PURPOSE
The purpose of this document is to provide AAW’s suppliers guidance on Chain of Responsibility (CoR), specifically, AAW’s compliance expectations of third parties with whom we deal who are also parties in the Chain. This policy applies to all Suppliers that have responsibility for or involvement in activities that fall within the scope of the CoR laws.
What is Chain of Responsibility (CoR)?
The aim of the CoR laws is to ensure that heavy vehicles, their load and drivers are safe and do not pose a risk to themselves, other road users, the public, public infrastructure or the environment.
The “Chain” of Responsibility extends legal responsibility and liability for certain road safety issues to all parties in the road transport supply chain who by their actions, inactions or demands exercise control or influence over regulated transport activities.
Amendments to the CoR laws in October 2018 mean that if you are a party in the Chain, in respect of any transport activities that you perform, control or influence, you must:
Ensure, so far as reasonably practicable, the safety of your transport activities relating to the use of a heavy vehicle on a road
Ensure that your actions/inactions, requests, requirements or business practices do not result in, encourage, reward or provide an incentive for any other party in the Chain to breach the Chain of Responsibility laws.
The CoR laws apply throughout Australia, except for the NT. Generally, the laws apply to the operation and use of heavy vehicles for road transport. A heavy vehicle is any vehicle or combination with a gross vehicle mass (that is, maximum loaded mass) of 4.5 tonnes or more. However, in WA the laws apply to the use of any vehicle for road transport.
Read more about Chain of Responsibility
Read more about the amended Heavy Vehicle National Law
AAW will not knowingly ask or expect any Supplier to do anything unlawful or that would create a dangerous or
potentially dangerous situation.
CHAIN OF RESPONSIBILITY ELEMENTS
This section lists the main elements of the CoR with a brief explanation of the main responsibilities each element imposes, with links to the HVNL regulations for your further reading.
Mass: Heavy vehicles must not be loaded in excess of their gross (total) or axle mass limits.
The person consigning, arranging for or offering containerised goods for road transport must provide the transport operator with a Container Weight Declaration setting out the mass and details of the consignment.
Dimension: Heavy vehicles (whether loaded or unloaded) must be within their applicable width, height, length and rear overhang limits.
Load Restraint: A load on a heavy vehicle (including inside a freight container) must be placed and secured so that it will not shift in a way that adversely affects the handling or stability of the heavy vehicle or fall or dislodge from the heavy vehicle. Any method of restraint used must comply (at a minimum) with the National Transport Commission’s Load Restraint Guide, specifically, it must be designed to secure a load subject to the expected on-road forces set out in the Load Restraint Guide.
Reference: Heavy Vehicle (Mass, Dimension and Loading) National Regulation
Speed: All planned journeys must be able to be and must actually be performed without speeding. Drivers must not exceed signposted speed limits or the maximum permitted speed limits for the class of their vehicle.
A person must not ask, directly or indirectly, the driver of a heavy vehicle to do or not do something that would have the effect of causing the driver to speed.
No person can make a request or put in place any contract which would cause, encourage or provide an incentive for a driver to speed.
Heavy vehicles over 12 tonnes GVM must be fitted with speed limiters.
Driver Fatigue: All planned journeys must be able to be and must actually be performed without drivers driving while they are adversely affected by fatigue.
No driver can drive and no person can request a driver to drive if this would result in the driver driving whilst adversely affected by fatigue and/or in excess of their applicable work/rest hours limits.
No person can make a request or put in place any contract which would cause, encourage or provide an incentive for a driver to drive whilst adversely affected by fatigue and/or in excess of their applicable work/rest hours limits.
Certain drivers are required to maintain work diaries and records of their work/rest hours.
Reference: Heavy Vehicle (Fatigue Management) National Regulation
Vehicle Standards: Any heavy vehicle must meet Heavy Vehicle Standards and be maintained in a roadworthy state.
Reference: Heavy Vehicle (Vehicle Standards) National Regulation
*Note: The Chain of Responsibility laws in Western Australia do not extend to speed, fatigue or heavy vehicle standards/roadworthiness risks. That is, parties up and down the Chain in Western Australia are not responsible for these risks.
