Chain of Responsibility Compliance & Enforcement Legislation
Chain of Responsibility (CoR), introduced into WA in 2015, recognises the responsibilities that others have in the transportation of goods by road, beyond that of just the driver and operator. It means anyone who has control in the transport chain can be held legally accountable if by action, inaction or demand, they cause or contribute to road safety breaches.
- Improve road safety
- Reduce infrastructure damage
- Improve deterrence and enforcement;
- Promote a level playing field for industry; and
- Improve business efficiency and compliance.
What is Chain of Responsibility? If you use road transport as part of your business, you share the responsibility of managing the risk. This means anyone who has control in the transport chain can be held legally accountable if, by their actions, inactions or decisions, they cause or contribute to a breach of the road laws.
What are my responsibilities? As a consignor or receiver, you have a responsibility for ensuring goods carried on your behalf: • Do not exceed vehicle or permitted dimension limits • Do not cause vehicle or permitted mass limits to be exceeded • Are appropriately secured.
What do I need to do? Whichever activity you perform in the ’chain’, it is important that you take reasonable steps to manage the risk and ensure road safety is not compromised.
There are no limits to the ways in which you can do this. What constitutes reasonable steps will vary according to each individual’s circumstances.
Basically, if you can show that you did not know and could not have been reasonably expected to know that a breach in the road law would occur, and that either:
- You have taken all reasonable steps to prevent a breach; or
- There were no reasonable steps that you could have been expected to have taken to prevent the breach;
Then – you won’t be liable for an offence under the chain of responsibility.
You may be called upon to demonstrate that you have compliance systems and programs in place to manage the risks associated with the use of heavy vehicle transport. Examples of steps you could take include:
- Regularly reviewing business processes and documenting risk management practices and training.
- Ensuring compliance assurance conditions are included in relevant commercial arrangements with other responsible persons.
- Requesting information about what systems and controls have been put in place by other parties in the chain to ensure compliance.
- Avoiding arrangements that could potentially encourage or reward non-compliance.
Codes of practice
Various industries have formal codes of practice that document procedures aimed at maintaining consistency and quality control. In the event of an alleged road transport offence, businesses and individuals may be able to defend their actions on the basis that they were complying with an industry code of practice. Further Information For more information about the Chain of Responsibility call Main Roads Heavy Vehicle Services Helpdesk on 138 486 or visit www.mainroads.wa.gov.au
A series of Fact Sheets are available providing relevant information on the roles and responsibilities of specific parties within the road transport chain.
- Chain of Responsibility Legislation Consignor Receiver
- Chain of Responsibility Legislation Loader / Packer
- Chain of Responsibility Legislation Driver
- Chain of Responsibility Legislation Operator / Manager
- Chain of Responsibility Legislation Breach Categories
- Chain of Responsibility Legislation Container Weight Declarations
- Chain of Responsibility Legislation Cars, Utes, Vans (Light Vehicles)
- Chain of Responsibility Legislation WA Comparison with Heavy Vehicle National Law
Lists of prosecutions heard in Western Australia where a party in the road transport supply chain has been convicted of an offence under Chain of Responsibility legislation are available.
Chain of Responsibility WA Training Courses
Nationwide Training offer courses to help your company comply with the Chain of Responsibility legislation in Western Australia.
Chain of Responsibility training is one of the first and most important steps you and your company need to take, to ensure you are not Liable under the CoR and OH&S law.
Chain of Responsibility training will ensure all staff, with control over transport tasks, are aware of their obligations and that breaches do not occur.
Nationwide Training is a Registered Training Organisation (RTO), accredited by the Training Accreditation Council and provides official Statement of Attainment on successful completion of accredited courses.
Chain of Responsibility courses available at Nationwide Training:
- 1 day Ensure Chain of Responsibility
- 1/2 day Chain of Responsibility Awareness – National Course, with or without an assessment
- 1 hour CoR workplace information sessions – WA Course
- Load Restraint training
- Dangerous Goods Awareness, Loaders, Licence and Storage courses
- High Risk Work Licence Forklift Training courses class LF and LO.