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Chain of Responsibility

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). 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.

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.

Freight & Trade Alliance (FTA), the Australian Peak Shippers Association (APSA) and the Container Transport Alliance of Australia (CTAA) offer a Chain of Responsibility Awareness Training covering the following content:

  • Know what the Heavy Vehicle National Law (HVNL) is, its 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 operational staff with learning outcomes to be able to complete day to day activities with confidence that they are compliant with legal requirements.

The course is available via www.ComplianceNetFTA.com.au - $137.50 (incl GST).

Note: this course has been accredited for 4.5 customs broker CPD points (CPD Stream B -FTA053).

Further information

FTA, APSA and Container Transport Alliance of Australia (CTAA) members are eligible for bulk registration discounts - to find out more about this option, please contact Travis Brooks-Garrett or Paul Zalai at 02 99751878.

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