regulations. The HVNL covers various aspects such as vehicle standards, driver fatigue management, compliance and enforcement, and the chain of responsibility, aiming to create a safer and more efficient road transport system and decease the risk of road safety breaches.
The NHVR Authorised Officers, the Police, and the Heavy Vehicle Task Force complete on and offroad enforcement of the HVNL. They have the power to obtain documents and information as evidence of potential safety breaches. They have full search and seize powers. This usually occurs after an incident, accident or roadside interception. However, these do not need to occur for them to investigate if you are managing your safety duty.
What is the chain of responsibility?
The Chain of Responsibility (CoR), ensures all parties in the supply chain are held accountable for their role in maintaining safety and compliance. It involves not just the driver but the entire transport chain and aims to improve business efficiency by ensuring all parties in the supply chain are accountable for safety and compliance.
The Chain of Responsibility (CoR) laws place a positive responsibility on all parties within the transport supply chain to adopt proactive safety and compliance practices. This law aligns with Workplace Health and Safety standards, ensuring that anyone who has control and influence over transport tasks, including off-road parties, is held legally accountable. Under CoR, it is imperative for all involved to demonstrate that they are doing all that is reasonably practicable to ensure safety and compliance, thereby fostering a culture of shared responsibility and continuous improvement in transport safety.
Chain of Responsibility (CoR) framework
The Chain of Responsibility (CoR) framework is a regulatory approach within the heavy vehicle industry that extends legal liability to all parties involved in the supply chain who have control or influence over transport operations. It aims to ensure that safety and compliance are not solely the responsibility of just the driver. You are considered a party in the road transport supply chain if you have any influence and/or control over any transport task, this includes consignors, consignees, packers, loaders, and schedulers. By holding each party accountable for their actions and decisions, the chain of responsibility framework promotes proactive measures to manage and mitigate risks associated with heavy vehicle transport.
The key parties & their duties in the CoR under the NHVL include:
Executive Officers:
Company executives, directors, and senior managers play a pivotal role in establishing a culture of safety and compliance within their organisations. Their responsibility includes exercising due diligence to guarantee the implementation of effective safety systems and practices. In the event of any accidents or incidents, they bear a high level of liability, underlining the significance of their role in overseeing safety measures.
Transport Operators:
These are typically companies or individuals responsible for the day-to-day operations of heavy vehicles. Their duties include ensuring the safe operation of vehicles, by managing the known heavy vehicle operation risks: driver fatigue, vehicle standards, speed, mass, dimension, and load restraint, as well as monitoring and addressing any potential breaches of safety regulations.
Consignors and Consignees:
Parties who send and receive goods using heavy vehicles are also part of the Chain of Responsibility. Their responsibilities include providing accurate information to transport operators and ensuring that the loading and unloading of goods do not compromise safety.
Loading Managers:
Those who have influence or control over the loading of goods onto heavy vehicles have a responsibility to ensure that it is done safely and in compliance with the law including mass and dimension legislation.
Drivers:
Despite the absence of drivers in the CoR legislation, Drivers bear a primary responsibility to operate vehicles safely and adhere to all road rules and regulations. Additionally, it is imperative that drivers take reasonable measures to prevent safety regulation violations through their actions.
Maintenance Providers:
Organisations tasked with the upkeep of heavy vehicles are obligated to ensure compliance with the manufacturer's standards, encompassing the maintenance of heavy vehicles to always be in a safe condition. Prompt resolution of safety concerns is essential, and comprehensive evidence of service level agreements and completed work should be readily available.
Schedulers and Dispatchers:
Those who plan and coordinate transport activities must ensure that schedules do not encourage or require drivers or third parties (tow-operators and/or sub contractors) to breach safety regulations, especially regarding driver fatigue.
When could CoR apply?
The concept of the CoR and shared responsibility for compliance with road safety laws, is crucial when considering activities such as planning and managing transport operations, vehicle maintenance, and driver management. Chain of Responsibility obligations come into play when a heavy vehicle activity takes place and includes all parties involved. For example, if a company schedules a delivery without considering the driver's working hours or the vehicle's condition, all parties involved, such as the company, the logistics provider, and the driver, may be held accountable under CoR regulations. This approach aims to create a safer and more accountable transport environment by distributing responsibility across the entire transport chain and to those who have control and influence over that activity.
How to ensure that you are complying with your CoR obligations & HVNL obligations
To ensure compliance with primary duty obligations under the Heavy Vehicle National Law (HVNL), organisations must implement a comprehensive approach to safety and regulatory adherence. This involves establishing active Heavy Vehicle Safety Management Systems (SMS) for managing and monitoring compliance.
Key steps in setting up a compliant SMS include conducting thorough risk assessments to identify potential hazards and developing and enforcing policies for vehicle maintenance and driver management, and ensuring that work schedules and operations adhere to legal requirements regarding all heavy vehicle activities. Once potential hazards have been identified this allows for the business to demonstrate and show how they are doing all that is reasonably practice to eliminate that risk and where it's not possible, how they are minimising that risk.
Additionally, maintaining accurate records and documentation and regularly reviewing compliance practices can help in promptly addressing any issues and demonstrating adherence to the HVNL. Engaging with legal experts or consultants who specialise in transport law can further enhance understanding and implementation of primary duty obligations, ensuring that all SMS of the law are effectively integrated into daily operations.
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What are the most common breaches of the HVNL?
The most common breaches of the Heavy Vehicle National Law (HVNL) typically include:
The driver of the vehicle failing to comply with required rest periods and work hours, leading to driver fatigue and impaired performance.
Neglecting regular vehicle maintenance and safety checks, resulting in vehicles being poorly maintained that may pose safety risks to roads and or people.
Failure to have proper load restraints in place, causing unsafe load shifts or spills, which can endanger road safety and infrastructure.
Exceeding and overloading on legal weight limits for vehicles or loads, which can compromise vehicle safety and cause excessive wear on road infrastructure.
Insufficient or inaccurate records and documentation related to driver hours, vehicle inspections, and maintenance, making it hard to demonstrate compliance.
Inability to provide adequate training for drivers and management on HVNL requirements and safety practices.
Failing to demonstrate that relevant employees are inducted and training into current policies and procedures, including having processes to maintain a skilled workplace
Addressing these common breaches involves implementing effective management systems, providing proper Chain of Responsibility training, and regularly reviewing compliance practices to ensure adherence to the HVNL.