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Chain of Responsibility (CoR) Overview

The introduction of ‘Chain of Responsibility’ provisions into road transport law will be a milestone moment for road safety in Western Australia. Following proclamation of supporting regulations, ‘Chain of Responsibility’ legislation was introduced into WA law on 27 April 2015.

A comprehensive communications campaign continues to be undertaken to ensure all stakeholders and industry members are informed of the changes to existing legislation and the potential impacts on their businesses leading up to implementation.

The national model Road Transport Reform (Compliance and Enforcement) Bill introduces the concept of ‘Chain of Responsibility’, to recognise the responsibilities that others have in the transportation of goods by road, beyond that of just the driver and operator. The general objectives of the national model bill are to:

• Improve road safety
• Reduce infrastructure damage
• Improve deterrence and enforcement;
• Promote a level playing field for industry; and
• Improve business efficiency and compliance.

There is no real change for drivers but now there are more people responsible along the ‘chain’. If you are involved in any of the following ‘road transport activities’, you are a party in the ‘chain of responsibility’ and may be deemed liable in the event of a breach of the road laws:

•   Consigning – a person or company commissioning the carrying of goods
•    Packing – placing goods in packages, containers or pallets
•    Loading – placing or restraining the load of the vehicle
•    Driving – the physical act of driving a vehicle
•    Operating/Managing – operating a business which controls the use of a vehicle
•    Receiving – paying for the goods/taking possession of the load
** Scheduler – whilst not a defined role in WA legislation, there are provisions to include duties performed by a scheduler.

The law also extends to company directors, employers, unincorporated associations and partners in a managed partnership.

Put simply, it means that anyone who has control in the transport chain can be held legally accountable if by action, inaction or demand, they cause or contribute to road safety breaches. All persons within the Chain of Responsibility need to demonstrate (within their own roles):

•     They had taken all reasonable steps to prevent a breach;
•     There were no reasonable steps they could have taken to prevent the breach; and
•     There was no way they could reasonably be expected to know about the breach.

Responsible parties within the transport and logistics chain, must be satisfied their programs and compliance systems for road transport are in place and adequately meet their obligations under the law. The Chain of Responsibility legislation is contained in the Road Traffic (Administration) Act 2008 and the Road Traffic (Vehicles) Act 2012 and is accessible on the State Law Publisher’s website:

• State Law Publisher – Road Traffic (Administration) Act 2008
• State Law Publisher – Road Traffic (Vehicles) Act 2012

Associated regulations were published in December 2014 and were proclaimed on 27 April 2015:

Road Traffic (Vehicles) Regulations 2014

Road Traffic (Administration) Regulations 2014

Road Traffic (Authorisation to Drive) Regulations 2014

Road Traffic (Repeals and Amendments) Regulations 2014

A Chain of Responsibility Overview of the Changes and a list ofFAQs are available for download.

Listed below are a number of Fact Sheets that provide specific information on the roles and responsibilities of specific parties within the road transport chain: 

• CoR Fact Sheet No 1 – Overview
• CoR Fact Sheet No 2 – Consigner – Receiver
• CoR Fact Sheet No 3 – Loader – Packer
• CoR Fact Sheet No 4 – Driver
• CoR Fact Sheet No 5 – Operator – Manager
• CoR Fact Sheet No 6 – Breach Categories
• CoR Fact Sheet No 7 – Container Weight Declarations
• CoR Fact Sheet No 8 – WA Comparison with HVNL
• CoR Fact Sheet No 9 – Cars, Utes, Vans (Light Vehicles)

Fremantle Ports has launched a Chain of Responsibility smartphone app, providing transport companies handling containers at Fremantle Ports with guidance on Container Weight Declarations (CWDs), directions to the weighbridge and Control Areas within the port precinct.

The Fremantle Ports CoR app is available free from iTunes, Google Play and the Windows Phone store.

