Posted by Hubfleet
In the Australian heavy vehicle road transport industry, Chain of Responsibility (CoR) laws ensure that all parties involved in the supply chain share responsibility for road safety. Central to these laws is the concept of the CoR primary duty, which requires parties to take reasonable steps to ensure the safety of transport activities. This article aims to clarify the CoR primary duty for fleet managers and executives by exploring the definitions of safety, transport activities, and the principle of “reasonably practicable.”
Defining Safety: Public Risk, Safety Risk, and Public Safety
Safety in the context of CoR laws involves minimising risks associated with heavy vehicle transport to protect the public. The key terms include:
- Public Risk: The potential for harm to the public arising from heavy vehicle operations. This includes risks to other road users, pedestrians, and property.
- Safety Risk: The potential for incidents or accidents that could cause injury or damage. This encompasses factors like vehicle maintenance, driver fatigue, and load security.
- Public Safety: The overarching goal of ensuring that heavy vehicle transport does not endanger the public. Achieving public safety means addressing both public and safety risks comprehensively.
Understanding Transport Activities
Transport activities encompass all actions involved in the movement of goods by heavy vehicles. Examples include:
- Loading and Unloading: Ensuring loads are secure and balanced to prevent accidents.
- Scheduling: Planning routes and delivery times to avoid driver fatigue and ensure compliance with road laws.
- Driving: Operating heavy vehicles in a manner that adheres to traffic regulations and safety standards.
- Maintenance: Regularly inspecting and servicing vehicles to ensure they are roadworthy.
Each of these activities carries potential risks that must be managed to ensure safety.
What Does “Reasonably Practicable” Mean?
The concept of “reasonably practicable” is central to meeting the CoR primary duty. It requires parties to take measures that are feasible and appropriate given the circumstances. This involves balancing the likelihood of a risk occurring and the potential severity of harm against the effort, time, and cost required to mitigate the risk.
Illustration of the Principle:
Imagine a fleet manager needs to address the risk of driver fatigue. What is reasonably practicable might involve:
- Risk Assessment: Identifying the risk of fatigue based on driver schedules, routes, and workloads.
- Implementing Controls: Introducing measures like mandatory rest breaks, fatigue management training, and route planning to minimise fatigue.
- Cost and Effort: Weighing the costs of these measures against the potential harm from accidents caused by fatigue. If the measures are proportionate to the risk, they should be implemented.
By applying this principle, fleet managers can ensure they take appropriate steps to mitigate risks while meeting their CoR primary duty without imposing undue burden on the business.
Practical Steps for Fleet Managers
Fleet managers play a vital role in upholding the CoR primary duty. Here are practical steps to achieve compliance:
- Conduct Risk Assessments: Regularly assess all transport activities to identify potential risks to public safety.
- Implement Safety Measures: Take reasonable steps to address identified risks, such as updating maintenance schedules, improving load security protocols, and providing driver training.
- Monitor and Review: Continuously monitor the effectiveness of safety measures and review them periodically to ensure ongoing compliance.
- Foster a Safety Culture: Promote a culture where safety is prioritized, and all employees understand their role in maintaining safety standards.
Conclusion
The CoR primary duty is a shared responsibility that requires all parties in the transport supply chain to ensure the safety of their operations. By understanding the definitions of public risk, safety risk, and public safety, identifying key transport activities, and applying the principle of “reasonably practicable,” fleet managers and executives can effectively fulfill their obligations.
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