TLIF0002: Administer chain of responsibility policies and procedures

Learner Guide: TLIF0002

Administer chain of responsibility

policies and procedures

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Version No. Date Dept. Change

1.0 17/06/2016 Training Original

2.0 18/11/2016 Training Moodle Updates

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Contents TLIF0002 Unit Description ............................................................................................................. 6

Application of Unit ........................................................................................................................ 6

Element and Performance Criteria................................................................................................ 6

Performance Evidence .................................................................................................................. 7

Knowledge Evidence ..................................................................................................................... 7

Introduction to this Unit ............................................................................................................... 8

1. What is Chain of Responsibility? ............................................................................................... 8

2. Who is covered by the chain of responsibility? ......................................................................... 8

3. Safety Legislation ...................................................................................................................... 9

4. Workplace Communication ..................................................................................................... 10

5. Employers / PCBU safety responsibilities ................................................................................ 11

6. What are Reasonable Steps in Legislation? ............................................................................. 11

6.1. How can I show I have taken reasonable steps? .................................................................. 12

7. Examples of Taking Reasonable Steps in A Supply Chain ........................................................ 12

(A). Operator/manager/scheduler .............................................................................................. 12

(B). Consignor/consignee ............................................................................................................ 13

(C). Loading manager/loader/packer .......................................................................................... 13

(D). Driver/owner-driver ............................................................................................................. 13

8. Employees / Workers safety responsibilities .......................................................................... 13

9. What are Policies and Procedures? ......................................................................................... 14

10. Chain of Responsibilities Penalties ........................................................................................ 14

10.1. Court Case and Penalties – Lennon’s Transport. ................................................................ 15

11. Speed Management and Legislation ..................................................................................... 15

11.1. Transport Company responsibility covers the following; ................................................... 16

11.2. Truck Drivers responsibility covers the following; .............................................................. 16

11.3. Consignor/Consignee responsibility covers the following; ................................................. 16

11.4. Loading Managers responsibility covers the following; ..................................................... 16

12. Fatigue Management ............................................................................................................ 16

12.1. Signs of fatigue ................................................................................................................... 17

12.2. Fatigue Management Legislation ....................................................................................... 17

13. Fatigue Management Standards ........................................................................................... 18

13.1. Standard Hours – Fatigue Management (SFM) .................................................................. 18

13.2. Basic Fatigue Management (BFM) ..................................................................................... 18

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13.3. Advanced Fatigue Management (AFM) .............................................................................. 19

14. Load Restraint ....................................................................................................................... 19

14.1. Did You Know? ................................................................................................................... 19

15. Load Restraint Methods ........................................................................................................ 20

15.1. Load Restraint – Forward Movement ................................................................................ 20

15.2. Load Restraint – Backward Movement .............................................................................. 21

15.3. Load Restraint – Sideways Movement ............................................................................... 21

15.4. Load Restraint – Slopes or hills .......................................................................................... 21

15.5. Load Restraint – Road cambers .......................................................................................... 22

15.6 Load Restraint– High Wind Conditions ................................................................................ 22

15.7. Load Restraint – Rough or uneven surfaces ....................................................................... 22

15.8. Load Restraint – Tie-down Method .................................................................................... 22

15.9. Bulk Tankers ....................................................................................................................... 23

16. Case Study – Load Restraint .................................................................................................. 23

16.1. Proceedings against the operator ...................................................................................... 23

17. Mass Management ............................................................................................................... 24

17.1. What the standard means .................................................................................................. 25

17.2. Communications with the Transport Operator .................................................................. 25

17.3. Container weight declarations ........................................................................................... 26

17.4. What is a CWD?.................................................................................................................. 26

17.5. What is each party’s responsibility with a CWD? ............................................................... 26

(i). Consignor ............................................................................................................................... 26

(ii). Operators .............................................................................................................................. 27

(iii). Drivers .................................................................................................................................. 27

(iv). Consignee............................................................................................................................. 27

18. Case Study – Mass Management .......................................................................................... 27

19. Heavy Vehicle Dimensions .................................................................................................... 28

19.1. Vehicle Widths ................................................................................................................... 28

19.2. Vehicle Heights .................................................................................................................. 28

19.3. Vehicle Lengths .................................................................................................................. 29

20. Case Study – Dimension compliance ..................................................................................... 29

21. Workplace Documentation ................................................................................................... 30

21.1 Fatigue ................................................................................................................................ 30

21.2. Speed................................................................................................................................ 30

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21.3. Overloading ...................................................................................................................... 31

21.4. Load Restraint .................................................................................................................. 31

21.5. Dimensions......................................................................................................................... 32

22. Most Direct Route ................................................................................................................. 32

23. What might be involved in a COR investigation? .................................................................. 33

Penalties and Infringements ....................................................................................................... 34

Types of Penalties Established Under the HVNL ......................................................................... 34

Infringeable Offences .................................................................................................................. 34

Court Imposed Penalties ............................................................................................................. 34

Demerit Points ............................................................................................................................ 35

Indexation of Penalties ............................................................................................................... 35

Further Information ........................................................................................................................ 35

Federal Government ................................................................................................................... 35

Victoria ........................................................................................................................................ 35

New South Wales ........................................................................................................................ 35

Queensland ................................................................................................................................. 35

Tasmania ..................................................................................................................................... 35

South Australia ............................................................................................................................ 35

Western Australia ....................................................................................................................... 36

Northern Territory ...................................................................................................................... 36

Australian Capital Territory ......................................................................................................... 36

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TLIF0002 Unit Description

Application of Unit

This unit involves the skills and knowledge required to manage suppliers in various contexts within the transport and logistics industry.

It includes assessing and building productive relationships with suppliers, and evaluating the delivery of goods/services against agreements. It also includes negotiating arrangements, resolving disagreements with suppliers and reviewing supplier performance.

The unit generally applies to those who lead individuals or teams.

No licensing, legislative or certification requirements apply to this unit at the time of publication.

Element and Performance Criteria

1. Explain chain of responsibility features in the Heavy Vehicle National Law and regulations or applicable state/territory law and regulations

1.1 Principal obligations relating to chain of responsibility in the Heavy Vehicle National Law (HVNL) and regulations or applicable state/territory law and regulations are identified

1.2 Principal duties of each party in the chain of responsibility as outlined in the HVNL and regulations or applicable state/territory law and regulations are explained.

1.3 Breaches and penalties for each party for failure to comply with chain of responsibility as outlined in the HVNL and regulations or applicable state/territory law and regulations are explained.

1.4 Reasonable steps to be followed by each party to comply with chain of responsibility as outlined in the HVNL and regulations or applicable state/territory law and regulations are explained.

