The aim of the chain of responsibility is to ensure that all who bear responsibility for conduct which affects compliance should be made accountable for failure to discharge that responsibility. Driving hours regulations now contain serious offences for persons who require drivers to adhere to schedules, which would result in driving hours or speeding offences. These offences apply in particular to consignors and employers who require drivers to operate under unreasonable conditions.
To support the enforcement of the chain of responsibility, new inspection and search powers were introduced in Victoria on 1 July 2003.
In December 2004, legislation was introduced to extend the chain of responsibility principle to mass, dimension and load restraint offences. All parties in the transport chain, not just the driver and operator, can be made accountable for these offences. Features of the legislation are the categorisation of offences into minor, substantial and severe breaches, increases in the level of fines, a wider range of administrative sanctions and court orders, and new powers to direct vehicles. The legislation came into force on 30 September 2005.
Below are seven fact sheets on the chain of responsibility. The fact sheets provide general information on the chain of responsibility, and information on the responsibilities of specific parties in the transport chain.
- Fact Sheet 1 - Overview of the Chain of Responsibility [PDF, 148 KB, 1 page]
- Fact Sheet 2 - Consignor / Receiver [PDF, 133 KB, 1 page]
- Fact Sheet 3 - Loader / Packer [PDF, 135 KB, 1 page]
- Fact Sheet 4 - Driver [PDF, 134 KB, 1 page]
- Fact Sheet 5 - Operator / Manager / Scheduler [PDF, 135 KB, 1 page]
- Fact Sheet 6 - Container Weight Declarations [PDF, 70 KB, 1 page]
- New road transport laws [PDF, 129 KB, 1 page] (inspection and search powers), which came into effect on 1 July 2003 that support the enforcement of the Chain of Responsibility principle. The laws allow enforcement officers to inspect and search heavy vehicles and associated premises in order to detect road transport breaches. The laws apply to any person or company associated with road transport.
A code of practice is a voluntary code that meets the National Guidelines for Developing Codes of Practice. It also identifies appropriate and effective practices for a particular industry or business to achieve compliance with heavy vehicle laws that contain "Chain of Responsibility" provisions. Victorian legislation allows for codes of practice relating to mass, dimension and load restraint laws to be registered with VicRoads. The registration of codes of practice may provide a legal defence if breaches are detected. The information bulletin explains what is required and how to register a code of practice.
Registration of Codes of Practice with VicRoads for Chain of Responsibility [PDF, 156 KB, 1 page]
The Victorian Transport Association (VTA) has prepared four checklists to assist the freight and logistics industry to meet its responsibilities under the Victorian ‘Chain of Responsibility’ legislation for Mass, Dimension and Load Restraint.
Color copies of the checklist sets are available from the VTA on request at:
50 Wirraway Drive
Fisherman’s Bend Vic 3207
PO Box 5
South Melbourne 3205
website: www.vta.com.au
Tel: (03) 9646 8590
Fax: (03) 9645 3598
Email: admin@vta.com.au
Altenatively, the documents are available from 'More Information' below.