Fac­ing up to COR

Un­der­stand­ing your re­spon­si­bil­i­ties as a busi­ness owner could help in avoid­ing $ 3 mil­lion in fines or even jail time. War­ren Clark writes

Owner Driver - - News -

DO YOU un­der­stand how the new chain of re­spon­si­bil­ity (COR) laws will im­pact you as a truck­ing busi­ness owner?

With changes be­ing in­tro­duced in 2018, all par­ties in the chain of re­spon­si­bil­ity will be re­spon­si­ble for proac­tively man­ag­ing the risks as­so­ci­ated with their trans­port ac­tiv­i­ties. It will be­come ex­tremely im­por­tant that par­ties in the chain of re­spon­si­bil­ity iden­tify and man­age risks rather than re­act­ing when there is a pos­si­ble breach of law.

The changes to the Heavy Ve­hi­cle Na­tional Law in­volve a new chap­ter di­rected at chain of re­spon­si­bil­ity par­ties and the prin­ci­ple of shared re­spon­si­bil­ity. They in­clude a primary duty on chain of re­spon­si­bil­ity par­ties to proac­tively en­sure the safety of trans­port ac­tiv­i­ties, thereby re­plac­ing a num­ber of spe­cific of­fences that au­to­mat­i­cally im­pose li­a­bil­ity on a party when breaches are de­tected.

The new pro­vi­sions also in­clude a ‘due dili­gence’ obli­ga­tion on ex­ec­u­tive of­fi­cers of en­ti­ties with a primary duty, and pro­hibit re­quests and con­tracts that would cause a driver or chain of re­spon­si­bil­ity party to breach fa­tigue re­quire­ments or speed lim­its.

An ‘ex­ec­u­tive’ of a busi­ness must ex­er­cise due dili­gence to en­sure the busi­ness com­plies with the primary duty.

In or­der to meet the due dili­gence obli­ga­tion, ex­ec­u­tives must take rea­son­able steps to keep up to date with knowl­edge about safe prac­tices, en­sure that the busi­ness has re­sources avail­able and pro­cesses in place to man­age risk, re­spond to in­ci­dents, and to ver­ify that these re­sources and pro­cesses are pro­vided and used.

Failing to comply with primary duties has the po­ten­tial to deliver high penalties in­clud­ing com­pany fines of $3 mil­lion and in­di­vid­ual fines of $300,000.

TRUCK­ING SUMMITS

To en­sure all par­ties in the chain of re­spon­si­bil­ity can comply, NatRoad has been ac­tively in­volved in the changes to the Heavy Ve­hi­cle Na­tional Law to en­sure we can bring knowl­edge and tools to busi­ness own­ers.

NatRoad has started host­ing a series of free re­gional truck­ing summits bring­ing the ex­perts from the Na­tional Heavy Ve­hi­cle Reg­u­la­tor (NHVR) to dis­cuss how these changes will be in­tro­duced and what the in­dus­try will need to do.

From un­der­stand­ing your con­trac­tual ar­range­ments, and proac­tive risk man­age­ment, to un­der­stand­ing your po­ten­tial li­a­bil­i­ties un­der the new laws, the re­gional truck­ing summits are a great plat­form to hear first hand what the changes mean for your busi­ness, and what you need to do to be pre­pared.

We are run­ning a ‘Hot Topics’ page on our web­site which pro­vides de­tails of the chain of re­spon­si­bil­ity re­quire­ments.

To reg­is­ter for a free re­gional truck­ing sum­mit, visit www. na­troadsum­mit.com and pick the lo­ca­tion clos­est to you.

For those of you who can’t make it to one of our summits, there will be a series of pod­casts made avail­able on the NatRoad web­site at www.natroad.com.au.

“FAILING TO COMPLY WITH PRIMARY DUTIES HAS THE PO­TEN­TIAL TO DELIVER HIGH PENALTIES”

WAR­REN CLARK

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