Chain of responsibility
Chain of responsibility: what operators must do
Under the Heavy Vehicle National Law, responsibility for heavy vehicle safety doesn't stop with the driver. Everyone in the supply chain who has a part in a transport task can be a party with its own duty. This guide explains who those parties are and what the law expects of them.
Who is a party
A party is defined by what it does, not by its title or what a contract says. The HVNL sets out 10 functions. Some examples:
- Employer of a heavy vehicle driver.
- Operator, directing the control and use of a heavy vehicle.
- Consignor, coordinating and sending goods for transport.
- Packer, packing or assembling goods for transport.
- Loader, loading a heavy vehicle.
An employed driver is not a chain of responsibility party under the current HVNL. Drivers do have their own specific duties under the law, so training and supervision still matter. A driver who is also an owner or operator, or who performs another of the functions, is a party in that capacity.
Source: NHVR, The Primary Duty.
What the law requires of drivers
Drivers have duties of their own, separate from the chain of responsibility. Under the NHVR's fatigue guidance:
- A driver must not operate a fatigue-regulated heavy vehicle while impaired by fatigue.
- Drivers must comply with maximum work and minimum rest limits.
- Drivers must keep records of their work and rest hours, such as a work diary.
Following the work and rest rules does not, on its own, mean a driver is fit to drive.
Source: NHVR, fatigue management.
What the primary duty requires
Each party has a primary duty to ensure the safety of its transport activities, so far as is reasonably practicable. The duty also covers eliminating risks to the public, or minimising them where elimination isn't reasonably practicable. A party must not directly or indirectly cause or encourage speeding or a breach of the HVNL.
Source: NHVR, The Primary Duty.
What "reasonably practicable" means
The NHVR describes it as what should be done to ensure safety, weighing up all the relevant factors. It's a proportionality test: the measures you take should match how likely and how serious the harm could be. Doing nothing is not an option just because something is costly or inconvenient.
Executives
Under section 26D of the HVNL, executives of a chain of responsibility business have their own duty to exercise due diligence to make sure the business complies with its primary duty.
Source: NHVR, The Primary Duty.
How to show you have taken reasonable steps
If something goes wrong, you'll need to show what you did, not just what you intended. Keep records of:
- How you plan and schedule work, so that trips can be done legally and safely.
- How loads are checked and secured, including mass and loading arrangements.
- What you tell customers and contractors about your requirements, and how you respond when requests conflict with them.
- Training for the people who plan, load, dispatch or drive.
- What you do when a risk is reported, including corrective actions and reviews.
These records belong in your safety management system, where the auditor will look for them too.
Where Truck SMS fits
Truck SMS keeps your procedures, training records, risk register and corrective actions in one place, so you can show what you did for each party you are. You can also check how well your system covers chain of responsibility with our free SMS gap check.
This guide is general information, not legal advice. Check the Heavy Vehicle National Law and current NHVR guidance, and get advice for your own operation.