Chain of Responsibility Offences - Big Rig Law Experts in Heavy Vehicle Law

Chain of Responsibility Offences:

What Everyone Involved with Heavy Vehicles Needs to Know

The trucking industry is the backbone of Australia’s economy, moving goods across the country every day. However, with that responsibility comes a strict set of regulations that truck drivers, companies, and everyone involved in the supply chain must follow. One of the most significant frameworks regulating this industry is the Chain of Responsibility (CoR) laws.

These laws don’t just affect drivers—they hold everyone in the transport chain accountable for ensuring that road safety and compliance rules are followed. Whether you’re a driver, owner, operator, scheduler, or loader, you could face serious penalties if these rules are breached. This article will break down what Chain of Responsibility offences are, what to do if you’re investigated or charged, and how Big Rig Law is here to help you navigate these regulations.

What Are Chain of Responsibility (CoR) Laws?

Chain of Responsibility (CoR) laws are a set of regulations under the Heavy Vehicle National Law (HVNL) designed to ensure that every party involved in the transport process takes responsibility for the safety of heavy vehicle operations.

Everyone involved with heavy vehicles — from the trucking company employing the driver, to the business dispatching or receiving goods—bears responsibility for the safety of the vehicle, the driver, and the load throughout the journey; this is their Primary Duty. Heavy vehicle drivers are not considered a party in the Chain of Responsibility (CoR) however, the HVNL imposes various other obligations that they and other employees in the heavy vehicle industry must adhere to.

Employers and Operators: Ensuring vehicles are maintained and safe to operate.
Schedulers: Making sure drivers have enough time to complete trips safely without breaching fatigue management rules.
Loaders: Making sure loads are within the legal weight limits and properly restrained.
Consignors and Consignees: Ensuring that goods are ready and transported in a compliant manner.

If a breach or series of breaches occurs, or in the worst case a fatality—whether it’s due to lack of training, poor business practices, overloading, fatigue, or failure to properly secure a load—anyone involved in that chain of responsibility can be held liable. Penalties can range from fines to full-time custody for severe breaches, making it crucial for everyone involved to ensure they comply with the law.

Common Chain of Responsibility Offences

The legal standard for compliance with the Primary Duty is whether a party has done everything reasonably practicable . The NHVR defines reasonably practicable as “how much trouble and expense you should go to so as to eliminate or minimise a risk, judged on what an ordinary, reasonable person would think was reasonable in the circumstance”.

CoR offences under the Heavy Vehicle National Law (HVNL) are taken very seriously so all parties in the supply chain must be aware of their role in the chain. Here are some CoR offences as they relate to employers:

1. Overloading

Employers must ensure that vehicles do not exceed legal weight limits. Under +the Chain of Responsibility (CoR) framework, overloading offences are taken very seriously, and all parties in the supply chain are held accountable for ensuring that vehicles do not exceed legal weight limits. Here’s how overloading offences relate to CoR:

Primary Duty: Employers have a primary duty to ensure, so far as is reasonably practicable, the safety of their transport activities. This includes ensuring that vehicles are not overloaded.
Executive Due Diligence: Executives must exercise due diligence to ensure that their business complies with its primary duty. This means implementing systems and processes to prevent overloading and regularly checking that these measures are effective.
Penalties: Overloading offences can result in significant penalties, including fines and court-imposed penalties. The penalties are calculated based on the total overladen amount, and they increase with each percent the overload exceeds the allowable weight.
Reasonable Steps Defence: Employers can defend against overloading offences by demonstrating that they took all reasonable steps to prevent the contravention. This includes accurate weight measurements, using weighbridges, and implementing strict load management procedures.
Enforcement: Enforcement officers can issue infringement notices for minor breaches, which can be paid or contested in court. For more serious breaches, a Court Attendance Notice may be issued, requiring the person to appear before a magistrate.

2. Fatigue Management

Employers must implement and enforce work and rest hour requirements for drivers. Fatigue management is a crucial aspect of the CoR framework under the HVNL. Here’s how fatigue management relates to CoR:

Primary Duty: Employers have a primary duty to ensure, so far as is reasonably practicable, the safety of their transport activities. This includes managing driver fatigue to prevent accidents caused by tired drivers.
Executive Due Diligence: Executives must exercise due diligence to ensure that their business complies with its primary duty. This means implementing systems and processes to manage driver fatigue effectively.
Driver Responsibilities: While drivers are not considered parties in the CoR, they have specific duties under the HVNL to comply with work and rest hour requirements. Companies must support drivers in meeting these requirements.
Risk Management: Employers must identify and manage risks associated with driver fatigue. This includes implementing fatigue management policies, providing training to drivers, and monitoring compliance with work and rest hour requirements.
Penalties: Failure to manage driver fatigue can result in significant penalties, including fines and court-imposed penalties. Employers must take all reasonable steps to prevent driver fatigue to avoid these penalties.
Reasonably Practicable: Employers can defend against CoR allegations by demonstrating that they did everything "reasonable practicable" to comply with their CoR obligations.