Also available as a free download is Fremantle Port’s Guide to Container Weight Declarations, explaining what a Container Weight Declaration (CWD) is and providing a guide to risk mitigation:  A Guide to Container Weight Declarations .

Information courtesy of the Mains Roads Dept of WA website.

Exceptional autumn heat in northern and central Australia. (issued 24/3/15)

The Bureau of Meteorology has issued a Special Climate Statement

• Maximum temperatures averaged 5 to 7 °C above average over most of the Gulf Country from 6 to 19 March
• Temperature records approached or set on 19 March, including:
  • Northern Territory and Queensland—hottest area-averaged March day on record
  • Birdsville—highest temperature ever recorded in Australia for second half of March; 46.5 °C
  • Jervois—highest maximum temperature for March for the Northern Territory; 44.0 °C
  • Moomba—hottest ever for South Australia this far into autumn; 45.4 °C

Maximum temperature anomalies

(difference from 1961–1990 average)
for period 6–19 March 2015 (°C)

Information courtesy of the Bureau of Meteorology (BoM).

The Bureau of Meteorology is closely monitoring Severe Tropical Cyclone Olwyn, which is continuing to move along the coast in the Coral Bay area as a Category 3 system.

The latest forecast suggests Olwyn will begin to slowly weaken today (Friday), as it moves down the coast.

Very destructive winds with gusts exceeding 165km/h are likely near Cape Cuvier and surrounding areas and may extend to Carnarvon, as the cyclone moves southwards along coast.

Gales with gusts to 120km/h are currently being experienced along the northern and central Gascoyne coast. Wind gusts to 180km/h were observed at Learmonth earlier this morning.

There is significant risk of a storm surge along the coast from Ningaloo to Denham.

Heavy rainfall is forecast over the western Pilbara and northern Gascoyne today and Saturday, which may lead to flooding.

Rainfall totals associated with Tropical Cyclone Olwyn are expected to be high, with 24 hour totals from 9am today to 9am Saturday expected to be 100mm, with some isolated falls to 200mm. This could lead to flooding for the Ashburton, Lyndon-Minilya, Onslow Coastal and Gascoyne Rivers.

Heaviest rainfall since 9am Thursday has been 144mm at Thevenard Island. RAAF Learmonth recorded 142mm.

As Tropical Cyclone Olwyn weakens and move southwards through the South West Land Division on Saturday, there is the possibility of heavy rainfall with falls of 50mm or more, damaging squally winds and abnormally high tides along the west coast. This will include the Perth metro area.

The public are urged to closely monitor the Bureau’s website for the latest information, tune in to media and local radio and listen to the advice of emergency services.

For further information www.bom.gov.au/cyclone

WEST PERTH, AUSTRALIA — The CBH Group said on Feb. 24 that it has entered into a supply contract with Perth, Australia, clean energy company EMC to engineer, procure and construct three large solar power generators at their grain handling and workshop facilities at Bibra Lake, Geraldton and Forrestfield.

The total investment exceeds A$1 million and is likely the largest single non-grant or subsidy supported investment in distributed solar generation business sites in Western Australia.

“We are delighted to have been awarded this high profile project and admire CBH’s courageous leadership in opting to deploy de-centralized solar generation as a means of managing spiraling grid energy costs,” said EMC Chief Executive Officer John Davidson. “We are seeing more and more WA Businesses looking at implementing this energy solution that delivers real economic bank-ability.”

The three installations will use EMC’s purpose-built, proprietary carport structures, roof mount and rapid deployment ground-mount framing, and generate around 300,000kWh of energy every year for the next 25 years.

“We began studying solar about three years ago, and during that time, EMC have been helping us with engineering and financial modelling. In 2013, we ran a trial with solar providers and EMC’s engineering and construction capabilities were easily recognized,” said CBH Category Manager Ross Engel. “In awarding this contract we are investing in a real economic model that may be the pathway to further expansion of our energy independence.”

Information – courtesy of World Grain.