From mid-2018, the Heavy Vehicle National Law (HVNL) will require that every party in the heavy vehicle transport supply chain does all that is reasonably practicable to eliminate or minimise potential harm or risk.
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. This includes farmers who contract a heavy vehicle operator to collect or receive produce or livestock to their farms.
CoR could apply when:
• heavy vehicle driver breaches fatigue management requirements or speed limits
• heavy vehicle driver breaches mass, dimension, or loading requirements
• where any instructions, actions or demands to parties in the supply chain causes or contributes to an offence under the HVNL. That includes anything done, or not done (directly or indirectly) that has an impact on compliance, for example:
> schedulers whose business practices place unrealistic timeframes on drivers which cause them to exceed their work rest options
> loading managers whose business practices, including loading/unloading times, cause the driver to exceed the speed limit.
Parties in the chain must also make sure the terms of consignment or work/employment contracts will not result in, encourage, reward or provide an incentive for the driver or other party in the supply chain (e.g. a scheduler) to break the HVNL.
Further information is available at www.nhvr.gov.au/safetyaccreditation-compliance/chain-of-responsibility/about