A Court of Appeals recently upheld that it is up to the Defendant NOT the Prosecution to prove that they took Reasonable Steps. More importantly it is up the Defendant to prove what the Reasonable Steps required were, NOT the Prosecution. This has a number of implications which will be discussed over forthcoming articles. “…that […]
State Authorities are Employing Specialists to Increase Chain of Responsibility Investigations. Victoria Victoria Police are now employing over 20 specialist mechanics to conduct roadside maintenance inspections. Already thousands of road side inspections have been conducted. “And it’s rumoured they found one truck with the trailer brakes chained back because the air hose connections were broken.” […]
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 […]
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.