2. Administer chain of responsibility requirements in the Heavy Vehicle National Law and regulations or applicable state/ territory law and regulations

2.1 Workplace policies, procedures and other documents that include chain of responsibility as it applies to responsibilities of own job role are identified and explained

2.2 Methods and requirements to ensure management of speed and fatigue are explained

2.3 Methods to calculate vehicle dimension and mass limits are explained 2.4 Methods to ensure loads are secured are explained 2.5 Workplace documents relating to chain of responsibility are completed and

processed to workplace requirements

3. Administer and monitor chain of responsibility workplace policies and procedures

3.1 Workplace policies and procedures relating to chain of responsibility are applied within the scope of responsibilities of own role

3.2 Workplace policies and procedures relating to chain of responsibility and any associated changes are communicated to all staff

3.3 Application of workplace policies and procedures relating to chain of responsibility is monitored to ensure compliance with requirements

3.4 Appropriate action is taken when non-compliances with chain of responsibility requirements are identified

4. Identify and report chain of responsibility breaches

4.1 Chain of responsibility breaches are identified and investigated, and appropriate rectification action is taken

4.2 Workplace and industry practices for reporting chain of responsibility breaches are identified and followed

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Performance Evidence

Evidence of the ability to:

 applying chain of responsibility obligations relating to own job role on a minimum of three occasions

 applying and monitoring workplace policies and procedures relating to chain of responsibility in a supervisory role for a minimum of four weeks

 preparing reports of chain of responsibility breaches on a minimum of three occasions, each about a different type of breach.

Knowledge Evidence

To complete the unit requirements safely and effectively, the individual must:

 action required when possible breaches of the chain of responsibility are identified  consequences of non-compliance with the chain of responsibility  roles including

o duties within the individual’s own role o duties performed by others under the individual’s supervision o duties that influence or direct other parties in the chain of responsibility

 methods and requirements to ensure management of fatigue, speed, load restraint, mass and dimension

 parties in the chain of responsibility including o consignors and consignees o driver’s/owner drivers o employers, prime contractors and operators o loaders o loading managers o packers o parties in the extended liability provisions of the HVNL and regulations or applicable

state/territory law and regulations o schedulers

 principal obligations relating to chain of responsibility in the HVNL and regulations or applicable state/territory law and regulations including

o consideration of traffic conditions in managing speed and fatigue o extended liability o fatigue, work and rest times o securing loads o vehicle dimension and load limits

 what constitutes a duty, a reasonable step, a breach and a penalty to chain of responsibility regulations as they apply to a range of job roles

 where to locate current chain of responsibility information  workplace policies and procedures around chain of responsibility for own job role and the

range of job roles for which own job role is responsible.

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Introduction to this Unit

This unit involves the skills and knowledge required to identify, apply and follow chain of responsibility policies and procedures in a supervisory role in relation to heavy vehicles. It includes explaining the chain of responsibility features and administration the requirements in the Heavy Vehicle National Law (HVNL) and regulations or applicable state / territory law and regulations. It involves administering and monitoring chain of responsibility workplace policies and procedures, and identifying and reporting chain of responsibility breaches.

1. What is Chain of Responsibility?

The chain of responsibility concept initially developed out of a recognition that unlawful behaviour by heavy vehicle drivers and transport owners to influenced and often controlled by the actions of other parties in a supply or distribution chain. Concerns arose that transport laws had often focused on the actions of truck driver while failing to sufficiently recognise and regulate the actions of other key parties in the supply chain. Chain of responsibility laws therefore seek to provide and ensure that these other parties in the supply chain cannot encourage or make demands on truck drivers or transport operators to undertake unlawful actions.

The chain of responsibility means that anybody, not just the driver or the vehicle can be held responsible for breaches of road traffic laws and may be made legally liable. In other words, if you use road transport as part of your business, you share responsibility for ensuring breaches of road laws do not occur. So if a breach of road transport law occurs due to your action, inaction or demands, you may be legally accountable.

Put simply this means:

Control = Responsibility = Legal Liability

2. Who is covered by the chain of responsibility?

If you are involved in any of the following road transport activities you may be held responsible for breaches of road laws:

 Consigning – a person or company commissioning the carrying of goods

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 Packing – placing goods in packages, containers or pallets  Loading – placing or restraining the load on a vehicle  Driving – the physical act of driving a heavy vehicle  Operating – operating a business which controls the use of a heavy vehicle  Receiving – paying for the goods/taking possession of the load

You also have obligations not to coerce, induce or encourage a breach of road transport laws.

In addition to ensuring compliance with road laws, you have to take reasonable steps to make sure that you do not pass on to other parties any false or misleading information about a vehicle or its load. If you victimize an employee or contractor who raises concerns about actual or possible breaches of road transport laws, you have also committed an offence.

3. Safety Legislation

Maintaining workplace health and safety (WHS) or occupational health and safety (OHS) is an essential part of any workplace and the planning requirement of any organisation. Today, many organisations are broadening their management of WHS / OHS to include all aspects of their employees’ health, not just preventing short-term illness and injury. Some States Workplace Health and Safety (WHS), at its most basic level, involves protecting the health, safety and welfare of employees and others affected by the work organisations undertake. This includes customers, suppliers, subcontractors and members of the public.

Many organisations now include the management of the environment as part of the Safety Officers area or responsibility. To function at its best, WHS should be systematic and should operate as part of the larger system and culture of the organisation.

The days of WHS being an afterthought, an unwanted add-on, are long gone. WHS must be an essential part of the organisation and the way WHS is managed should reflect the overall philosophy and practice of the organisation. Consequently, considerations now go beyond minimum compliance, harm minimization and a primary concern with keeping costs down.

Government has changed their focus from concentrating on an individual to the senior management levels of the company. Their focus is to go for the money person or the Directors as this strategy can get a more rapid outcome, larger penalty and a change in safety attitude or workplace culture.

The current safety legislation in most States and Territories is the WHS Act 2011 and WHS Regulations 2011. In addition to this safety legislation each State or Territory has their own Traffic

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Acts to cover all aspects of transportation. This legislation should include obligations to cover fatigue, chain or responsibility, speeding and mass management. In addition to this there are multiple Codes of Conduct and Advisory Standards.

On 10 February 2014 the Heavy Vehicle National Law 2012 (HVNL) commenced, replacing existing laws governing the operation of all vehicles over 4.5 tonnes gross vehicle mass in Queensland, New South Wales, Victoria, South Australia, the Australian Capital Territory and Tasmania. This legislation was a national initiative to make heavy vehicle compliance uniform across Australia.

This legislation provided a “one stop” authority to manage heavy vehicles. The National Heavy Vehicle Regulator (NHVR) was established to administer the HVNL and is now the first point of contact for the majority of your heavy vehicle business

Roads Maritime Services (RMS) NSW is the relevant authorities responsible for assessing compliance and enforcement in New South Wales. Similar regulatory authorities exist in the other States and Territories around Australia.

4. Workplace Communication

As part of providing a safety workplace it is a requirement to discuss changes in how work is to be done or changes in policies and procedures with all workers. As a transport company, there is a duty to communicate the requirements of legislation covering the chain of responsibility to all clients of the organisation and those likely to use its services.

In non-transport companies, there is a need to make workers and decision makers aware of the requirements of chain or responsibility. Most transport companies will hold meetings with clients and discuss the range of services they offer including their policies, procedures and work instructions.

During this meeting the transport company will discuss the legislation covering fatigue, overloading, speed, dimensions of products being transported and load restraint.

With large distribution companies where many vehicles are operated from the same site, the transport company will offer a person to supervise loading, legislation and other customer service requirements.

