We have seen many examples of Policies and Procedures over the years. Ranging enormously in terms of quality and content. For example: Company “A”, completed a Gap Analysis of their Chain of Responsibility and were told they had 140 fail points within their system, they were duly horrified. The Board decided to get expert […]
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 […]
Enforcement Authorities and leading Legal minds we have spoken to, agree that Civil Litigation under the Chain of Responsibility framework could pose a far greater threat to Directors and Companies, than criminal prosecutions.
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.” […]
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.
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 […]