Carways Guideline A4 Lanscape 16pp

A practicable guide to the Chain
of Responsibility for clients

Copyright Carways
The information provided is a guide and should not be used as an alternative for legal advice.
Further information can be acquired from your Carways contact person.
Proudly produced Melbourne, Australia 2020.

What is the purpose of this CoR Guideline?
This guide is designed to inform Carways clients about the Chain of Responsibility (CoR)
The guideline explains:
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How the CoR operates
Why CoR is essential
What CoR means to Carways and our clients
How Carways completes CoR requirements
What is the Chain of Responsibility (CoR)?
Predominately, Australian vehicle transport occurs by road logistics and provides an essential service to Australians around the country. The
car carrying transport industry employs thousands of people and presents a vital source to the national economy. However, Road transport is
one of the riskiest Australian industries and as part of national risk mitigation strategy is the Chain of Responsibility (CoR) legislation including
Work Health and Safety laws to ensure the supply chain risk is managed successfully by all parties.
CoR can be explained as a Heavy Vehicle Sup ply Chain process and if you use a vehicle that is more than 4.5 tonnes to transport vehicles then
you become part of that supply chain. At the core of the chain of responsibility concept, is the recognition, that not only the driver, but the
entire supply chain process of the heavy vehicle and freight plays an important part to ensure the transport activities being delivered is safe
and the road laws are not intentionally compromised.
This is a shared responsibility that requires everyone to do their part in the chain process. For most states and territories , the chain of
responsibility came into effect through the Australia Heavy Vehicle National Law (HVNL) which became active in 2014 and was updated recently
in October 2018 to bring CoR more in line with Work Health and Safety laws. The Northern Territory and Western Australia have similar CoR
laws. For further help and information please liaise with your Carways contact person.
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Importance of (CoR) Chain of Responsibility
Carways recognises the Chain of responsibility is a fundamental part of looking after the safety of our staff, customers, suppliers and the greater road users
with its external stakeholders to be recognised as the preferred industry vehicle transport solution with a solid safety CoR record.
Chain of responsibility obligations applies to heavy vehicles over 4.5 tonne, including:
• vehicle mass requirements
• load restraint requirements
• vehicle dimension requirements
• vehicle speed management
• fatigue management #
• vehicle standards and maintenance
• employment and training
• heavy vehicle accreditation.
# Fatigue management applies to vehicles above 12 tonne, rather than 4.5 tonne and above
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Where do I fall into the Chain of Responsibility
The Heavy Vehicle National Law identifies the following parties in the chain of responsibility:
Operating
A responsible person/ entity which controls the use of a vehicle
Consigning
A person or company commissioning the carrying of goods
Loading / Unloading
Engage in the process of loading or unloading a heavy vehicle
Driving
The physical act of driving a vehicle
Consignee
Paying for the goods/ taking possession of the goods
Carways clients would usually fall into the class of either Consigners, Consignees, Loaders and Unloaders.
This means you and your business have legal Chain of Responsibility obligations, including working with Carways to make
sure, CoR requirements are met and all work is carried out as safe as it practicably can be.
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Diagram of the Chain of Responsibility process
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The National Heavy Vehicle Law defines Primary duty as;
Being a party in the supply chain, you are in a position to influence other
people to do the right thing that is reasonably practicable by having a
primary duty. Primary duty under the National Heavy Vehicle Law section
26C is stated as;
(1) Each party in the chain of responsibility for a heavy vehicle
must ensure, so far as is reasonably practicable, the safety of
the party’s transport activities relating to the vehicle.
(2) Without limiting subsection (1), each party must, so far as is
reasonably practicable—
(a)
eliminate public risks and, to the extent it is not
reasonably practicable to eliminate public risks,
minimise the public risks; and
(b) ensure the party’s conduct does not directly or indirectly cause or
encourage—
(i) the driver of the heavy vehicle to contravene this
Law; or
(ii) the driver of the heavy vehicle to exceed a speed limit applying to the
driver; or
(iii) another person, including another party in the chain of responsibility,
to contravene this Law.
Continued;
(3) For subsection (2)(b), the party’s conduct includes, for
example—
(a) the party asking, directing or requiring another person to
do, or not do, something; and
(b) the party entering into a contract—
(i) with another person for the other person to do, or
not do, something; or
(ii) that purports to annul, exclude, restrict or otherwise change the
effect of this Law
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The National Heavy Vehicle Law defines Reasonably Practicable as;
In relation to a duty, means that which is, or was at a particular time, reasonably
able to be done in relation to the duty, weighing up all relevant matters,
including—
(a)
and
(b)
the likelihood of a safety risk, or damage to road infrastructure, happening;
the harm that could result from the risk or damage; and
