What is the Chain of Responsibility?
Introduced in October 2018, the chain of responsibility (CoR) law recognises that everyone in the transport supply chain shares responsibility for compliance with the Heavy Vehicle National Law (HVNL), from the owner right through to the driver.
Prior to the introduction of this law, drivers were considered responsible for most heavy vehicle breaches, such as speeding or driving beyond regulated hours. However, this approach failed to recognise the actions of others in the supply chain that also contributed to these breaches.
The CoR law applies legal liability to any party in the chain of responsibility with control or influence over transport safety. This means all parties in the supply chain must take positive steps to prevent a breach of the HVNL, whether that relates to scheduling, loading, operating, or contracting transport and logistics services.
As a logistics supplier, we take our responsibility under the CoR law seriously and have policies and procedures in place to ensure ongoing compliance with national legislation. We’ve developed this overview of the CoR to explain our commitment to improving safety along the entire supply chain.
Parties in the Chain of Responsibility
We are committed to ensuring every party in our supply chain understands their responsibility and actively works towards preventing breaches. The National Heavy Vehicle Regulator (NHVR) recognises the following parties in the CoR:
● the employer of a driver
● the prime contractor for the driver (if the driver is self-employed)
● the operator of the vehicle
● the scheduler for the vehicle
● the loading manager for any goods in the vehicle
● the loader and/or unloader of a vehicle
● the consignor of any goods for transport by the vehicle
● the consignee of any goods in the vehicle
● the loader and/or unloader of any goods in the vehicle.
Under CoR law it’s, illegal to enter into contracts that would cause a driver of a heavy vehicle or a party in the chain of responsibility to break the law. As part of our commitment to the CoR, we will not agree to supply services that could cause a breach of the NHVL and we will refuse to fulfil customer requests that could lead to a breach.
Examples of the Chain of Responsibility in Action
Under the CoR, there are multiple ways parties can be responsible for a breach. To give you an idea of how the CoR works in action, here are a few examples.
A driver exceeds regulated driving hours due to the unrealistic contractual arrangements entered into by the consignor. In line with the CoR law, the party responsible for entering into this arrangement, the consignor, is also responsible for this breach.
A driver exceeds the speed limit to meet the demanding deadlines put in place by the scheduler. Again, in line with the CoR law, the scheduler would also be responsible for this offense, acknowledging their role in causing the driver to breach the NHVL.
When considering prosecution, the courts may consider the actions of each party in the supply chain, including what measures they put in place to prevent breaches occurring and whether they did all that was reasonably practicable to ensure transport safety. For more information on the CoR, consult the National Heavy Vehicle Regulator website.
At PJ’s, we’re committed to ensuring our business practices, instructions, and actions do not contribute to breaches under the HVNL. Prioritising safety, reliability, and compliance, our aim is to deliver the best possible outcome for you, every single time.
As the Top End’s preferred logistics supplier, PJ’s is here to safely coordinate your freight and transport needs. Email us logistics@pjscustoms.com.au or give us a call on 1300 395 760 for more information on our commitment to the CoR and transport safety.