Chain of Responsibility - new provisions commence 1 July 2018
Transport operators, depots, terminal operators, exporters, importers, customs brokers and freight forwarders all have a duty to ensure the safety of their transport activities.
If you consign, pack, load or receive goods as part of your business, you could be held legally liable for breaches of the Heavy Vehicle National Law (HVNL) even though you have no direct role in driving or operating a heavy vehicle.
In addition, corporate entities, directors, partners and managers are accountable for the actions of people under their control. This is the Chain of Responsibility (COR). From mid-2018, the maximum penalties for CoR breaches are up to $300,000 for an individual and $3 million for companies, plus possible prison terms of up to five years.
The aim of CoR is to make sure everyone in the supply chain takes all reasonable steps to ensure that breaches of the HVNL do not occur in relation to allowable weights, vehicle dimensions, load restraint, driver fatigue, vehicle speed and maintenance.
Are you compliant?
As outlined in last year's information sessions hosted by the Container Transport Alliance of Australia (CTAA) and Freight & Trade Alliance (FTA) / Australian Peak Shippers Association (APSA), the National Heavy Vehicle Regulator (NHVR) has produced extensive reference material in terms of container weight declarations, gap assessment tools, reasonable steps defence and more - refer HERE
FTA / APSA / CTAA will continue to support members in the coming months with ongoing commentaries, training and executive forums to complement the materials provided by NHVR.
Reasonable Steps Defence - CoR Awareness Training
A fundamental component of a reasonable steps defence is to be able to demonstrate staff training has been completed to ensure awareness of CoR obligations.
To support members, FTA, APSA and CTAA are delighted to officially launch our Chain of Responsibility Awareness Training - content includes:
- Know what the Heavy Vehicle National Law (HVNL) is, it's purpose, and your duties under it
- Understand Chain of Responsibility
- Understand HVNL and Chain of Responsibility legislative requirements (including State and Territory regulations), offences and penalties
- Recognise the role State and Territory authorities play in the management and enforcement of HVNL laws
- Recognise who can be held responsible under Chain of Responsibility
- Know the importance of safe load restraint, appropriate load mass and dimension, and prevention of driver fatigue and speeding
- Identify what must be managed to avoid Chain of Responsibility related road safety breaches
- Understand what action to take if you observe a potential or actual breach of Chain of Responsibility in your transport chain
- Understand specific responsibilities of certain parties in the transport chain
This e-Learning course takes approximately 1.5 hours to complete - upon passing the online assessment a certificate with two years validity will be automatically generated.
Importantly, the course provides management and operational staff with learning outcomes to be able to complete day to day activities with confidence that they are compliant with legal requirements.
Note: this course has been accredited for 4.5 customs broker CPD points (CPD Stream B - FTA053).
How to register
Chain of Responsibility Awareness is available for online purchase at www.ComplianceNetFTA.com
Course price - $137.50 (incl GST)
Bulk enrolment discounts are available for FTA / APSA / CTAA members.
To arrange your course demonstration or for further enquiries, please contact me on 02 9975 1878 or email pzalai@FTAlliance.com.au
Paul Zalai - FTA / APSA