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Container Freight

“Last Mile CoR”

Primary Duty: A new direction in legislation

What is coming – Primary Duties

Source: NHVR CoR Info Session Brisbane Presentation March 2017

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

2) Without limiting subsection (1), each party must, so far as is reasonably practicable—a) eliminate public risks and, to the extent that is not reasonably practicable to eliminate

public risks, minimise the public risks; andb) ensure the party’s conduct does not directly or indirectly cause or encourage—

i. the driver of the heavy vehicle to contravene this Law; or ii. the driver of the heavy vehicle to exceed a speed limit applying to the driver; or iii. another person, including another party in the chain of responsibility, to contravene

this Law. 3) For subsection (2)(b), the party’s conduct includes, for example—

a) the party asking, directing or requiring another person to do, or not do, something; and b) the party entering into a contract—

i. with another person for the other person to do, or not do, something; or ii. that purports to annul, exclude, restrict or otherwise change the effect of this Law.

26C Primary Duty - HVNL


• Category 3 – breaches safety duty• $50,000 Individual; $500,000 Corporation

• Category 2 – risk of death/injury• $150,000 Individual; $1.5m Corporation

• Category 1 – recklessness• 5 years imprisonment • $300,000 Individual; $3m Corporation

CoR New Primary Duty Penalties


SMS Framework


• Management commitment

• Safety accountabilities

• Appointment of key safety personnel

• Documentation

Pillar 1 – Safety Policy


ALC Master Code: Roles and ResponsibilitiesCoR role CoR role definition Section of the Code

EMPLOYER, PRIME CONTRACTOR, OPERATOR

Employer – in general terms, the employer responsible for controlling or directing the use of a heavy vehicle. Prime Contractor – in general terms, a person responsible for engaging a driver of a heavy vehicle by contract. Operator – in general terms, a person responsible for controlling or

directing the use of a heavy vehicle.

5.3.16.3.17.3.18.3.1

Appendix D.1

SCHEDULER In general terms, a person who plans the transport of goods or schedules the work and rest times of a driver.

5.3.26.3.27.3.28.3.2

Appendix D.2

CONSIGNOR AND CONSIGNEE

Consignor – in general terms the named sender of goods by road transport. Consignee – in general terms the named receiver of goods after their

completion of road transport.

5.3.36.3.37.3.38.3.3

Appendix D.3

PACKER In general terms, a person engaged in the process of packaging goods for a heavy vehicle load.

5.3.46.3.47.3.48.3.4

Appendix D.4

LOADING MANAGER, LOADER AND UNLOADER

Loading Manager – in general terms, a person who supervises loading or unloading or manages the premises where this occurs. Loader and Unloader – in general terms, a person engaged in the

process of loading or unloading a heavy vehicle.

5.3.56.3.57.3.58.3.5

Appendix D.5

EXECUTIVE (of a legal entity)

In general terms, a director or a person concerned with the management of a corporation responsible for controlling or directing the use of a heavy vehicle.

5.3.66.3.67.3.68.3.6

Appendix D.6

Risk management allows you to: • identify risks • understand risks • make informed decisions

Pillar 2 – Safety Risk Management


• Monitoring how the system operates

• Measuring safety performance

• Managing change

In order to:• Continually improve the system

Pillar 3 – Safety Assurance


An SMS must include:

• Education and processes for training personnel in safety-critical areas

• Effective two-way communication between managers and employees

Pillar 4 – Safety Promotion


Client

Client

Client

ClientThird Party Logistics

Warehouse – Container straight thru

Warehouse – Container unpacked

Warehouse Regional/RuralQuarantine

Wharf

Container Freight: “Last Mile CoR”

Sample Risk Register

The Risks: (what can happen?)

• The business practices of a supply chain party causes or encourages the driver of aheavy vehicle to exceed the speed limit

• The driver of the heavy vehicle exceeds the speed limit

• The driver is fined and/or the speeding heavy vehicle loses control

• The driver and/or other road users are seriously injured or killed

• There is damage to the road infrastructure and the environment

• The supply chain party is fined or prosecuted

5.0 Speed Management: Risk Assessment and Control Framework (Sect 5.0)

Sample Risk Assessment - Speed


• The business practices of a supply chain party causes or encourages the driver of aheavy vehicle to drive whilst fatigued and/or breach their work and rest hours

• The driver of the heavy vehicle drives whilst fatigued and/or breaches their work andrest hours

• The driver is fined and/or the driver has a micro sleep and loses control of the heavyvehicle




6.0 Fatigue Management: Risk Assessment and Control Framework (Sect 6.0)

Sample Risk Assessment - Fatigue


• The business practices of a supply chain party causes or encourages the driver of a heavyvehicle to breach mass, dimension and/or loading requirements – for example, the heavyvehicle is overloaded or over dimension, and/or the load is unevenly distributed, notadequately secured or restrained

• The driver of the heavy vehicle breaches mass, dimension and/or loading requirements

• The driver is fined and/or the driver loses control of the heavy vehicle or the load shifts,protrudes or falls from the heavy vehicle




7.0 Mass, Dimension and Loading: Risk Assessment and Control Framework (Sect 7.0)

Sample Risk Assessment – Mass, Dimension

and Loading


• The business practices of a supply chain party causes or encourages a driver of a heavyvehicle to drive an unsafe or defective vehicle

• The driver of the heavy vehicle drives an unsafe or defective vehicle

• The driver is fined and/or the speeding heavy vehicle loses control of the heavy vehicle– for example, due to faulty brakes




8.0 Vehicle Standards: Risk Assessment and Control Framework (Sect 8.0)

Sample Risk Assessment – Vehicle Standards

Vehicle Standards

• Vehicle Manufacture Maintenance Standards

• National Heavy Vehicle Inspection Manualhttps://www.nhvr.gov.au/files/201705-0542-nat-heavy-vehicle-inspection-manual.pdf• Pre-departure check• Fault Identification and Reporting• Scheduled Maintenance• Annual Roadworthiness

https://www.nhvr.gov.au/files/201705-0542-nat-heavy-vehicle-inspection-manual.pdf

Questions

Any questions?

Location5 / 46-50 Old Princes Hwy

Beaconsfield VIC 3807

Phone

+61 3 9707 4841

Email / Website

[email protected]

www.complianceexperts.com

Contact

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