INNOVATIVE. SAFE. HEALTHY.
Chain of Responsibility (CoR) Law
Effective 1 October 2018. Are you ready?
A RESPONSIBILITY FOR ALL
New Chain of Responsibility (Cor) legislation
The Heavy Vehicle National Laws (HVNL) are changing on 1 October 2018. This means that requirements around Chain of Responsibility will also change. This impacts everyone in the supply chain – drivers, employers, contractors, vehicle operators, loaders or unloaders of vehicles and consignees.
The changes to the laws mean that all parties in the supply chain, including primary producers, must reduce risks related to the safety of transport tasks.
National Chain of Responsibility legislation has been in place since 2005. Under the Chain of Responsibility (CoR) laws, complying with transport laws is a shared responsibility and all parties in the road transport supply chain are responsible for preventing breaches. Anybody, not just the driver, who has control over the transport task can be held responsible for breaches of road laws and may be legally liable.
Jim is a primary producer who meets a contracted truck driver, Bill, on his farm at 7am to load cattle. While the men are loading the cattle, Jim observes that Bill is yawning frequently and complaining about the long hours he is required to work to meet the demands of his employer. Bill also appears quite relaxed about the weight of the cattle and squeezes a few more in, tipping over the weight limit of the truck.What are Jim’s obligations?
The primary producer is not required to assess a driver for fatigue, but because Jim has noticed Bill is tired and complaining about rest, he should refuse to load the vehicle and take other practical steps such as offering Bill a place to rest or contacting his manager to advise that Bill should not be on the road.
As the loader of the produce, it is Jim’s responsibility to advise the transporter of the weight with a reasonable degree of accuracy. Both Jim and Bill will be held responsible for breaching the law by knowingly over-loading a vehicle.