Chain of Responsibility - new provisions to commence 1 October 2018

Thursday, May 24, 2018

Sal Petroccitto – CEO, National Heavy Vehicle Regulator  delivered a presentation to members on Friday 11 May 2018 in Melbourne at the Global Shippers Forum and ICHCA International Conference hosted by Freight & Trade Alliance (FTA), the Australian Peak Shippers Association (APSA) and ICHCA Australia – further details are available HERE

Following the conference and in response to industry concerns, Sal Petroccitto announced that the statutory reforms will be postponed from 1 July to 1 October 2018 to allow some sectors additional time to prepare for the changes - further details available HERE

FTA / APSA welcome this move and again encourage members to take this opportunity to prepare for this important statutory and operational reform.

Obligations on FTA and APSA members

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 1 October 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.

Next in the series of FTA / APSA hosted Information Sessions

Join us at the Novotel Brisbane Airport on 20 June 2018 as a part of our CPD & CBC - Border and Biosecurity Compliance Program - full program available HERE 

Hear direct from NHVR executives and legal experts from the Transport and Trade division of Mills Oakley (Maurice Lynch, Senior Associate & Frazer Hunt, Partner).

Full event details and customs broker CPD points allocation available HERE

Reasonable Steps Defence - staff 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 

Course price - $137.50 (incl GST)

Bulk enrolment discounts are available for FTA / APSA / CTAA members.

To arrange for a free trail or for further enquiries, please contact Caroline on 02 9975 1878 or email

Paul Zalai - FTA / APSA