What is Chain of Responsibility?

Legal Framework

The Heavy Vehicle National Law Act 2012 (Qld) serves as the host legislation for the national scheme, adopted by New South Wales, Victoria, South Australia, Queensland, Tasmania, and the Australian Capital Territory. In these jurisdictions, the National Heavy Vehicle Regulator (NHVR) acts as the centralised regulatory authority.

The 2018 amendments marked a critical evolution in the law. Prior to these reforms, liability was often "deemed," meaning parties were automatically liable for a driver's offence unless they could prove they took "all reasonable steps" to prevent it. The reforms replaced deemed liability with a positive Primary Duty, shifting the focus to proactive risk management. Under the current regime, a party can be prosecuted simply for failing to implement safe systems, even if no accident occurs.

Western Australia and Northern Territory

Western Australia and the Northern Territory have not adopted the HVNL, creating a divergent regulatory landscape:

• Western Australia regulates heavy vehicles under the Road Traffic (Administration) Act 2008 (WA). Notably, WA's CoR provisions extend to all vehicles involved in commercial transport, including light vehicles under 4.5 tonnes GVM. Compliance is managed by Main Roads Western Australia.
• Northern Territory relies on general duty of care principles and recognises HVNL fatigue management accreditations for interstate drivers, but operators crossing into HVNL jurisdictions must fully comply with HVNL requirements.

Primary Duty of Care

The cornerstone of the modern CoR framework is the Primary Duty of Care under Section 26C of the HVNL. This duty is non-delegable—a party cannot transfer their responsibility to another party through a contract.

Each party in the chain of responsibility for a heavy vehicle must ensure, so far as is reasonably practicable, the safety of the transport activities relating to the vehicle.

The "Reasonably Practicable" Test

Compliance is measured against an objective legal test that balances the significance of the risk against the effort required to mitigate it. Duty holders must weigh:

• Likelihood — The probability of the hazard occurring
• Consequence — The degree of harm that might result
• Knowledge — What the person knows, or ought reasonably to know, about the risk
• Availability — The availability of ways to eliminate or minimise the risk
• Cost — Whether the cost is grossly disproportionate to the risk

Prohibited Requests and Contracts

Section 26E of the HVNL makes it an offence to make a request, or enter into a contract, that would cause a driver or another party to breach the law. This targets behaviours such as:

• Offering financial bonuses for early arrival achievable only by speeding
• Imposing penalties for late delivery when the schedule doesn't allow for mandatory rest breaks
• "Just-in-time" delivery contracts that fail to account for realistic transit times

Parties in the Chain

The HVNL identifies specific roles within the logistics supply chain that trigger CoR obligations. Liability attaches to the function a person or entity performs, not their job title.

Loading Managers—persons managing premises where an average of five or more heavy vehicles are loaded daily—have specific obligations to prevent delays that contribute to driver fatigue.

Key Risk Areas

The NHVR categorises CoR risks into four main areas:

• Fatigue — Work and rest hours, Electronic Work Diaries (EWDs), fatigue management accreditation (Standard Hours, BFM, AFM)
• Speed — Speed limiter compliance (100km/h for vehicles over 12t GVM), realistic scheduling, telematics monitoring
• Mass, Dimension and Loading — Axle weights, height clearances, load restraint per the National Load Restraint Guide
• Vehicle Standards — Roadworthiness, maintenance schedules, daily pre-start checks

Executive Due Diligence

Executive Officers (directors, partners, and senior managers who participate in decision-making) have a personal legal obligation under Section 26D of the HVNL to exercise due diligence. This duty cannot be delegated to a safety manager. Executives must take reasonable steps to:

• Acquire and maintain up-to-date knowledge of CoR laws
• Understand the nature of the business's transport activities and risks
• Ensure appropriate resources are available to eliminate or minimise risks
• Ensure processes exist to receive information about incidents and hazards
• Actively verify that resources and processes are being used and are effective

Penalties

Offences are categorised by the level of risk created, rather than the outcome. A party can be prosecuted for a Category 1 offence even if no accident occurs.

Penalty amounts are estimates based on 2024/25 indexation and subject to annual CPI increases. Refer to NHVR penalty schedules for current figures.

Compliance Strategies

The NHVR's Master Code of Practice is a Registered Industry Code that provides specific guidance. Compliance with the Master Code serves as evidence of meeting the Primary Duty.

An effective Safety Management System should include:

• Policy — A clear safety policy endorsed by the executive
• Risk Register — Documented hazards and applied controls
• Contractor Management — Pre-qualification of subcontractors
• Incident Reporting — A culture encouraging reporting of near-misses
• Training — Regular CoR training for all staff, not just drivers
• Technology — Telematics, EWDs, and on-board mass systems