Presented by: Kasia Jaruzelska

You may think you're unlikely to be liable for breaches of transport law. But the Chain of Responsibility concept could indicate otherwise. What is your level of responsibility? How can you best protect your workplace? Find out in this week's episode of You Legal TV.

See below for the complete transcript of this episode -

Hello and welcome to You Legal TV.

Chain of responsibility is a policy concept used in Australia in transport legislation. It was initially developed to apply in the heavy vehicle industry, in regulated areas such as speeding and mass, loading and dimension but has since spread to the rail, bus, marine and taxi industries.

When we think of road laws or, more specifically, breaches of road laws, we immediately think of drivers and operators but in the complex and multifaceted commercial transport industry, the path is frequently not so simple. This is because breaches are often caused by the action of others, not just those out on the road. What the chain of responsibility concept engenders is a shared responsibility for compliant with transport legislation, and all parties in the road transport supply chain are responsible for preventing any breaches.

Consequently, anybody, not just the driver who has control over a transport task, can be held responsible for breaches of road laws and may be legally liable. In some ways, the chain of responsibility is similar to the legal concept of duty of care. If there is a breach, the only defence is establishing that you took all reasonable precautions. That is why preparing and implementing a chain of responsibility policy is important. Unfortunately, it's also not as simple as the heavy vehicle national law, or HVNL does not specify what should be included. So while the finer details will depend on the specifics of your organization, below are some elements we think are key.

Firstly, communicate clearly how essential the policy is. The HNVL requires an organization to take all reasonable care, so the policy must be proactive. You need to be clear on how the policy will be implemented on a day-to-day basis and at a practical level. It cannot be a mere aspirational statement.

Specifics. Explain what the steps are, how they will be implemented, monitored and in the event of a breach, remedied. A well-drafted and carefully implemented chain of responsibility policy is key to mitigating risk in your company.

Please contact You Legal if you'd like us to step you through preparing one for your business.

What Should I Do Next?

Contact us if you would like further legal advice on the Chain of Responsibility. Our lawyers at You Legal will be happy to assist you in whatever way we can.

* This blog is for general guidance only. Legal advice should be sought before taking action in relation to any specific issues.