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The Chain of Responsibility (CoR) laws require
that any goods loaded on a heavy vehicle are properly restrained.
For any goods not properly restrained, any person concerned with
the packing, loading, securing or carriage of the goods can expect
to be held liable under the Heavy Vehicle National Law
(HVNL).
But, the load restraint requirements don't just apply to the
goods as loaded onto a heavy vehicle, they also apply to the
restraint of goods within a freight container, which is usually
done at the point of origin and not visible or able to be inspected
by any party further down the chain. So, how do you ensure that you
are discharging your obligations in relation to the restraint of
goods within a container when you didn't pack the container and
can't check the load restraint within it once the doors are
sealed?
Like many problems, you need to attack it at the source. If
containers are packed by someone else within your supply chain, you
need to address load restraint with them – prior to the goods
being packed.
The 'old' HVNL included examples of steps that could be
considered reasonable in seeking to prevent load restraint
breaches, including:
exercising supervision or control over others involved in
activities leading to the contravention
including compliance assurance conditions in relevant
commercial arrangements with other supply chain parties
identifying and remedying similar compliance problems that may
have happened in the past.
Recent court decisions have identified the following practical
measures as potentially being required by importers, those
concerned with the loading of goods into containers and consignors
of containerised goods:
notify manufacturers and suppliers (including overseas) of the
load restraint requirements and performance measures applicable in
Australia
stow containers to minimise any space between the goods and
container walls – less than 200mm of gaps cumulatively in any
direction (side/side, fore/aft)
if in doubt as to the sufficiency of any load restraint system,
engage qualified load restraint engineers to design and/or approve
any load restraint system in accordance with the performance
measures in the Load Restraint Guide.
This is where the common objection 'my
customer/supplier' isn't interested in the load restraint
requirements and there's nothing that I can do to change this
most often arises. The truth of the matter is that anything is
possible, it is usually just a matter of making the request (and
exerting the right level of pressure) and/or addressing who will
pay any associated costs.
For those further down the chain (e.g. drivers, transport
operators) and who have nothing to do with the loading of the
goods, the following practical measures have been suggested by the
Courts as potentially being appropriate:
require customers to warrant that goods have been loaded and
restrained in accordance with the Load Restraint Guide
ensure that you obtain particulars of the goods, their weight
and the centre of gravity of the container, so that you can
determine the appropriate truck for the task (e.g. side loader vs
flat tray)
inspect containers before driving, to check for signs of load
shift (e.g. bulging container walls, damage from container
impact)
where any load shift is identified or later reported, require
the customer to satisfy you that they have reviewed their load
restraint practices to prevent any further incident of load shift
occurring
for any customers who have multiple incidents of load shift,
refuse to carry their goods.
Just like in romantic movies, it's what's on the inside
that counts. The CoR laws require you to look beyond the exterior
and find out whether your cargo is good or bad
underneath.
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.
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These changes to the CoR aspects of the HVNL affect all businesses operating in supply chains using heavy vehicles.
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