Many companies have tool box meetings with workers either daily or weekly to discuss safety issues, new processes and training needs of the workplace. This may include communication about new plant and equipment to be introduced, new products, new services, changes in employment conditions and the like.

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5. Employers / PCBU safety responsibilities

An employer or Person Controlling a Business or Undertaking (PCBU) must take reasonable steps to ensure the health, safety and welfare at work of all the employees or Workers of the employer. What constitutes reasonable steps will vary according to each workplace or individual’s circumstances. This could include:

 Adopting a risk management approach  Becoming aware of the requirements of an accreditation scheme.  Reviewing your business practices.  Changing your commercial arrangements.

A number of risk management standards are available that can assist you in developing business practices to minimise the risks of non-compliance in relation to driver fatigue, mass and speeding in your business. The main risk management standard in Australia is AS/NZ 4360:1990 on Risk Management.

There are a variety of audited accreditation and quality schemes already operating in the transport and logistics industries. Using accredited truck operators provides some assurance that your contractors have relevant business systems in place and are managing risks. Appropriate accreditation schemes which address your specific risk exposures may assist you in showing reasonable steps were taken under the chain of responsibility.

In summary this means providing;

 A safe workplace  Safe systems of work  Plant and equipment that is safe to use or operate  Training of employees  Consultation with stakeholders when workplace systems change  Penalties can be imposed on the employer / PCBU for a breach of legislation.

6. What are Reasonable Steps in Legislation?

Reasonable steps covered under legislation are the actions supervisors and managers can take to ensure that heavy vehicle drivers do not drive in contravention of the Heavy Vehicle National Law (HVNL) and comply with current legislation.

A person in the supply chain can claim a ‘reasonable steps’ defence if they can show they did not know or could not reasonably have been expected to know that a breach had occurred. In making a ‘reasonable steps’ legal claim a person has to prove:

 they took all reasonable steps to prevent the breach, or  there were no reasonable steps they could have taken to

prevent the breach.  For a legal defence to be successful, ALL reasonable steps

must have been taken, not just one or some of them.  An operator of a vehicle used in the commission of an

offence against the HVNL may also raise a defence that at the time of the offence the vehicle was being used by:

o an employee who was acting outside the scope of his or her employment o an agent (in any capacity) who acted outside the scope of the agency o another person who was not entitled to use the vehicle.

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6.1. How can I show I have taken reasonable steps?

There are no restrictions on the ways in which a person can demonstrate that they took reasonable steps and will vary depending on circumstances. Business practices should include methods to identify, assess, control, monitor and review situations that put driver safety at risk. These include:

 Risk identification – What could happen?  Risk assessment – What is the likelihood it may happen?  Risk control – What can we do about it, or to prevent it?  Review as required

You should ensure that policies and procedures are understood by all workers and they are trained in their use. The practices should be comprehensive yet flexible enough to allow for changes through regular review, in response to accidents/incidents or at times when things just go wrong.

Some examples of reasonable steps include:

 conducting regular audits of work schedules and work records  regularly reviewing business activities, processes, policies and written instructions and

identifying how best to manage outcomes and prevent offences  implementing processes to be used after unexpected delays, or times when things just go

wrong  planning for driver rest breaks with some consideration for unexpected traffic delays when

creating trip timetables  providing accurate weights of containers and ensuring loads will not exceed vehicle mass or

dimension limits  positioning and securing loads to ensure they remain stable for the entire journey  if a breach occurs putting procedures in place to prevent similar breaches or issues from

happening again  establishing a risk management plan  conducting training to develop staff awareness of business policies and procedures and their

obligations; such as fatigue management, speed compliance, loading and unloading  ensuring staff are not just aware of their obligations, but are actively engaged in

implementing practices.

7. Examples of Taking Reasonable Steps in A Supply Chain

(A). Operator/manager/scheduler

Examples of how operators, managers, or schedulers may demonstrate reasonable steps were taken to prevent a breach occurring include:

 having work practices in place to ensure vehicles and equipment are kept in good condition and all loads are properly restrained.

 implementing systems and procedures to ensure that the mass of each vehicle is assessed and recorded for each trip.

 routinely checking your records of drivers’ activities, including work and rest times, to ensure they are complying with all regulations and instructions.

 ensuring your scheduling system is able to be audited and allows for sufficient rest and sleep.

 fostering commercial arrangements with other responsible persons which include operating conditions that comply with the law.

 providing employees with easy and unrestricted access to all necessary information, instruction, training and supervision to allow them to comply with relevant laws.

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(B). Consignor/consignee

Examples of how consignors or consignees may demonstrate they took all reasonable steps to prevent a breach occurring include:

 having processes in place to accurately weigh and measure all goods to be transported by road

 set realistic delivery timelines which make allowances for unexpected delays such as traffic or road works

 request information from transport operators and/or drivers about what systems they have in place to prevent breaches of road transport laws when transporting your goods.

(C). Loading manager/loader/packer

Examples of how loading managers, loaders or packers may demonstrate they took all reasonable steps to prevent a breach occurring include:

 using a loading diagram for different types of loads to ensure axle weight limits are not exceeded

 under-loading for the first trip and verifying the weight at some stage of the journey if the vehicle’s weight cannot be accurately assessed at the time of loading. Subsequent loads can be adjusted accordingly

 fitting scales to loading equipment and keeping a “running” total of the weight of the load for each trip

 using a pre-printed form which requires the person in control of packing or loading the goods to verify the accuracy of any records

 notifying drivers if loading/unloading times will be 30 minutes or more either late or early so they can manage their work/rest times

 providing rest facilities to allow drivers to take rest while waiting if the loading/unloading schedule has long queues.

(D). Driver/owner-driver

Examples of how drivers or owner-drivers may demonstrate they took all reasonable steps to prevent a breach occurring include:

 ensuring that your conduct does not compromise road safety or involve breaking the law

 you should know your vehicle’s mass – For example keep weighbridge dockets, use on-board scales to check your weights, and keep any loading documentation that shows the weight of your load, and ensures that your vehicle does not exceed legal dimensions

 check your load to ensure it is properly restrained – even if you are not the person who loaded the vehicle

 checking the condition of restraining equipment (chains, ropes, straps etc.) for signs of wear.

8. Employees / Workers safety responsibilities

Employees have a number of responsibilities to their employer, work colleagues and visitors to the workplace. In summary this means that an employee / worker must;

 Be physically fit for work

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 Be mentally fit for work  Work in a safe and responsible manner  Follow all lawful instructions and work procedures  Participate in training

9. What are Policies and Procedures?

To comply with legislation every workplace must have policies and procedures to manage their business. Some procedures are broken down into small components to be more specific about a section of a procedure. These are often referred as SOPS or standard operating procedures. The most common types of policies and procedures cover staff induction, safety, health, accounting, sales, plan operation as examples.

Policy definition Policies and procedures are designed to influence and determine all major decisions and actions, and all activities take place within the boundaries set by them.

Procedure definition Procedures are the specific methods employed to express policies in action in day-to-day operations of the organization.

Together, policies and procedures ensure that a point of view held by the governing body of an organization is translated into steps that result in an outcome compatible with that view.

