National Heavy Vehicle Regulation – Summary of Amended Law

DR ELIZABETH GIBSON, General Manager of CMPA, summarises the changes to the NHVR.

The National Heavy Vehicle Regulator (NHVR) looks after one rule book for heavy vehicles over 4.5 tonnes gross vehicle mass. Chain of Responsibility (CoR) regulations have been in place since 10 February 2014, however, not in WA or NT. Changes to the CoR laws are coming in mid-2018. The Heavy Vehicle National Law (HVNL) will be amended to provide that every party in the heavy vehicle transport supply chain has a duty to ensure the safety of their transport activities. These changes align CoR laws more closely with workplace health and safety laws as shown below.

HVNL and Occupational Health and Safety Act (OH&S Act)

26C Primary duty – HVNL

• (1) Each party in the chain of responsibility for a heavy vehicle must ensure, so far as is reasonably practicable, the safety of the party’s transport activities relating to the vehicle.

21 Duties of employers to employees – OH&S (Victoria)

• (1) An employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.

Section 23 subsequently extends that duty to include persons other than employees are not exposed to risks to their health and safety.

26C Primary duty – HVNL

• (2) Without limiting subsection (1), each party must, so far as is reasonably practicable—(a) eliminate public risks and, to the extent that is not reasonably practicable to eliminate public risks, minimise the public risks … (b) party’s conduct … cause or encourage (driver to contravene, driver to exceed speed limit, another {incl. party in the COR} to contravene)

20 The concept of ensuring health and safety – OH&S (Victoria)

• (1) To avoid doubt, a duty imposed on a person by this Part or the regulations to ensure, so far as is reasonably practicable, health and safety requires the person –
  • to eliminate risks to health and safety so far as is reasonably practicable; and
  • if it is not reasonably practicable to eliminate risks to health and safety, to reduce those risks so far as is reasonably practicable.

26C Primary duty – HVNL

• (3) For subsection (2)(b), the party’s conduct includes, for example—
  • the party asking, directing or requiring another person to do, or not do, something; and
  • the party entering into a contract –
    • with another person for the other person to do, or not do, something; or
    • that purports to annul, exclude, restrict or otherwise change the effect of this Law.

21 Duties of employers to employees – OH&S (Victoria)

• (3)(b) the duties of an employer under those subsections (1&2) extend to an independent contractor engaged by the employer, and any employees of the independent contractor, in relation to matters over which the employer has control or would have control if not for any agreement purporting to limit or remove that control.

What does this all mean? If you consign, pack, load or receive goods as part of your business, you could be held legally liable for breaches of the Heavy Vehicle National Law (HVNL) even though you have no direct role in driving or operating a heavy vehicle. In addition, corporate entities, directors, partners and managers are accountable for the actions of people under their control. This is the CoR. The HVNL will be amended to provide that every party in the heavy vehicle transport supply chain has a duty to ensure the safety of their transport activities.

CoR requirements and legal responsibilities will now also extend to heavy vehicle standards and maintenance, and the liability of executive officers will broaden to require due diligence for safety
across the entire HVNL.

Undertakings and penalties

Penalties for breaches of a primary duty will be similar to those under workplace health and safety laws, set at:

• a maximum fine of $3 million for a corporation
• $300,000 or five-years imprisonment, or both, for a person.

Under the new CoR laws, penalties will be based on the severity of the risk posed by an offence. The new law will also introduce enforceable undertakings as an intervention option. These are agreements signed by a party who has breached CoR requirements, stating they will take specific steps to ensure that their business complies with the law.

At CMPA’s workshop on Traffic Management there was discussion around the role of the sales loader and weighbridge operator in assessing the road worthiness of a truck. It was pointed out that the sales loader and weighbridge operator would not be qualified for this task. CMPA is waiting for VicRoads/NHVR to respond to this important issue.

For further information on your responsibilities and the changes to CoR see www.nhvr.gov.au

You must be logged in to post a comment Login