Chain Of responsibility

Chain of Responsibility legislation specifically targets key roles and responsibilities of Suppliers, Transport Companies and Receivers.Training raises awareness of Truck Drivers and their responsibilities of safety, driving hours, including the power a Driver has to ensure he is not placed in an unsafe environment of excessive driving hours, load safety, truck safety for himself and other road users.

Information on Chain of Responsibility laws has been developed by the National Transport Commission in conjunction with the road transport industry and all governments. The aim of these 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, inactions or demands result in an offence. The laws target speeding, illegal driving and working hours, overloading, exceeding vehicle dimensions and poorly built and 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 legislation targeting those, who by their actions, inactions or demands, put driver's lives and other lives at risk, gaining an unfair competitive advantage by breaking the law. Chain of Responsibility laws can be acted on by State Road and Traffic authorities, Federal and State Police, Environmental Protection Authorities and some Local Government Authorities within their local area.

The principle was developed by the National Road Transport Commission in the early 1990s and is a major component of the Commission's 'smart compliance' approach to ensuring compliance with road transport laws. Federal and State law changes regularly, JSCC Management continue to monitor and advise clients as changes come to hand.

Finally we will determine the actions to be assessed and implemented to minimise exposure to individuals and companies.

Case Studies

Case 1: NSWCase 2: VICCase 3: VICCase 4: NSW
Case 1: NSW

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Earlier in 2008 a NSW timber company was fined $115,000 for an incident resulting in an injury to a truck driver.

While the trucks load was being unloaded in a designated loading area on a timber companies premises, no instructions were given to the forklift driver to ensure the driver was clear of the truck during unloading.

Had the current legislation been in force at the time of the incident, liability may have been extended to include the Consignor of the load and the lead contractor who had subcontracted the load to the driver.

Case 2: VIC

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A subcontractor for a bulk LPG supplier in Victoria was investigated when one of its drivers was found asleep at the wheel of his truck while discharging a load of LPG at a service station.

The investigation revealed the subcontractor concerned had been previously charged with 130 fatigue related breaches incurring fines of $25,000. Four of the subcontractor drivers had also been convicted.

Under CoR legislation, liability for the offences could be extended to other parties. In addition, the 130 offences could now attract fines totaling $660,000.

The Consignor or the Consignee could be liable for all or part of these fines for failing to enforce proper controls over the subcontractor.

Case 3: VIC

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A fast moving consumer goods company loads a third party logistics company’s B-double taught liner in Laverton, Victoria for delivery to Homebush, NSW. Loading time was 19:00hrs for a delivery at 06:00hrs the following morning. Just outside Albury the truck is delayed by a three car accident. The experienced driver knows if he is late his load will miss the delivery time and his company will incur a penalty. Calling on his knowledge of the highway the driver knows he can make up time between Holbrook and Campbelltown. Outside of Gundagai he is clocked traveling at 140kph.

Prior to CoR the driver would have received an on-the-spot fine of $360.00 and lost 6 demerit points off his license. When speeding becomes a CoR offence the driver could receive a fine of up to $11,340.00 and corporate fines for each company involved of up to $56,700.00 due to firm delivery times.

Parties potentially involved in this action would include the Transport Company, the Consigner and Consignee.

Case 4: NSW

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A complaint is made to a transport authority, which indicates an Operator is linked to routine overloading on a particular freight route. During the preliminary investigation stage, investigators reveal further evidence supporting the complaint information and further highlight the Operators connection to a Loader (not identified in the complaint). The loader is employed by a separate business entity. The evidence suggests the loader is responsible for overloading a number of vehicles over time.