To comply with heavy vehicle legislation and chain of responsibility (COR) a workplace should have policies and procedures covering the following;

 Fatigue management  Mass management  Load restraint  Vehicle dimensions  Vehicle maintenance  Speeding

Each of the dot points above will need an individual procedure as to how it is to be managed by either a transport operator or a client of transport services. The College has a subject of the process to develop policies and procedures as part of a Diploma course.

10. Chain of Responsibilities Penalties

Road Transport legislation allows the relevant authority in each State or Territory to employ a systemic and strategic approach to enforcement of Road Transport Laws. Through targeted investigations, the States have used their regulatory powers to ensure the practices of responsible parties in the chain lead to improved compliance, asset protection and safer roads for the people.

Total number of charges laid by the RMA New South Wales as at June 2010 totalled 2,086 charges.

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A court imposed order that requires a person found guilty of an applicable road law offence to pay a fine which cannot exceed three times the gross commercial benefit that a person did or could have obtained by committing an offence against road transport law.

10.1. Court Case and Penalties – Lennon’s Transport.

Report from Daily Telegraph NSW

THUNDERING along the Hume Highway early one Monday evening, a Lennon’s truckie told highway police who caught him doing 133km/h in a 100km/h zone: “I’m havin’ trouble with the brakes.”

The next day, that same truckie, Vincent George, was behind the wheel of his B-double when it veered across the grass median strip and killed an elderly couple and their son in a head-on crash.

His earlier explanation for speeding is just one of the excuses contained in the Lennon’s Transport “shame file”, the documents tendered to Downing Centre Local Court which last week handed down what is believed to be a record $1,316,469 in fines to the trucking company and its sole director, Tony Lennon, for failing to stop employees speeding. They reveal that within just five days after the deadly crash at Menangle on January 24, 2012, three more Lennon’s truckies were caught speeding.

Magistrate Lisa Stapleton said last week that the company’s record of 170 speeding offences between February 2011 and March 2012 were “the most serious” and that while Mr. Lennon, 57, had apologized, she did not think he had “fully accepted responsibility for his actions”.

It was the January crash that killed Calvyn Logan, 59, and his parents Donald and Patricia Logan, both in their 80s, that sparked the police and Roads and Maritime Services crackdown on Lennon’s and the rest of the trucking industry.

Vincent George, 36, of Picnic Point, who the District Court heard was sleep deprived and on methadone at the time, was found guilty of unlawful killing. He was remanded in custody, due to be sentenced on September 12. There was no evidence that anything was wrong with the B-double’s brakes.

The company’s 23 prime movers, which cover around 9.5 million kilometres a year across the country’s highways, had been caught speeding at all hours of the day and night but despite having GPS trackers, there was no evidence the company checked average speeds by reference to drivers’ fatigue logs and pick-up and delivery times.

One truck was caught speeding 50 times in eight months and two trucks had speed limiters disabled. The full article can be read on the internet or NSW Court papers.

11. Speed Management and Legislation

Under the Chain of Responsibility legislation all persons or organisations in a supply chain are required to have systems and procedures in place to monitor and manage non-conformance. These must be a process to review or enforce issues where a non- conformance has happened. Speed management of a heavy vehicle is part of the chain of responsibility legislation. This is done by many different methods especially when technology is used.

All heavy vehicles are required to have a device called a speed limiter. This will prevent the vehicle from travelling over 100klm an hours and should have a warning if it exceeds the limit.

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Sometimes the speed limiters are tampered with which deactivated the device.

Under legislation transport companies are required to have a person trained to be a vehicle scheduler of a single vehicle or fleet of vehicles to ensure compliance.

This process should ensure that that driver has adequate time provided to meet the planned scheduled times or time slots for the delivery.

11.1. Transport Company responsibility covers the following;

1. Must ensure that driver schedules do not require drivers to exceed the speed limit. 2. Must ensure that vehicle speed limiters are functioning 3. Must develop contingency plans to deal with scheduling issues and problems with meeting

deadlines 4. Must provide a method for driver to report delays or other problems 5. Must ensure that delivery times do not put pressure on drivers to exceed the speed limit.

11.2. Truck Drivers responsibility covers the following;

1. Must ensure that speed limits are observed at all times 2. Must ensure that safe and responsible driving behaviour happens at all times

11.3. Consignor/Consignee responsibility covers the following;

1. Must ensure that schedules do not put pressure on drivers to exceed the speed limit 2. Must ensure that appropriate time is factored for the job to be completed without requiring

the driver to speed. 3. Must ensure that contracts include speed compliance and that it is monitored. 4. Must develop contingency plans to deal with scheduling issues and problems with meeting

deadlines

11.4. Loading Managers responsibility covers the following;

1. Must ensure that loading / unloading schedule do not require drivers to speed 2. Must regularly review loading and unloading times and delays. 3. Must identify potential bottlenecks in unloading and loading 4. Must ensure that timeslots can be relied upon

12. Fatigue Management

In Australia each year more than 1500 persons are killed and approximately 22,000 are seriously injured in traffic accidents. The total economic cost exceeds $15 billion annually and the accompanying social costs greatly impact on our communities every day. Whilst many factors contribute to safety on the road, driver health is an important consideration. Drivers must meet certain medical standards to ensure that their health status does not increase the risk of an accident on the road including fatigue.

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Fatigue can affect a persons’ health, reduce performance and productivity and can increase the chance of a workplace or road accident. Evidence also suggests that fatigues people are more likely to engage in risk taking behaviour. Importantly, fatigue may affect a persons’ judgement of his or her own state of fatigue. This means that the effective management of fatigue should not be the responsibility of the driver alone.

Employers, employees and all parties in the supply chain have a role in ensuring that any risks associated with fatigue can be eliminated, minimised or controlled through the development and implementation of an effective fatigue management system including policies, procedures and work instructions.

This is a new challenge and one that is now being addressed by management by having all employees undertake regular medicals annually and before commencing work each day, complete a “fitness for duty” self-checklist. This self-check includes the number of hours a person has slept in the last 24 hours, use of alcohol and drugs in the last 24 hours and the time in hours taken to drive to and from work each day.

This is not an invasion of an individual’s privacy but a legislative requirement to provide a safe workplace and safe systems of work. Remember the employee has to be fit for work as part of his or her requirement to legislative obligations.

12.1. Signs of fatigue

Everyone working with transport operators must be able to identify the signs of fatigue in an employee, contractor or subcontractor. To ensure compliance, all Schedulers and those working with transport operators must complete a nationally recognised training program.

The signs of fatigue are;

 Loss of alertness  Excessive yawning  Itchy eyes  Drowsiness  Nodding heads  Falling asleep at work  Poor Memory  Bad Mood and aggressive  Near misses or errors of judgement

12.2. Fatigue Management Legislation

In Australia we have three levels of government, federal, state and local. Fatigue management is State based legislation passed by each State government to an agreed draft national framework. The initial legislation for fatigue management legislation came into effect on the 28th September 2008. This legislation was revised on 10 February 2014 and a new national authority was formed to manage heavy vehicle [NHVAS] compliance in Australia.

