| As importers, exporters, freight forwarders and transport operators in Melbourne are all too painfully aware, DP World West Swanson Terminal is again suffering significant congestion and truck delays.
DP World issued an official statement on Wednesday afternoon indicating that the delays are occurring after safety incidents involving two different classes of Container Straddle Carriers, leading to other Straddles of those classes being stood down until rectification measures could be implemented.
DP World has indicated that "The effect of straddle shortages for the last two weeks has significantly affected our terminal capacity."
DP World has indicated that they attempted to alleviate the impact by asking Patrick Terminals and Victoria International Container Terminal (VICT) to render assistance, but that both stevedores declined to assist.
However, CTAA has it on good authority that this is not the case in relation to VICT.
It is appreciated that DP World is taking a "safety first" approach to ensure that its equipment within the Terminal is safe to operate. Nevertheless, the delays have led to significant truck queuing outside the Terminal Gate extending the length of Coode Road (approx. one and a half kilometres), which compounds safety and fatigue management related concerns for landside operators.
CTAA has been provided with a video of the truck queuing for DP World West Swanson Terminal as at 4.00pm on Wednesday, 22 March. Those who may not fully appreciate the impact of the landside operational delays at DP World West Swanson Dock are invited to view the video by clicking on the button below.
In such a queue, it is difficult for drivers to take "rest" (as defined), as they need to be alert to the queue inching forward. It must be queried then how DP World is fulfilling its obligations as a "Loading Manager" under the Chain of Responsibility (CoR) provisions (Section 239) of the Heavy Vehicle National Law (HVNL)?
If DP World knows that the loading / unloading time is likely to start more than 30 minutes after the agreed time (the agreed time zone), they are obliged as a "Loading Manager" to take all reasonable steps to ensure drivers are able to rest while waiting to be loaded / unloaded. It is unlikely that a "reasonable person" would agree that being stuck in a queue kerbside on a port road, up against a cyclone fence, with little to no direct communication from the "Loading Manager", and no provision of adequate facilities, constitutes "reasonable steps". |