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The introduction of the Road Transport Reform (National Compliance and Enforcement Bill) Regulation in 2003 meant that for the first time, all parties in the road transport supply chain
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The introduction of the Road Transport Reform (National Compliance and Enforcement Bill) Regulation in 2003 meant that for the first time, all parties in the road transport supply chain – the consignor, consignee, packer, loader and scheduler, drivers, owner-drivers and operators as well as directors, partners and managers – could be held responsible for their actions (or inactions) relating to breaches of the road transport, fatigue, speed, mass, dimension and load restraint laws.
The Chain of Responsibility is designed to: • improve compliance outcomes for road safety, infrastructure and the environment, • minimise the adverse impacts of road transport on the community, and • minimise unfair competitive advantage within the heavy vehicle industry.
If your organisation forms part of the Chain of Responsibility then you are legally required to ensure any action or inaction taken by you does not contribute to or encourage breaches of road transport laws.
Below are some responsibilities that you or members of your organisation may have under the NHVL, and you are required to have systems in place to ensure and evidence (documentation and records) your compliance with the requirements below and the transport laws.
Operator or Manager Responsibilities As an operator or manager of a business involved in road transport, your responsibilities include ensuring you: • rosters and schedules do not require drivers to exceed driving hours regulations or speed limits,
keep records of your drivers’ activities, including work and rest times, • take all reasonable steps to ensure drivers do not work while impaired by fatigue or drive in breach of their work or rest options,
vehicles are regularly maintained (records held), and if speed limiters are fitted they are functioning properly, • drivers are medically fit to drive (including ensuring drivers are not affected by fatigue, drugs or alcohol),
vehicles are not loaded in a way which exceeds mass or dimension limits, • drivers moving freight containers have a valid Container Weight Declaration, and • loads are appropriately restrained with appropriate restraint equipment (see the National Transport Commission’s Load restraint guide for more information).
Driver Responsibilities As a driver your responsibilities include ensuring you: • comply with relevant fatigue management work and rest laws and procedures to implement them, • make sure you make the most of your rest breaks by sleeping in dark, quiet and comfortable places,
respond to changes in circumstances (such as delays) and report these to your base (if possible) to implement short-term fatigue management measures, • do not operate a vehicle if you are affected by fatigue, drugs or alcohol,
conduct daily vehicle checks to ensure maintenance schedule is current and vehicle is roadworthy, • reporting and resolving any vehicle defects immediately, • ensure restraint equipment is appropriate to the load and in serviceable condition,
ensure your vehicle does not exceed mass or dimension limits, • ensure your load is appropriately restrained, and • accurately complete log books and other records as required by law.