If you are responsible for providing directions about when to drive a vehicle, types of work to be performed and timeframes for rest that will be followed by heavy vehicle drivers, then under the legislation you are considered a “Scheduler”. Training in this process must be provided and documented as part of a risk management strategy.

Owner driver/operators who provide transport services under a larger or national NHVAS accredited operator may also be deemed to be a scheduler if they are managing their own work and rest schedules.

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13. Fatigue Management Standards

There are three national fatigue management Standards in Australia. These Standards have been developed in consultation with employers, employees, unions, government agencies and the wider business community.

13.1. Standard Hours – Fatigue Management (SFM)

The most common option used by business in the Transport and Distribution Industry under Fatigue Management is the standard hour’s model. This option sets and defines limits for work and rest for a heavy vehicle driver.

All vehicles with a gross vehicle mass of 4.5 tonnes must comply with fatigue management legislation. Drivers must have a work diary to record the work they perform and the period of rest during a work day. The maximum working day for a heavy vehicle driver under SFM is 12 hours.

13.2. Basic Fatigue Management (BFM)

This model offers more flexibility of working hours and retains the ability to work 14 hour shifts. It gives operators a greater say in when they can work and rest providing the risks of working longer hours are properly managed. Operators under Basic Fatigue Management (BFM) will need to be accredited in the National Heavy Vehicle Accreditation Scheme (NHVAS) and comply with six (6) Standards covering scheduling, rostering, fitness for duty, fatigue knowledge and awareness, responsibilities, internal review, records and documentation. Working longer hours and night shift is widely recognised as high risk work.

Under BFM a driver can work up to 14 hours in 24 hours but must have a 7 hour continuous rest break in that period but is able to split the rest break.

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13.3. Advanced Fatigue Management (AFM)

This system encourages operators to develop and customize an auditable safety management system with controls specific to fatigue risks of a particular business. Limits are set on a case by case basis and are dependent upon the individual circumstances and the counter measures proposed by the operator to manage the higher risk.

To access this system an operator must be NHVAS AFM accredited and comply with ten (10) Standards including scheduling and rostering, operating limits, readiness for duty, health, management practices, work place conditions, fatigue knowledge and awareness, responsibilities, records and documentation and an internal review process. Under this scheme the operator proposes certain working limits that have to be accepted and able to be audited.

The national maximum limit of 16 hours cannot be exceeded in a 24 hour period. This fatigue management system is used by some livestock carriers where it is not practical to stop and rest after 14 hours of driving under BFM as the load (livestock) must be watered and feed.

14. Load Restraint

Under the Chain of Responsibility (CoR) the employee and employee must ensure that loading arriving at the workplace and departing from the workplace are correctly secured on the delivery vehicle. To ensure that industry has good knowledge, the government has published a Load Restraint Guide 2004. If a load is lost off a vehicle after it leaves a workplace premises, the person responsible for the loading of the vehicle may be fully or partially responsible for the situation.

14.1. Did You Know?

Every load must be restrained to prevent unacceptable movement during all expected conditions of operation. The load restraint system must meet the required load restraint standard. If the load doesn’t shift when subjected to forces illustrated below it will be a safe load and safe systems of work.

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15. Load Restraint Methods

There are many types of load restraint equipment used in Australia. The type used will depend on the product be secured on the vehicle. Ropes have been used for many years in the transport industry and are now replaced by tie down straps.

A rope is a group of yarns, plies, or strands that are twisted or braided together into a larger and stronger form. Ropes have tensile strength and so can be used for dragging and lifting, but are too flexible to provide compressive strength. Ropes made from metal strands are called wire rope.

Tie down straps are mostly used by transport operators to secure loads. The colour of the strap confirms what the safe working load is of the strap. The SWL is also printed on the strap if the colour coding is not known by the user.

Chains are used for securing steel and heavy machinery. A large bulldozer may weigh 85 tonnes so the chains used must be high tensile and be able to secure the bulldozer during transit. To improve the tension of a chain, a binder is used or a product called a “dog”. Both methods work.

Shrink wrapping or stretch wrapping is used to secure products on a pallet. The stretch wrap can be either manually applied or done with a machine. The wrap must be stretched to give it tension. With shrink wrapping the plastic is shrunk with heat to give it tension.

Wire rope is used in the construction industry to lift and lower products in the loading and unloading process. Wool bales are often secured on transport using small diameter wire rope.

Side curtain used on many semi-trailers is not a load securing method. Many truck drivers will tell you that it is but it is not.

Dunnage is used to prevent movement of products during transit. Dunnage is timber cut to size and dimensions either in hardwood or pine. It can block forward, sideways or backward movement. This is essential when moving equipment or odd shaped products.

15.1. Load Restraint – Forward Movement

When moving, a vehicle and its load are subjected to forces caused by changes of speed, direction or slope. These forces result from braking, accelerating, cornering or travelling over cambered, undulating or uneven road surfaces and air flow. The load can shift forward when driving forward and braking, or accelerating in reverse.

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15.2. Load Restraint – Backward Movement

The load can shift rearwards when braking in reverse, or accelerating forward

The braking force on the load is often higher at low speed than at high speed because the brakes may grab suddenly.

15.3. Load Restraint – Sideways Movement

The load can shift sideways when cornering. The amount of force needed to prevent the load shifting will increase as the speed increases and as the corner gets tighter.

15.4. Load Restraint – Slopes or hills

The force on the load when travelling over undulating or hilly roads will increase as the slope of the road increases.

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15.5. Load Restraint – Road cambers

The force on the load when travelling over cambered roads increases as the camber of the road increases.

Many city roads have cambers in the left lane which prevent heavy vehicles from using them as the side of the vehicle could hit awnings and street signs.

15.6 Load Restraint– High Wind Conditions

When a vehicle is travelling at high speed or in windy conditions, the force caused by air flow can shift a load; especially lightweight objects with large surface areas.

Some road ways have wind socks beside the road to assist vehicle stability in high wind conditions.

15.7. Load Restraint – Rough or uneven surfaces

When a vehicle is travelling over rough surfaces, an unsecured load can shift or fall off the vehicle.

All loads should have secured before moving.

15.8. Load Restraint – Tie-down Method

Tie-down restraint is the most common form of load restraint and involves the use of lashings. The load is prevented from moving by friction between the load and the vehicle. The friction force prevents the load moving forward, rearward and sideways. The lashings are tensioned to clamp the load to the vehicle and to prevent the load from moving upwards.

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15.9. Bulk Tankers

Bulk liquid loads should be carried in tankers and have the same problems of weight distribution as other loads as well as the special problems of a fluid load. Avoid swerving and slow down before any curve or corner. The tank is divided into compartments which are filled separately.

Be aware that difficulties can be caused by the partial filling of compartments. A part-filled compartment allows the liquid to move from side to side (cornering) and rear to front (braking). The shift of the cargo’s centre of gravity is a safety concern because it makes the vehicle easier to roll- over. Try to empty one compartment completely before you start to empty another one.

Always empty the centre compartments first and work outwards to keep weight evenly balanced over the front and rear axles of the vehicle.

There is still some space left when the compartment registers full – this reduces spillage and allows for expansion of the fluid. This small space also allows the fluid to move but much less than if the compartment has been partly emptied. Even minor movements are sometimes enough to make your vehicle unstable and perhaps cause a roll-over.