(c) what the person knows, or ought reasonably to know, about the risk or
damage; and
(d)
(ii)
(e)
what the person knows, or ought reasonably to know, about the ways of—
(i)
removing or minimising the risk; or
preventing or minimising the damage; and
the availability and suitability of those ways; and
(f) the cost associated with the available ways, including whether the cost is
grossly disproportionate to the likelihood of the risk or damage.
What you can do to complete due diligence
As a consigner or consignee your vehicle collection, delivery requirements do not
require or encourage heavy vehicle drivers:
o Exceed the speed limits
o Exceed driving hours
o Fail to meet the minimum rest requirements
o Drive while impaired by fatigue
o Loading arrangements do not cause excessive delays
As a Loader or Unloader your loading and unloading practices do not cause
drivers to:
o Exceed the speed limits
o Exceed driving hours
o Fail to meet the minimum rest requirements
o Loads do not exceed vehicle mass or dimension limits
o Loads are securely restrained and correctly positioned
o Consignment information is correct
If you have any HSE CoR concerns or queries with the freight, vehicle or driver then you should contact your Carways contact person in the first instance to resolve the
issue amicably.
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How does Carways fulfil its CoR HSE requirements
Carways fulfils its HSE CoR obligations to ensure the safety of its employees, subcontractors, customers and other road users by encompassing the following:
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Diverse modern fleet for all vehicle transport solutions.
Safety, Quality Assurance and Environmental Management Systems.
Accredited organisation in the National Heavy Vehicle Accreditation Scheme.
Accredited organisation in the National Fatigue Management Scheme (BFM).
Accredited organisation in the Western Australian Heavy Vehicle Accreditation Scheme.
Providing national facilities for local and interstate drivers rest and recuperation
Speed monitoring in trucks with depot observations.
GPS tracking of vehicles and regular welfare checks with drivers.
Satellite phones in vehicles for known blackspot routes.
Australian standard load restraint system utilised.
Thorough timely incident investigation with corrective actions to improve risk knowledge to alleviate a reoccurrence.
Driver medical assessments as per CoR requirements
Training, education and teaching of new skills for staff.
Employee support programs that foster physical and psychological health and wellbeing
Monitoring and reporting on road safety and CoR results.
Regular driver diary and operation run inspections for CoR work and rest requirements.
Internal and accredited external audits of schemes for compliance.
Contact with heavy vehicle industry associations for best practice.
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Examples of breaches CoR Laws
→ The consignor knowingly issues the consignment documentation that does not match the vehicle freight onboard the truck.
→ The driver does not complete their daily vehicle safety check sheet for heavy vehicle roadworthiness.
→ A customer depot does not provide adequate facilities for driver’s rest.
→ Allocator to Driver: “Hurry up use fewer tyre restraint straps on the vehicles so you can get on the road quicker.”
→ Consigner to driver: “Just fabricate the rest breaks in your logbook so you can keep driving, no one will ever know - must deliver super urgent”
→ A vehicle transport contract imposes financial penalties for delayed deliveries, which puts the driver under significant pressure to deliver by driving above the
road speed laws.
The National Heavy Vehicle Law 2012 stipulates financial fines for individuals, organisations and imprisonment for individuals for serious breaches of the act
for more information on penalties head over to the National Heavy Vehicle Regulator website. https://www.nhvr.gov.au/
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Call to Action
Carways recognises the most effective method to manage the Chain of Responsibility CoR transport risks is through open discussion and collaboration with our clients
and other stakeholders, to enable learning and understanding in each other’s aspects of the CoR process. Moreover, Carways recommends and encourages our
business partners to ensure their staff are trained in the CoR process and appreciate their responsibilities within the chain of responsibility.
Carways also advises our clients to check their risk assessments, policies and procedures to make sure you are meeting your obligations under the Chain of
Responsibility process, for further help please liaise with your Carways contact person or log onto the NHVR website https://www.nhvr.gov.au/
Customer Engagement
As part of Carways transport quality assurance program our skilled driver/vehicle surveyors meet the client where available and complete a comprehensive vehicle
interior and exterior condition survey for the vehicle to be transported. Furthermore, we provide our clients the opportunity to check the condition report completed
and sign to declare the vehicle surveyed. If no client personnel are available at the time of vehicle collection or delivery, our drivers still fulfil a detailed vehicle
condition survey and note unattended vehicle survey completed, a copy of the vehicle survey is provided with the vehicle for your records and assurance.
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Carways has been in operation for over 50 years and regarded as one of
Australia’s preferred car carrying transport providers with an extensive
modern fleet. We will continue to build positive relationships and
provide transport solutions for our clients and stakeholders
Contact Carways: 1300 227 929 www.Carways.com.au