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 […]
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 […]
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 […]
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 […]
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.
The Western Australian the new Compliance and Enforcement (Chain of Responsiblity) will have significant impacts on Sub Contractor Management.