As those in the transport and logistics industry would know, changes to the chain of responsibility provisions in the Heavy Vehicle National Law will commence on 1 October 2018.

That means transport operators have limited time left to be ready.

This week we are up to the seventh in our series of ten tips to help with your last-minute preparations.


Transport operators now have access to an enormous array of tools and technological solutions to allow them to monitor speed, vehicle performance and fitness to drive.

Technology now even permits on-board systems to electronically detect the level of a driver's alertness using blink pattern and eye movements.

Telematics data can be used by parties in the chain of responsibility to assist in complying with the primary duty to 'ensure, so far as is reasonably practicable, the safety of the party's transport activities'. For example, GPS data can allow schedulers to be responsive to drivers' remaining work and rest hours. Real-time information about speed also assists supervisors to manage on-road breaches of speed limits.

However, telematic systems do not provide a complete answer to CoR compliance and, indeed, CoR obligations can be met without using telematics. The data produced by telematics is only of assistance if it is monitored and used proactively to manage actual and anticipated breaches of CoR obligations.

If your heavy vehicles have on-board systems that detect breaches of speed and fatigue requirements, it is vital that you have procedures for:

  1. the monitoring of data collected; and
  2. the taking of immediate action by management if data indicates non-compliance or the risk of non-compliance with company policy or legislative requirements.

If your directors or managers need their questions answered on the new regime, we are running a CoR half day masterclass in Brisbane on 6 June 2018 – all the details are available here.

Watch out for tip #8 next week – Subcontractors and safety.

© Cooper Grace Ward Lawyers

Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.