Who is more likely to lose a load on a public road, a truckie or tradie?
A Tradie uses public roads for a commercial benefit, ie to get to a work site with their materials and tools. A truckie uses a public road to deliver goods to a site.
Category Archives: Chain of Responsibility
Chain of Responsibility Reasonable Steps Defence
The NSW Supreme Court has upheld the decision that a vehicle operator could not claim the “reasonable steps” defence after a breach of the mass requirement of the Road Transport (Vehicle & Driver & Management) Act because he did not check that a forklift operator had loaded the truck as instructed. The most common question […]
Maintenance is part of Chain of Responsibility
In recent weeks we have seen many reports on the Cootes incident in Mona Vale NSW. With a push to further involve equipment in any Chain of Responsibility prosecution. The ATA has been vocal with comments relating to maintenance be included under Chain of Responsibility. However, vehicle maintenance under the Chain of Responsibility act is covered […]
Hiding Behind your Spouse will not protect you from Chain of Responsibility Charges
Chain of Responsibility charges can be extended to include people who are associates of an influencing person. Influencing people or parties are defined under the Chain of Responsibility legislation, in varying forms in each state. For example in Queensland, it is under the Transport Operations (Road Use Management) Act 1995 (Qld), such people include: Driver […]
Local Government (Councils) Chain of Responsibility Risks
Mike Wood recently presented to the Institute of Public Works Engineering Australia (IPWEA) conference on the Chain of Responsibility Risks to Councils and what to do about protecting themselves. A question and answer session arising from the presentation has been published on the IPWEA website – click here to read more To find out how […]
Why Chain of Responsibility should apply it to all Commercial Vehicles?
This is why Western Australia got it right! They recognised the limitations of the national Chain of Responsibility laws and removed the 4.5 tonne GVM application limit.