Difference between Chain of Responsibility (CoR) and Compliance and Enforcement (C&E)

What is Compliance & Enforcement (C&E), what is Chain of Responsibility (CoR) are they different or are they the same?

Let’s dispel some myths; Chain of Responsibility (CoR) is an alternate term for Compliance and Enforcement (C&E), so why do we have different names?

Effectively the “Chain” in Chain of Responsibility explains how the legislation impacts industry. Effectively the “Chain” implies that if one link of the chain is affected then all the links in the chain are affected. As such, no longer is a driver out on their own if the have a road law breach, there is now a connection through the chain to all people along the chain that had some influence over the driver and the load carried.

Basically, what reasonable steps did all the parties in the chain do to ensure that the load and driver were legal on our roads.

Chain of Responsibility Transport company

From the diagram you can see that if the driver defaults and ends up with a road law breach effectively all those in the chain right through to the Director level can be held accountable for an action of the driver.

All the way up the chain they will be required to show they have taken Reasonable Steps to ensure the driver did not breach road law.

Chain of Responsibility and Compliance and Enforcement goes beyond..

But it does not stop there; other parties that are involved in the chain are also implicated. As a transport company you are affected, but ..

even the company you are carrying goods for can also be implicated, and even their suppliers could become part of the chain

 Do you contract transport companies to deliver ?

Chain of Responsibility for contracted deliveries For example, if you are contracted to carry goods for a large company both in and out of a site, you as a transport company are part of the chain, the company you are contracted to are part of the chain for goods they despatch from the site but also goods they organise to bring into the site.

Do you receive in bound deliveries?

In addition, those who supply goods to that site are also part of the chain.

Chain of Responsibility for Companies Receiving Deliveries

This means that every role within the chain has a responsibility to ensure that road law breaches do not occur. Companies that fail to take reasonable steps to ensure that breaches do not occur could face hefty fines in the future. In addition, corporate managers could face personal fines for failing in this area.

The next article will explore what you need to be compliant.

 

Mike Wood

Mike Wood, Managing Director – LATUS: Logistic Risk Specialists Mike Wood is the recognised Australian Specialist on Chain of Responsibility Legislation and its Impacts upon the Logistic Industry. Since 2003, Mike has been heavily involved in Chain of Responsibility (known as Compliance and Enforcement in Western Australia). Mike is frequently interviewed or comment sort by Australian Media outlets, as well as providing expert witness testimony in legal proceedings. Most recently engaged by the Western Australian Government to help educate WA businesses on the new Compliance and Enforcement legislation and its impacts on them. Mike regularly advises Governments and Business across South East Asia and Australia on Logistic Issues, and was particularly involved in the Chain of Responsibility legislation, and codes of practice. Mike’s expertise extends to multiple facets of the Supply Chain, having undertaken projects such as, Integrated Logistic Chain Design, Australian Disaster Management Response Logistics, Coal Chain designs, Port operation & infrastructure, Logging Operation design, Sugar production, livestock movements, logging etc.

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Posted in Chain of Responsibility, Industry News.

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