3. Vehicle Maintenance

Employers must maintain vehicles to the required standards and ensure they are safe to operate. Under the HVNL, vehicle maintenance is a critical aspect of ensuring road safety. They have a primary duty to maintain their vehicles to prevent accidents and ensure safe operation. Here are some key points regarding vehicle maintenance offences:

Regular Inspections: Employers must conduct regular inspections and maintenance of their vehicles to ensure they are in safe working condition.
Compliance with Standards: Vehicles must comply with all relevant standards and regulations, including those related to brakes, tires, lights, and other safety features.
Record Keeping: Employers must keep detailed records of all maintenance activities, including inspections, repairs, and servicing.
Addressing Defects: Any identified defects must be promptly addressed and rectified to ensure the vehicle remains safe to operate.
Driver Training: Employers should provide adequate training to drivers on vehicle maintenance and the importance of reporting any issues.

Failure to comply with these duties can result in significant penalties, including fines and imprisonment. It’s crucial for employers to have robust maintenance procedures in place to ensure compliance with the HVNL and to protect the safety of all road users.

4. Load Restraint

Employers must ensure that loads are properly secured to prevent hazards on the road. Load restraint is a critical aspect of the CoR under the HVNL. Proper load restraint ensures that loads are securely fastened to prevent shifting or falling during transport, which can cause accidents and hazards on the road.

Breaching these duties can result in significant penalties, including fines and imprisonment. Companies are expected to take all reasonable steps to manage these risks and ensure compliance with the HVNL.

What Should You Do If You are Being Investigated or facing charges for a CoR Offence?

Whether you are an employer or an individual, if you are charged with a Chain of Responsibility (CoR) offence or are being investigated, it’s crucial to take the following steps:

1. Contact Big Rig Law

As soon as you have been charged or are aware you are being investigated by the NHVR for a CoR offence, it’s essential to get legal advice. Big Rig Law is available to provide you with expert guidance. We can help you understand the allegations and work on building a defence. Whether you’re the employer, or part of the broader transport chain, we’ll ensure your rights are protected.

2. Gather Documentation

Collect all relevant documents, including records of compliance, maintenance logs, driver logs, training records, and any other evidence that demonstrates efforts to comply with CoR obligations.

3. Cooperate with Authorities:

Fully cooperate with the investigating authorities. Provide ONLY the requested information, promptly and transparently. This can help demonstrate a commitment to resolving the issue.

4. Conduct an Internal Review

Perform an internal review to identify any potential breaches and assess the company’s compliance with CoR regulations. This can help in understanding the root cause of the issue and prevent future occurrences.

5. Implement Corrective Actions

If any deficiencies are identified, take immediate corrective actions to address them. This may include revising policies, providing additional training to employees, or improving safety measures.

6. Communicate with Stakeholders

Keep stakeholders, including employees, clients, and shareholders, informed about the situation and the steps being taken to address it. Transparency can help maintain trust and confidence.

7. Prepare for Legal Proceedings

If the case goes to court, work closely with your legal team to prepare a strong defence. This may involve presenting evidence of compliance, demonstrating the company’s commitment to safety, and showing that all reasonable stepswere taken to prevent the offence.

How Big Rig Law Can Help

At Big Rig Law, we understand how complex Chain of Responsibility laws can be. When you’re responsible for moving goods across Australia’s roads, the last thing you need is a legal headache. That’s why we’re here to help everyone else in the transport chain navigate CoR offences.

Legal Representation: If you’re facing legal action as a result of a CoR breach, our team can represent you in court. We’ll work to reduce or eliminate penalties and ensure you get a fair outcome.
Expert Representation: If you’re facing legal action as a result of a CoR breach, our team can represent you in court. We’ll work to reduce or eliminate penalties and ensure you get a fair outcome.
Defence Against Unfair Accusations: CoR laws can be complicated, and sometimes you might feel you are wrongly accused. We’ll investigate the evidence thoroughly and ensure the evidence supports the charge. Whether the issue lies with a loader, scheduler, or employer, we’ll help ensure your rights are protected.

Chain of Responsibility laws are designed to keep everyone accountable in the transport industry, but they can also create legal complications for operators, and employers alike. The key is to understand your responsibilities, follow best practices, and, if something goes wrong, get the right legal support.

If you’re facing a CoR allegation or need support understanding things, Big Rig Law is here to help. We’re dedicated to keeping you on the road and ensuring that you’re protected every step of the way.

For expert advice and representation, contact Big Rig Law today.