Under the Heavy Vehicle National Law (HVNL), all parties who have control or influence over a transport task are responsible for complying with Chain of Responsibility (CoR) obligations. As a consignor/consignee, your role inherently involves influencing or controlling transport-related activities.
Key CoR Obligations for Consignors/Consignees:
- Ensure loads do not exceed mass or dimension limits and are properly restrained.
- Confirm operators carrying freight containers have a valid and accurate container weight declaration.
- Avoid delivery requirements that encourage or require drivers to:
- Exceed speed limits.
- Drive while fatigued or impaired.
- Exceed regulated driving hours or fail to meet minimum rest requirements.
- Collaborate with other parties in the supply chain to identify risks and resolve issues that could lead to breaches of the HVNL.
Steps to Address CoR Issues
If you identify a CoR issue, the National Heavy Vehicle Regulator (NHVR) recommends the following actions:
- Stop the Activity: Ensure safety immediately.
- Assess Risks: Review the activity and install control measures.
- Record and Report: Document the issue thoroughly.
- Implement Systems: Introduce practices to prevent future breaches.
- Consult Stakeholders: Work with drivers and supply chain partners to promote safety.
- Regular Review: Continuously identify and address risks in transport tasks.
- Review Contracts: Ensure agreements do not promote unsafe or unlawful behavior.
- Choose Safe Partners: Work only with companies that demonstrate compliance.
- Maintain Records: Retain all relevant documents for three years.
Example Scenario: When Things Go Wrong
Acme Paint Pty Ltd (Consignor) arranges a delivery to Bob’s Hardware Supplies (Consignee). The journey, which typically takes two hours, is assigned to AusOnsite Transport Driver David, scheduled to start at 2:00 PM.
Upon arrival, David is informed of a delay:
- Acme Warehouse Manager: “Sorry, we’re really busy. Can you wait for a bit?”
- David: “How long?”
- Manager: “As soon as we can.”
Two hours later, David is nearing the end of his regulated driving hours, but Acme Paint insists the delivery must happen today. This situation illustrates how consignors/consignees can contribute to HVNL breaches, emphasizing the need for proactive compliance.
The Importance of CoR Awareness
Ensuring everyone in the supply chain understands their CoR duties helps prevent legal and operational risks. Compliance safeguards safety, efficiency, and accountability across the transport industry.