Chain of Responsibility

1. What is Chain of Responsibility (CoR)?

The Chain of Responsibility (CoR) under the Heavy Vehicle National Law (HVNL) holds everyone in the transport supply chain accountable for safety, not just the driver. Each party must take reasonable steps to ensure their actions don’t lead to breaches of transport laws.

CoR Laws and Their Purpose

CoR laws ensure that everyone involved in the transport process shares the responsibility for compliance. Anyone who influences a transport task—like scheduling, loading, or contracting—must take steps to prevent breaches of HVNL.

What is the Primary Duty?

The Primary Duty requires businesses to do what is “reasonably practicable” to ensure safety. This includes identifying risks in transport activities, implementing control measures, and regularly monitoring safety practices. The law parallels workplace health and safety regulations, with a focus on risk management.

Executive Due Diligence

If you’re in a senior role—like a director or manager—you must exercise “due diligence” to ensure your company complies with its safety obligations under CoR. This includes understanding risks, providing resources for safety, and ensuring procedures are followed.

When Are You a Party in the CoR?

You’re a part of the CoR if you:

1. employ a heavy vehicle driver (employer)
2. engaging a self-employed driver of a heavy vehicle under a contract for services (prime contractor)
3. direct the control and use of a heavy vehicle (operator)
4. schedule the transport of goods and passengers in a heavy vehicle, or schedule a driver’s work and rest hours (scheduler)
5. consign goods for transport by a heavy vehicle (consignor)
6. receive goods delivered by a heavy vehicle (consignee)
7. pack or assemble goods for transport in a heavy vehicle (packer)
8. manage premises where five or more heavy vehicles are loaded or unloaded each day loading (manager)
9. load a heavy vehicle (loader)
10. unload a heavy vehicle (unloader)

If you perform any of these tasks, you must ensure your actions comply with the law.

Examples of CoR Breaches

CoR breaches include drivers breaking fatigue rules, speeding, exceeding vehicle weight limits, or when unsafe instructions are given to drivers. Even setting unrealistic schedules or improper loading practices can lead to CoR violations.

Role of the NHVR and HVNL

The National Heavy Vehicle Regulator (NHVR) oversees vehicles over 4.5 tonnes under the HVNL. The HVNL applies across most Australian states, setting consistent heavy vehicle laws and improving road safety.

Penalties for Non-Compliance

CoR breaches can result in penalties up to $300,000 for individuals and $3 million for businesses, along with possible imprisonment. Courts consider the role each party played in the supply chain when deciding penalties.

How to Meet CoR Obligations

You need to proactively manage risks—such as driver fatigue, vehicle maintenance, and load safety. Using technology, like fleet management systems, can help monitor and address these issues before they lead to non-compliance.

Drivers and CoR

While drivers aren’t typically part of the CoR unless they own their vehicle, their employers must ensure compliance with roadworthy standards, load limits, and fatigue regulations.

Safety Management Systems (SMS)

Though not mandatory, having a Safety Management System is a practical way to manage risks and ensure compliance with CoR. An SMS outlines how risks are identified, controlled, and monitored within the business.