16. Case Study – Load Restraint

Air Liquide (the consignor) engaged Doble Express (the operator) to collect a full gas cylinder from Air Liquide and deliver it to Oakley Winery, and to then collect empty gas cylinders from Oakley Winery. Doble Express, using a Volvo rigid truck and a single axle pig trailer, first collected the five empty gas cylinders, weighing approximately 3.5 tonnes. Its driver restrained the cylinders using a single 2,500 kg synthetic ratchet strap. No anti-slip material or dunnage was placed between the base of each cylinder and the deck of the trailer.

As the driver negotiated a left hand bend in the road at approximately 90 km per hour, the cylinders moved across the bed of the trailer to the right hand side, causing the trailer to dip towards the right. The trailer ultimately flipped into the path of oncoming traffic. A portion of the trailer and at least one cylinder collided with a car, killing its driver.

16.1. Proceedings against the operator

Proceedings were commenced against Doble Express and its director, Mr Doble, under the chain of responsibility provisions in the Road Transport (General) Act 2005 (NSW). This Act has now been replaced by the Heavy Vehicle National Law. Because the load restraint breach involved an appreciable risk to public safety, Doble Express was found guilty of a severe breach of section 56, which deals with overloading. Mr Doble was also found guilty under section 178, which makes directors liable for offences committed by the company.

In determining the appropriate penalties, the Court was not satisfied that the event was an isolated one, or that there was no prospect of Doble Express re-offending. The Court found that Doble Express’ approach to securing loads adequately at distant locations had not changed appreciably since the accident: under the direction of Mr Doble, Doble Express ‘continued to operate its freight transport business in a way which presented ongoing and largely uncontrolled and un-addressed risks to public safety’.

Mr Doble’s argument that he had no involvement with the load in question, and that he left loading issues to his appropriately qualified depot manager, did not persuade the Court that the appropriate penalty should be reduced. The Court observed that ‘it is quite insufficient for a director of a company in the heavy transport industry to simply leave these matters in the hands of subordinates without ensuring adequate training, adequate supervision, adequate checking and on-going management of the safety requirements imposed by the heavy vehicles legislation’.

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The maximum fine under the RTG Act was $27,500 for a company and $5,500 for a director. The Court imposed a fine of $24,750 on Doble Express and $4,400 on Mr Doble. The full court case is available for the NSW Supreme Court.

17. Mass Management

Mass Management Accreditation encourages heavy vehicle operators to take more responsibility for loading their trucks correctly and ensuring that their trucks are not overloaded. To assist the transport industry a set of guidelines has been prepared titled “Mass Management Accreditation Guide January 2013.”

To assist people not directly involved in the transport industry, the term mass is the total weight a vehicle with a full load can legally carry. The overloading of a vehicle has been part of the transport industry for a number of years as it can increase revenue for the operator. The accreditation process is a way to minimise or reduce overloading.

It helps the transport operator or driver to manage their business more efficiently, partly because you will have clear procedures for ensuring that your trucks are not overloaded and partly because there will be reduced risk of penalties arising from mass offences. It should also lead to greater road safety.

With Mass management accreditation, as an example, the operator of a six axle vehicle has a GCM rating of 42.5 tonnes can take advantage of a higher mass limit of 45.5 tonnes providing they have the manufacturer or a recognised engineer re-rate the vehicle to 45.5 tonnes, and provide a rating certificate. The methods of complying are up to you but they must be reliable and verifiable. The benefits to operators of mass (weight) management accreditation can include:

 improvements in productivity and efficiency  correct loading of vehicles the first time, with consequent savings  increased vehicle life and lower maintenance costs  reduced rejection of vehicles by customers because of overloading  improved driver morale  better relationships with enforcement agencies  reduced impact of enforcement.

Benefits to the community include better and more consistent compliance with road safety standards. If you are an accredited operator, you must know what your trucks weigh when they are loaded to ensure that they do not exceed the relevant mass limits. You need to keep a record of the loaded weight for each trip so that you can prove the trucks were within the relevant mass limits.

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It is up to you to decide how you are going to prove your vehicles’ weight when they are loaded. You could use a weighbridge, use on-board scales, estimate the weight from the volume of the load, or a combination of methods.

There are Mass Management Standards that you need to comply with. They are;

1. Have the Mass Management System tasks been fully documented in a manual? 2. Are the tasks clearly described? (Could another person follow the steps to do the work?) 3. Have responsibilities for the tasks been allocated and documented? 4. Have all the relevant staff members been told what their responsibilities are? 5. Do all the relevant staff members know how to access the written record of what their

responsibilities are? 6. Does your manual include procedures for ensuring that the standards are met and correct

procedures followed? 7. Have you appointed a person (or people) whose job is to ensure that your Mass

Management System is followed

17.1. What the standard means

Before a loaded vehicle departs it must be weighed, or have its weight assessed by other means. If third parties such as customers are involved in the loading, the operator or driver will need to explain what your vehicle’s mass limits are for the trip.

Mass methods include;

 using a weighbridge  on-board scales  air pressure gauges  documentation from a customer for a chemical load showing that it has a known specific

gravity and volume  where pallets are of a consistent and documented weight, the load could be calculated by

multiplying the weight of one pallet by the total number of pallets in the load.

17.2. Communications with the Transport Operator

When a workplace books a vehicle with a transport operator they should have good knowledge about the following;

 type of product to be transported  destination of the product  weight of the product  dimensions or size of the product  if loaded on pallets, is the product secured on the pallet  is the product classified as a dangerous good  any special handling of the product (fragile)  is the product perishable  expected delivery time-frames  any vehicle collection restrictions

When the collection vehicle arrives, any changes in the goods weight or dimensions of the goods are to be transported to the pick-up driver. This is to ensure that the pick-up vehicle does not become overloaded.

When a full semi-trailer is to be loaded at the pick-up location, certain weights must be spread over the front or rear axles or combinations of axles. The vehicle should direct the forklift driver or loader

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as to where the heaviest weight is to to be placed and where the lighter weights are to be placed. Larger companies have a person responsible for the vehicle loading

17.3. Container weight declarations

The Heavy Vehicle National Law (HVNL) sets out the obligations for operators, drivers, consignors and consignees about the handling of freight containers and the requirements for Container Weight Declarations (CWD). This is to ensure that a truck carrying a shipping container is not over weight and breach mass management requirements. Trucks that are over loaded can increase the risk of a crash, putting the safety of drivers and other road users at risk.

Inefficient practices such as repeated weighing of containers also occurs. Where conflicting weights are recorded, confusion is created. Unreliable weight information makes it very difficult for drivers to comply with the law.

17.4. What is a CWD?

A CWD is a written declaration of the weight of a container and its contents. It may be either in hard copy or electronic form, but it must be able to be produced on request by an authorised officer. There is no specific form for a CWD. It may be paper-based (one or more pages), in electronic form or even a placard attached to the freight container.

The CWD must include;

Actual or estimate the weight of the container including its contents

Shipping container number and other details sufficient to identify the container

Business name and address in Australia of the importer

Date of declaration.