Other references:
Heavy Vehicle National Law (HVNL)
SUPPLIER’S RESPONSIBILITIES
As a party in the supply chain, the best way to fulfil your obligations under the HVNL and CoR is to have safety management systems and controls in place, such as business practices, training, procedures and review processes that:
identify, assess, evaluate, and control risk
manage compliance with speed, fatigue, mass, dimension, loading and vehicle standards requirements through identified best practice
involve regular reporting, including to executive officers
document or record actions taken to manage safety.
Suppliers should consider all their actions in respect of road transport activities to ensure they are safe, appropriate and legal.
BREACH OF POLICY
This policy sets standards of behavior expected from all parties in the supply chain performing work for or on behalf of AAW. It is expected that Suppliers will enforce a similar set of standards with their employees and any contractors or subcontractors.
If any behaviour or action is observed which may represent a breach of the CoR laws or this policy, it must be promptly reported to AAW. All identified breaches must be documented by an Incident Report. The issue will then be promptly investigated and corrective actions implemented, if necessary.
Any breaches of the CoR laws or this policy by suppliers may result in the performance management in accordance with our usual performance management practices and/or suspension or termination of their Vendor Agreement with AAW.
Chain of Responsibility Compliance – Mass, Dimension and Load Restraint Management Policy
- Purpose
The purpose of this policy is to outline our compliance expectations of third parties with whom we deal who are also
parties in the Chain. - Scope and application
This policy applies to the following transport activities:
Consigning
Packing/preparing
Loading
Carrying
Receiving, goods transported by heavy vehicle by road, or operating:
A heavy vehicle
Premises at which heavy vehicles regularly load/unload.
This policy applies to the following Chain of Responsibility safety risks:
CoR element Primary requirements
Mass – Heavy vehicles must not be loaded in excess of their gross (total) or axle mass limits.
The person consigning, arranging for or offering containerised goods for road transport must provide the transport operator with a Container Weight Declaration setting out the mass and details of the consignment.
Dimension – Heavy vehicles (whether loaded or unloaded) must be within their applicable width, height, length and rear overhang limits.
Load Restraint – A load on a heavy vehicle (including inside a freight container) must be placed and secured so that it will not shift in a way that adversely affects the handling or stability of the heavy vehicle or fall or dislodge from the heavy vehicle.
Any method of restraint used must comply (at a minimum) with the National Transport Commission’s Load Restraint Guide, specifically, it must be designed to secure a load subject to the expected on-road forces set out in the Load Restraint Guide. - What is required to comply with mass, dimension and load restraint safety obligations
Consignor/consignee responsibilities
As consignor or consignee, responsibilities include ensuring that:
loads do not exceed vehicle mass or dimension limits
you provide other parties in the Chain with reliable information on load type, mass and dimension, or advise if any of these are unknown
goods carried on your behalf are able to be appropriately secured
operators carrying freight containers have a valid Container Weight Declaration.
Loading manager/loader/packer responsibilities
Loader responsibilities include ensuring a vehicle’s load:
does not exceed vehicle mass or dimension limits, including through consulting the driver or transport operator
does not cause the vehicle to exceed mass limits, including through consulting the driver or transport operator
is placed in a way so it does not become unstable, move or fall off the vehicle, including through consulting the driver or transport operator.
Unreliable weight information makes it difficult for drivers to comply with the law. Packer responsibilities include ensuring that:
documentation about the vehicle’s load (in particular, its nature, mass or dimensions) is not false or misleading
any goods packed in a freight container do not cause the container’s gross weight or safety approval rating to be exceeded.
Operator/manager responsibilities
As an operator or manager of a business involved in road transport, your responsibilities also include ensuring that:
vehicles are not loaded in a way which exceeds mass or dimension limits
drivers moving freight containers have a valid Container Weight Declaration
loads are appropriately restrained with appropriate restraint equipment.
Chain of Responsibility Compliance – Speed and Fatigue Management Policy
- Purpose
The purpose of this policy is to outline our compliance expectations of third parties with whom we deal who are also parties in the Chain. - Scope and application
This policy applies to the following transport activities:
Consigning
Scheduling
Loading
Carrying
Unloading
Receiving, goods transported by heavy vehicle by road,
or operating:
A heavy vehicle
Premises at which heavy vehicles regularly load/unload.
This policy applies to the following Chain of Responsibility safety risks:
CoR element – Primary requirements
Speed* – All planned journeys must be able to be and must actually be performed without speeding.
Drivers must not exceed signposted speed limits or the maximum permitted speed limits for the class of their vehicle.
