ROAD TRANSPORT: CHAIN OF RESPONSIBILITY
Information session attended by Tony Tamburro, Conundrum Holdings
The Chain of Responsibility currently applies under driving hours and dangerous goods regulations. New provisions in the Road Safety Act 1986, mean that as of 30 September 2005 the Chain of Responsibility also applies to mass and dimensions limits and load restraint requirements.
The Chain of Responsibility means that anybody who has control in a transport operation can be held responsible for breaches of road laws and may be legally liable. In other words, if you use road transport as part of your business, you share responsibility for ensuring breaches of road laws do not occur. If a breach of road transport law occurs due to your action, inaction or demands, you may be legally accountable.
Consignor/Receiver – have the responsibility for ensuring that any demands made do not require a truck driver to exceed permitted driving hours; fail minimum rest periods, or exceed the speed limit Goods carried on your behalf must not exceed vehicle dimension limits, not cause vehicle mass limits to be exceeded and must be appropriately secured.
Loader/Packer – have the responsibility for ensuring that documentation about the load is not misleading and that you do not cause the gross weight or any safety approval rating to be exceeded
Driver – has a responsibility to ensure that he:
- Adheres to the driving hours regulations
- Takes the required rest breaks
- Records driving hours as required
- Does not allow the vehicle mass limits to be exceeded
- Does not allow the vehicle/load to exceed the dimensional limits
- Appropriately restrains his load
- Does not exceed the speed limit
- Does not tamper with any equipment required to be fitted to the vehicle
Operator/Manager or Scheduler – must ensure that rosters and schedules do not require drivers to exceed driving hours, regulations or speed limits; that vehicles do not exceed mass or dimensional speed limits; that appropriate restraint equipment used; and maintain records of driver activity, work and rest times.
In summary, we must demonstrate that all reasonable steps have been taken to prevent a breach occurring and avoid arrangements which encourage or reward non-compliance.
Compliance with an industry Code of Practice will demonstrate that you have taken all reasonable steps.
The new laws become effective from 30 September 2005. Additional information is available from VicRoads or www.vicroads.vic.gov.au
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