You can be held legally liable and fined for a CWD that is inaccurate, false or misleading. However, it is not an offence if the CWD overestimates the weight of the container. The CWD must accompany a container whenever all or part of the container’s journey is on a road.

17.5. What is each party’s responsibility with a CWD?

(i). Consignor

The consignor (importer, freight forwarder, shipping agent etc.) must prepare a complying CWD and provide a copy for the road transport operator or driver before the container can be transported by

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road. For imported containers, the consignor is the person who imports the container into Australia.

(ii). Operators

An operator who arranges for a freight container to be transported must make sure the driver is given a complying CWD before commencing the journey. If another carrier transports the container further, the operator must provide a CWD to that carrier before the container is received.

(iii). Drivers

A driver must not drive a vehicle loaded with a freight container unless they have a complying CWD for the container. While on the road, drivers must keep a copy of the CWD in or about the vehicle at all times.

(iv). Consignee

A consignee must not encourage or reward a breach of mass, dimension or load restraint requirements. A consignee will be regarded as participating in the breach if they knew or could reasonably have known that a complying CWD was not provided, or that information about the container’s weight and contents was false or misleading.

18. Case Study – Mass Management

A leading quarrying company has established a comprehensive system for mass management in respect of heavy vehicles being loaded with stone, gravel and other extracted materials at its quarry sites.

Each truck entering any of their sites is weighed empty and provided with a weight certificate. The type and amount of product required is identified and the truck is directed to the appropriate location. The company has identified the likely volume of various products at various masses so that loader drivers are aware, on an indicative basis, of how high to fill the tray.

The product required and the mass required are displayed in the cabin of the loader so that the loader driver knows what to load and how much of it to load. The buckets used on the loaders are fitted with load cells that display to both the loader driver and the truck driver the amount being loaded.

When loading is complete the truck again passes over a weighbridge and the driver is given a load

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ticket. If total mass or axle masses are breached the site is configured to permit the driver to return to the loading location to have the load reduced or spread out as needed. The driver then returns to the weighbridge and the process is repeated until the load complies.

Once the load ticket indicates that the load complies with mass requirement, operations staff check with the truck driver to ensure that the product and mass are correct and the truck is permitted to depart. A permanent record is maintained of the total mass and axle masses and of any corrective actions taken in respect of non-compliant loads.

This comprehensive system ensures compliance and also has commercial benefits in enabling the company to charge for the correct amount of material supplied to the customer. This system highlights the communication between chain of responsibility parties that is essential to successfully meeting their HVNL obligations.

19. Heavy Vehicle Dimensions

Government legislation has a range of legislation covering the standard width, length and height of a wide range of vehicles in Australia from a family car to specialist transportation. If a truck carrying a shipping container is over the maximum height for a nominated highway, it may hit an overhead bridge or overpass.

If an over height vehicle hits a bridge or similar infrastructure them there is a significant costs involved to the vehicle, its load and the structure. In some cases the road may be closed while repairs or “make safe” repairs are done.

19.1. Vehicle Widths

The standard width limit for vehicles is 2.5 metres in Australia. Roads are built with this width in mind. If domestic vehicle were manufactured wider, then all roads and highways would need to be rebuilt.

19.2. Vehicle Heights

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The height limit for a heavy vehicle is 4.3 metres. Most bridges and overpasses provide a distance of 4.4 metres so as to not have damage. Vehicle built to carry cattle, horses, pigs or sheep on two decks and have a height of 4.6 metres. These vehicles must travel along dedicated roadways and highways. Car transporters are built with at least two decks to maximise the number of cars that they can move. These car carriers have a maximum height of 4.6 metres and again travel along dedicated routes.

19.3. Vehicle Lengths

The government must determine the length of vehicles to ensure enough distance is available for them to turn around at intersections and roundabouts. The longest heavy vehicles in Australia are road trains and B triples. Road trains measure 53.5 metres.

The length of a heavy vehicle such as a B double and a car carrier is 25 metres. A standard semi- trailer of 10 metres that includes the prime mover and the trailer and a city bus is 14.5 metres.

20. Case Study – Dimension compliance

A specialist oversize haulage operating nationally specializes in oversize loads and so the compliance process begins with the Operations Manager talking to the client well in advance of a proposed move so that the mass and dimension can be ascertained and the proposed route can be planned.

The company has measuring equipment that ensures that it is able to accurately measure the height, width and length of the vehicle and its load – and is able to make sure that the permit it obtains covers the actual dimensions the operator is seeking to move.

The Loading Manager and the Operations Manager jointly undertake a checking process to ensure that the load has been accurately measured, that the proposed route is suitable for travel, that the permit covers the actual dimensions, including internal vehicle dimensions relating to the distribution of the load on the pavement and that appropriate warning signs and escorts are used for the move.

As with other good operators, the Operations Manager maintains a permanent record of the steps undertaken to ensure compliance. Importantly, the Operations Manager has a detailed understanding of the permit system, load restraint techniques and load distribution requirements to ensure that each vehicle is properly authorised to travel. The operator has developed arrangements for assessing each new load to ensure dimension compliance.

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21. Workplace Documentation

As part of monitoring for the chain of responsibility, there is a number of processes that should be followed. The processes will be contained in the workplaces policy, procedures or work instructions.

A compliance manager or supervisor would be responsible for conducting the audit on a published roster or schedule in medium sized and large companies. Audits would also occur when there is an accident or where a person has identified a non-compliance. In small businesses, the owner of the entity or a supervisor and manager would perform the task of auditing and process checking.

21.1 Fatigue

Every heavy vehicle driver should have a work schedule and a roster for the week or more. The roster should ensure that the driver has the required hours of restorative sleep in every 24-hour period. The driver knows when he or she is not rostered for work. If the driver works under fatigue management for basic or advanced levels, they are only allowed to drive a set number of hours in a 24 hourperiod..

The truck scheduler must work out the trips a driver will take, when to have a rest break. The scheduler must ensure that the heavy truck driver is fit for work and does not have medical conditions or under the influence of drugs or alcohol.

Heavy vehicle drivers are required to complete a daily work diary that records start time, rest breaks, locations where the breaks happened and the kilometers travelled. These documents must be checked by the scheduler or manager to ensure that the driver is working to the planned schedule. If there is variation from actual to planned work, then an investigation must happen. The driver may be counselled, retrained, given a warning or dismissed.

21.2. Speed

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To manage vehicle speed many heavy vehicles are now fitted with GPS navigation systems. These systems send reports back to the workplace for record keeping or monitoring. The scheduler has estimated that a loaded vehicle will take 4 hours to travel from the depot to the customer. If the vehicle arrives in three hours, then the speed was not observed or the scheduler did not do a good job in estimation. Most heavy vehicles are governed to travel at 100klm.

Each vehicle should have a “speed limiter’ fitted which assist in controlling the maximum speed limits. If the driver or workshop disconnects or adjusts the speed limiter, then this is an offence and either a fine or penalty can be imposed.

The workplace auditor should check to see if the vehicle schedules are accurate and if not take correctly action. Roadworks and accidents can change a planned vehicle schedule and if that occurs, then notations should be made. There is a case study of overloading in your notes.