A person must not ask, directly or indirectly, the driver of a heavy vehicle to do or not do something that would have the effect of causing the driver to speed.
No person can make a request or put in place any contract which would cause, encourage or provide an incentive for a driver to speed.
Heavy vehicles over 12 tonnes GVM must be fitted with speed limiters.
Fatigue* – All planned journeys must be able to be and must actually be performed without drivers driving while they are adversely affected by fatigue.
No driver can drive and no person can request a driver to drive if this would result in the driver driving whilst adversely affected by fatigue and/or in excess of their applicable work/rest hours limits.
No person can make a request or put in place any contract which would cause, encourage or provide an incentive for a driver to drive whilst adversely affected by fatigue and/or in excess of their applicable work/rest hours limits.
Certain drivers are required to maintain work diaries and records of their work/rest hours.
*Note: The Chain of Responsibility laws in Western Australia do not extend to speed, fatigue or heavy vehicle standards/roadworthiness risks. That is, parties up and down the Chain in Western Australia are not responsible for these risks. - What is required to comply with speed and fatigue safety obligations
Consignor/consignee responsibilities
As consignor or consignee your responsibilities include ensuring that your delivery requirements do not require or
encourage drivers to:
exceed the speed limits
exceed regulated driving hours
fail to meet the minimum rest requirements
drive while impaired by fatigue.
Loading manager/loader responsibilities
Loading managers, loaders and packers must ensure that loading a fatigue-regulated heavy vehicle will not cause or contribute to the driver driving while impaired by fatigue or in contravention of road transport laws.
Loading manager responsibilities include:
working with other off-road parties to make reasonable arrangements to manage loading/unloading time slots
ensuring vehicles are loaded/unloaded as quickly and efficiently as possible
putting systems in place for unexpected jobs – for example where there have been unexpected road delays
advising drivers or transport operators of unexpected loading/unloading delays on site, in particular any delay exceeding 30 minutes
in the event of any material loading/unloading delays on site, consulting and coordinating with other parties in the Chain to reschedule transport arrangements, to the extent possible.
Loading managers and loaders are not primarily responsible for managing driver fatigue (other than ensuring that their conduct does not contribute to it – as outlined above). However, as they will be dealing with drivers first hand:
if they observe an obvious safety concern as to the fatigue of a driver (e.g. something reasonably obvious to a
reasonable inexpert bystander), they should raise it with the driver or transport operator or their employer.
Operator/manager/scheduler responsibilities
As an operator, manager, or scheduler of a business involved in road transport, your responsibilities also include ensuring that:
rosters and schedules do not require drivers to exceed driving hours regulations or speed limits
you keep records of your drivers’ activities, including work and rest times
you take all reasonable steps to ensure drivers do not work while impaired by fatigue or drive in breach of their work or rest options
vehicles are regularly maintained, and if speed limiters are fitted they are functioning properly.
Chain of Responsibility Compliance – Vehicle Standards and Roadworthiness Management Policy
- Purpose
The purpose of this policy is to outline our compliance expectations of third parties with whom we deal who are also parties in the Chain. - Scope and application
This policy applies to the following transport activities:
Carrying goods transported by heavy vehicle by road,
or operating:
A heavy vehicle
Premises at which heavy vehicles regularly load/unload.
This policy applies to the following Chain of Responsibility safety risks:
CoR element – Primary requirements
Vehicle standards and roadworthiness* – Any heavy vehicle must meet Heavy Vehicle Standards and be maintained in a roadworthy state.
*Note: The Chain of Responsibility laws in Western Australia do not extend to speed, fatigue or heavy vehicle standards/roadworthiness risks. That is, parties up and down the Chain in Western Australia are not responsible for these risks. - What is required to comply with vehicle standards and roadworthiness safety obligations
Loading manager/loader responsibilities
Loading managers and loaders are not primarily responsible for vehicle standards or roadworthiness compliance. However, as they will be dealing with vehicles first hand:
if they observe an obvious safety concern as to the standard or roadworthiness of a vehicle (e.g. something reasonably obvious to a reasonable inexpert bystander), they should raise it with the driver or transport operator or their employer.
Operator responsibilities
As an operator of a business involved in road transport, your responsibilities also include ensuring that:
vehicles meet any applicable vehicle standards and are regularly maintained and roadworthy.