Australian Regulatory Trends 2019

Trade and transport

HEAVY VEHICLE NATIONAL LAW

NEW COR OBLIGATIONS

The HVNL is currently in place in Queensland, New South Wales, the Australian National Territory, Victoria, Tasmania and South Australia. The new COR obligations recognise that parties other than drivers of heavy vehicles, may be responsible for action or inaction, or impose demands, that has consequences for safety in the heavy vehicle industry. The changes are designed to recognise that any party in the supply chain in a position to control, influence or encourage particular on-road behaviour is identified, that such persons take positive steps to remove risk and that they will be held accountable for their action or inaction. The COR imposes a non-transferrable primary duty, which extends legal liability to all parties who have control or influence over the transportation of goods in the heavy vehicle supply chain (within the scope of the existing HVNL) including corporations, employers, prime contractors, vehicle operators, schedulers, consigners, consignees, receivers, loaders and unloaders.

AMENDMENTS TO THE HEAVY VEHICLE NATIONAL LAW

From 1 October 2018, amendments to the Heavy Vehicle National Law ( HVNL ) will impose new Chain of Responsibility ( COR ) obligations upon every party in the heavy vehicle transport supply chain The amendments to the HVNL will mean that parties to the supply chain will have a positive duty to eliminate and minimise risk by doing everything ‘reasonably practicable’ to ensure that transport- related activities comply with the HVNL. The COR obligations are expected to impact over 165,000 businesses that use heavy vehicles in their supply chain.

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