21.3. Overloading

The larger companies have vehicles fitted with load cells. These can weigh a load on a vehicle and can advise if the load is heavy at the front and should be reposition to the rea or similar situation. Other strategies can be to have a weigh bridge installed and all vehicles leaving the depot are weighed and load adjustments are required. It is better to be under weight than overweight.

When the freight booking section receives a call from a customer, they should be told a range of information.

This will be the destination, dimensions and weight. This then allows the correct vehicle to be despatched for the collection. Many large carriers now have software systems so this information is done electronically instead of verbally.

There is a case study of overloading in your notes.

21.4. Load Restraint

Under legislation all loads or part loads must be restrained to the national standard. A check should be made of loading coming into the workplace to confirm that they are correctly restrained. Loads departing the workplace should be correctly restrained. All companies should have a policy covering load restraint and training should be provided to everyone directly or indirectly involved in the process.

Companies must have systems in place to checks the load restraint used by vehicles to include checking for wear and tear and that they work effectively. Unreliable equipment should be repaired or replaced. Training in load restraint should be offered annually in all workplaces.

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21.5. Dimensions

Companies that specialised in over length or width must have vehicles designed for the job and drivers who are trained in moving such product. Heavy haulage transport that move earthmoving equipment such as bulldozers or dump trucks must have permit approvals to travel along nominated routed and may be one or more escorts.

If a company sells steel pipe, the vehicle must be long enough to transport the pipe without it hanging over the back of the tray or trailer. One of the most common accidents is with vehicles carrying shipping containers hitting bridges and overpasses.

Companies that fit into these categories must providing training in over width, over height or over mass movements. Those directly and indirectly involved in the movement must also know the legislation, regulations, permit requirements and liaise with police if they are involved in the escort process. Ideally a risk assessment should be done before each heavy movement to ensure compliance. When a breach of dimension has been identified, it mostly involved traffic inspectors and persons from the relevant government authority.

22. Most Direct Route

Other important knowledge you will be required to have, is the ability to select the best possible route for your deliveries. Some of this knowledge will include but will not be restricted to:

 the location of your pick up and drop off destinations  identification of the shortest, most direct or most appropriate routes for your journey and

awareness of any obstacles that may affect your journey, such as: o one-way streets o streets that are restricted at certain times of the day o restricted river or bridge crossings o railways crossings o local traffic streets o by-pass routes o load or height restrictions

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 ability to plan without the assistance of street directories and road maps  anything that may slow you down or alter your intended route, for example, you must be

able to anticipate the following: o traffic flows o peak hours o setting or rising sun glare o floodwaters o subsidence (loose road works or land fill) o bushfires o road accidents

 consideration to loads that you are carrying, and your legal responsibilities. Consider things such as:

o over dimension routes o noise restrictions o perishables o livestock o poultry o fragility of load

 the need to have regular meal and rest breaks in order to avoid fatigue. It is a dangerous practice and can lead to serious health problems, if not a fatal accident

 local government restrictions with vehicle parking  calculations of fuel requirements according to the distance you need to travel and the load

that you are carrying.

23. What might be involved in a COR investigation?

Chain of responsibility investigations will be a strategic tool used only when appropriate. They will supplement the transport authority current enforcement practices, not replace them. For example, the transport authority may target a particular industry sector if evidence suggests that their compliance to mass and dimension or load restraint requirements is poor.

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A specialist audit and investigations unit will lead COR investigations. Detailed procedures on how the process will be carried out and investigation has been developed, however a COR investigation may involve any of the following elements:

 Inspecting and searching appropriate business premises or vehicles.  Requesting compliance related information, documentation records, and names and contact

details of other responsible people in the logistics chain.  Requiring reasonable assistance of relevant parties including for example the interpretation

of data and other information.  Seizing of relevant electronic equipment.

It is not the intention of the Compliance and Enforcement legislation to make each offence an automatic COR investigation. These investigations will be pursued when it is considered appropriate.

Penalties can be imposed on the employee for a breach of legislation by relevant authorities or law Courts.

Penalties and Infringements

Heavy Vehicle National Law – 2015 Court Imposed and Infringement Penalties (PDF, 988 KB) provides a summary of the penalties and infringements outlined in the Heavy Vehicle National Law (HVNL).

Due to amendments to the HVNL, from 6 July 2016 the following penalties and infringements apply: Heavy Vehicle National Law – 2016 Court Imposed and Infringement Penalties (PDF, 997 KB)

Types of Penalties Established Under the HVNL

The HVNL contains three different types of penalties:

 infringeable offences  court imposed penalties  demerit points.

Infringeable Offences

An infringeable offence is one which results in the issue of an infringement notice. The infringement notice sets out the details of an alleged offence, usually a strict liability offence. It gives the person issued the notice the option of either paying the penalty set out in the notice or electing to have the matter dealt with by a court.

The payment level for infringeable offences in the HVNL is set at 10% of the maximum court imposable penalty. This is consistent with the Australian Law Reform Commission recommendation that infringements should be set at 20% or less of the maximum court imposable fine.

Court Imposed Penalties

Some offences, generally the more serious ones, are not infringeable and must be dealt with by a court. The HVNL sets out the maximum penalty level that the court may apply.

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Demerit Points

Demerit points attach to a driver’s licence. As a general rule, demerit points are managed through each state and territories’ road traffic law. There are a total of 330 offences in the HVNL – 144 are infringeable and 186 are not. Eight of the 330 offences impose demerit points.

Indexation of Penalties

A major component of maximum penalties is the deterrence factor they offer in the compliance and enforcement framework. In order to remain relevant, it is necessary that penalties rise in line with other costs of business, and to this end the HVNL contains an in-built indexing mechanism. This mechanism uses Australian Bureau of Statistics figures to provide an indexed amount each year, building on the original maximum penalties. Indexation occurs on 1 July of any given year.

Further Information

Further information is available on various government websites in Australia covering chain of responsibility legislation. See details below.

Federal Government

National Road Transport Reform (Compliance and Enforcement) Act 2003

Incorporated into the Road Transport Reform (Heavy Vehicle Registration) Act

1997 Incorporated into the Road Transport Reform (Vehicles and Traffic) Act 1998

Victoria

Road Transport Reform (Compliance and Enforcement) Act 2005 I Incorporated into the Road Safety Act 1986

New South Wales

Road Transport Reform (Compliance and Enforcement) Act 2005 Incorporated into the Road Transport (General) Act 2005

Queensland

Transport Legislation Amendment Act (no. 43) 2007

Tasmania

Heavy Vehicle Road Transport Act No. 19 2009

South Australia

Statutes Amendment (Road Transport Compliance and Enforcement) Act 2006

Incorporated into the Road Traffic Act 1961

TLIF0002 LEARNER GUIDE 36 | P a g e Version 2.0 National Training Pty Ltd TOID 21792

Western Australia

Road Traffic (Vehicles) Bill 2007 (still before Parliament)

Northern Territory

Not legislated, relying on Industry and non-mandatory Code of Practice

Australian Capital Territory

Not legislated, relying on Industry and non-mandatory Code of Practice

Congratulations! You have now finished the unit ‘Administer Chain of Responsibility Policies and Procedures’