A guide to the chain of responsibility

By regulating the heavy vehicle transportation industry, the CoR has made a huge difference in limiting heavy vehicle accidents on the roads. That said, many people are still unfamiliar with the CoR and the other aspects related to it. For that reason, we’ve put together a short guide of all the essential info you need if you’re in or thinking of joining the heavy vehicle industry.

What we’ll discuss:

• The National Heavy Vehicle Regulator
• The Heavy Vehicle National Law
• The Chain of Responsibility

What is the NHVR?

The National Heavy Vehicle Regulator is a government agency in Australia that is responsible for regulating the heavy vehicle industry in Australia. To be more specific, the NHVR regulate vehicles that exceed 4.5 tonnes of gross vehicle mass. The reason the NHVR exists is to ensure that the Australian roads are safe for all drivers on them, that heavy vehicles are used in an effective way, and that the road infrastructure in Australia is well-maintained.

What is the HVNL?

The Heavy Vehicle National Law is exactly what its name suggests; it’s a law enforced by the NHVR that applies to the heavy vehicle industry across Australia and every territory. The aim of the HVNL is as follows:

• To assist with harmonising laws across  participating states
• To improve safety, efficiency, and productivity throughout the whole industry

What is the Chain of Responsibility?

The Chain of Responsibility laws align with the Workplace Health and Safety legislation. Relevant heavy vehicle transport parties must do what is reasonably practicable, considering the degree to which a party has influence and control over the transport task/s. This includes off-road parties

Under previous regulations in Australia, drivers often bore legal liability if something went wrong, even if they had little control over the factors that contributed to the breach. This approach was considered unfair, as drivers could be held liable for breaches caused by others in the supply chain, such as fleet managers, consignors, or loading personnel. The current CoR legislation ensures a shared responsibility across all parties involved in heavy vehicle activities. These parties must understand how their actions, inactions and demands affect others.

The goal of the CoR

The CoR’s goal is to ensure that all those involved in the transportation supply chain are accountable for safety and compliance. Now, the driver isn’t the only one held responsible if there’s an offence caused, rather, all relevant supply chain parties have a shared responsibility under the CoR primary duty requirement.

Who’s involved in the Chain of Responsibility?

Those involved in the CoR include the employer, manager, or executives. Responsible business practices start at the top, executives, including people with management responsibilities, have a legal due diligence requirement. As they have a high level of control over business decisions and operators, additional CoR requirements must be understood and complied with.