Chain of Responsibility

Under the Heavy Vehicle National Law (HVNL) the primary duty of all relevant duty holders is to ensure that all heavy vehicle journeys can be completed within legal speed limits. From a Chain of Responsibility perspective, “Each party must ensure, so far as is reasonably practicable, the party’s conduct does not cause or encourage the driver of the heavy vehicle to exceed a speed limit applying to the driver.”

• “A person must not ask, a party in the chain of responsibility to do or not do something the person knows, or ought reasonably to know, would cause the driver to exceed a speed limit applying to the driver.”
• “A driver must not drive at a speed over the speed limit applying to the driver for the length of road where the driver is driving.”

Speed Limits

Under the Heavy Vehicle National Law the maximum speed limit for heavy vehicles is 100km/hr unless a lower speed applies to the section of road and a road train must not travel at a speed that exceeds 90km/hr.

Managing speed in your business

The key elements of Managing speed in your business include:

• Conducting a risk assessment of operations that may contribute to a driver speeding.
• Documenting speed management policies and procedures that outline the control measures.
• Consulting with other parties on how they manage speed – for example, requesting a copy of their speed risk assessment, policies and procedures.
• Ensuring contracts and agreements do not contain incentives (for early pick-up or delivery) or penalties (for late delivery) that may cause or encourage the driver to exceed the speed limit. 
• Ensuring commercial arrangements include prescriptive requirements to comply with legal obligations.
• Conducting regular contract reviews of the effectiveness of controls implemented by others in the supply chain.

Licensing and Training Requirements

Licensing and training requirements include having drivers provide a record of their driving history before commencing employment as well as ongoing checks during employment and confirming that drivers are licensed for the heavy vehicle or combination they are operating. This also includes ensuring drivers agree to adhere to Australian Road Rules and include these conditions in employee and subcontractor agreements, driver declarations and inductions.

Scheduling

Scheduling and driver speed may be adversely affected by the set:

• Pick-up times or windows;
• Journey times or windows;
• Delivery times or windows.

For scheduled heavy vehicle movements, the terms of engagement with any person or subcontractor (at any level) must not directly or indirectly force, encourage, induce, or reward any driver to or for exceeding any legal or safe speed limit. This includes scheduling and payments tied in whole or part to meeting schedules or work times.

Therefore, systems and processes are required to be implemented so no demand is placed on any driver in relation to any pick-up, delivery, or transit time that would directly or indirectly force, encourage, induce or reward any driver to or for exceeding any legal or safe speed limit.

Monitoring Speed Compliance

Monitoring Speed Compliance includes monitoring driver speeds against the posted speed limit with automated real-time notification of breaches via In-Vehicle Monitoring Systems. This includes reviewing the records of In-Vehicle Monitoring Systems and taking action to address any speeding breaches and record the frequency and severity of breaches as well as corrective action taken.

You must ensure and fit speed-regulated heavy vehicles with fit-for-purpose, maintained, calibrated, speed-limiting devices that have not been adjusted or tampered with. Where a speed breach is identified it shall be formally investigated and appropriate actions taken based on the outcome of the investigation.

Zenergy eLearning Program Chain of Responsibility (CoR) for Operational Staff

This online course introduces you to requirements and obligations of Fatigue Management, Speed Compliance and Heavy Vehicle Safety and Roadworthiness, Load Management including Mass and Dimension and Load Restraint as they relate to Chain of Responsibility and the Heavy Vehicle National Law and the key aspects of these risks and how to manage them in accordance with the Heavy Vehicle National Law.

This course includes Module 2. Speed Compliance – Provides an overview of the Heavy Vehicle National Law (HVNL) and Regulations requirements and obligations for Speed Compliance, practical solutions and the key elements of managing the risks of speed compliance in your business, and specific requirements and obligations which include licence requirements, scheduling, speed breeches, monitoring speed compliance and speed limiter tampering.

Click on the following link to review further course details: Chain of Responsibility (CoR) for Operational Staff

Zenergy – Heavy Vehicle National Law and Chain of Responsibility (CoR)

Zenergy experienced consultants can assist in the development of CoR Transport Safety Management System (TSMS) documentation, conducting independent audits of your Management System documentation for management of transport safety, including Chain of Responsibility (CoR), to ensure it meets your responsibilities under the Heavy Vehicle National Law (HVNL).

For more information on our services feel free to email us at info@zenergygroup.com.au or call 1300 333 400.