Chain of responsibility legislation – what has changed?
The traditional approach in road transport law in Australia has been to apply legal liability for not operating safely on drivers only, or in some cases owners or operators. Where other parties could be held accountable, this was generally through legally cumbersome ‘cause or permit’ or ‘aid and abet’ laws. (more…)
Chain of responsibility legislation: what has changed?
The traditional approach in road transport law in Australia has been to apply legal liability for not operating safely on drivers only, or in some cases owners or operators. (more…)
What is Chain of Responsibility?
Chain of Responsibility is a simple process of ensuring that everyone does their bit in managing fatigue risks in the road transport sector.
Road Transport is a risky activity. Driver fatigue is a major safety hazard for all drivers on the highway. The risk of death or serious injury to a driver and passenger or the occupants of other vehicles in a fatigue related crash is very high.
There is legislation, throughout Australia, to manage fatigue under Occupational Health and Safety. Everyone in the supply chain is responsible for the management of fatigue. The aim of the laws is to ensure that legal liability is imposed on all those in the transport chain who have responsibility for certain tasks where their actions result in an offense.
The laws target speeding, illegal driving and working hours, overloading, exceeding vehicle dimensions and poorly restrained loads. Improved compliance with these and other laws will provide a safer industry for workers in the road transport industry and other road users.
Chain of responsibility is a key initiative targeting those who, by their actions, inactions or demands, put drivers’ lives and other lives at risk, and gain an unfair competitive advantage by breaking the law.
The principle was developed by the National Road Transport Commission1 in the early 1990s and is a major component of the Commission’s ‘smart compliance’ approach to ensuring compliance with road transport laws.
Chain of Responsibility training is essential for anybody in the supply chain.
Chain of Reponsibility – businesses urged to review
Law firm Cooper Grace Ward is warning Queensland businesses to examine their operations following the introduction of chain of responsibility law for heavy vehicle speed.
All parties involved in the delivery of goods can now be held accountable if a truck driver is caught speeding after the Queensland Government introduced the law on July 1. The law applies to vehicles over 4.5 tonnes. (more…)
