Overview

The future HVNL should place responsibilities for managing risks with those most able to do so and cater to an evolving supply chain. The law should encourage all influential parties to take a proactive approach to managing safety, including drivers.

Summary of problems and options

CoR parties

Problem:

The current list of parties in the Chain of Responsibility (CoR) may not adequately reflect the current state of the heavy vehicle supply chain, meaning that some parties who impact heavy vehicle safety aren't held to account under the law.

Options:

4.1 Expand the application of the primary duty to parties who influence the safety of transport activities. Read in the RIS and HVNL 2.0.

4.1b Add specified parties to the defined list of CoR parties. Read in the RIS and HVNL 2.0.

Driver duties

Problem:

Some stakeholders express the view that drivers have poorly defined responsibilities under the HVNL, even though they have the most direct impact on heavy vehicle road safety.

Options:

4.2 Establish a separate driver safety duty (replicating worker duty under WHS law). Read in the RIS and HVNL 2.0.

4.3 Apply the primary duty (26C) to drivers. Read in the RIS.

Primary duty requirements

Problem

Stakeholders have expressed the view that the content of the primary duty - what it requires parties to do - can be vague and ambiguous, particularly in relation to driver competency and fitness for work.

Option

4.4 Amend the primary duty to clarify requirements for driver competency and driver fitness for work. Read in the RIS and HVNL 2.0.