You may have heard about the beer truck which became wedged under a bridge in June. As the NSW Police aptly captioned it, Optimus wasn't looking so Prime. Roads and Maritime Services told the Sydney Morning Herald that the 4.23 metre truck was "off route" and tried to drive under a 3.7 metre low-clearance bridge. Fortunately, no one was injured in the bingle.

Events such as these remind us of the importance of ensuring both that heavy vehicles are not over-height, and that they are not driven on routes which are inappropriate for their height. Driving past a clearance sign, or low clearance sign, if the vehicle is higher than the height indicated by the sign, is an offence under (for example) the Road Rules 2014 (NSW), rather than Chain of Responsibility legislation. However, parties in the chain must ensure, so far as is reasonably practicable, the safety of their transport activities. Driving a heavy vehicle on an inappropriate route poses a risk to the safety of the driver, the public and of damage to public infrastructure.

Parties in the chain should conduct risk assessments identifying such risks and the influence or control that the party has over how the risk may be addressed. Drivers should be trained in which routes are appropriate for their vehicle and load, and have access to up-to-date information about safe routes. If GPS technology is provided to assist with routing, drivers should be warned of any limitations, for example whether the GPS is equipped to take clearance into account when re-routing after a vehicle has gone "off route". A solid CoR safety management system will help to prevent your vehicles or cargo ending up in a sticky situation.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.