Chain of Responsibility

LATUS are the recognised Australian specialists in “Chain of Responsibility”.

Since its inception in 2003 through to the latest Western Australian version of Chain of Responsibility, LATUS has been at the forefront of advice, implementation and compliance to Governments, Associations and Businesses.

If a body corporate commits a relevant heavy vehicle offence, each director of the body corporate, and each person concerned in the management of the body corporate, is deemed to have also committed the offence.

Victoria Road Traffic Act Part 11 200

LATUS have:

Chain of Responsibility Codes of Practice for different industry sectors;
Trained over 2000 people in Chain of Responsibility awareness and compliance;
Trained Chain of Responsibility Compliance Officers for Companies;
Implemented Chain of Responsibility systems and procedures;
Audited over 25o companies of all sizes for Chain of Responsibility risks;
Assisted in the Western Australia roll out of it new Chain of Responsibility legislation (note this differs in key areas from the national model legislation; and
Been the Court Appointed Expert Witness in cases involving Chain of Responsibility prosecutions.

What is Chain of Responsibility?

In 2003 the National Transport Commission (NTC) introduced the Chain of Responsibility (COR) Legislation, a national legislation that focuses on road accidents involving commercial vehicles. CoR legislation relates to what impact or influence people in the Transport industry may have on the transportation of goods and the use of commercial vehicles.

In essence – anyone who has influence over the transport task can be deemed to be liable in the event of a road law breach.

The onus of proof however is on you to prove you had taken all reasonable steps. For example if a load spills on to the road way, all the Police are required to prove is that it fell from your truck. It is up to you to prove that it was correctly load restrained, that you had the required policies and procedures, that you had trained the drivers and loaders and and and ……..

“In NSW a court held that the Policies and Procedures were such, that a driver could not reasonably have been expected to be able to understand them”.

Objectives of Chain of Responsibility Legislation

The Objectives of the Chain of Responsibility legislation are:

—To increase public safety on the roads
—To protect public infrastructure
—To create a level playing field by penalising “cheating company’s”
—To provide a safer industry for Drivers

And to encourage a risk management approach to the transport task.

How Chain of Responsibility Effects You

If you work in Transport CoR Legislation Effects you are legally obligated to comply with it.

Do you engage a Transport company?
Do you work in Transport?
Do you know how CoR affects you?
Do you understand the CoR legislation and the responsibilities all parties have?

Latus can train you and your companies on how Chain of Responsibility affects you and members of your company including the steps to take to make sure you comply.

Most importantly, we know the differences between each state, and they are significant. Generic Chain of Responsibility training may cause you grief in courts, as your staff “ought to have known”. If you want more information then contact us now, using the chat box below.

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