CoR became a ‘thing’ for all Fleet Managers in 2018 when changes to the Heavy Vehicle National Law made all businesses and individuals that own or use trucks part of the Chain of Responsibility. It’s a big burden to accept when you don’t operate in the transport industry.
Chain of Responsibility (CoR) is a concept in road transport legislation that defines who is responsible for ensuring safety across all parts of the heavy vehicle journey. The HVNL identifies 10 functions within the supply chain and attaches a duty to each party that performs one of those functions. That duty is called the primary duty.
HVNL section 5 defines a CoR party as a person (including an individual or a company) performing any of the following 10 functions:
- employing a heavy vehicle driver (employer)
- engaging someone to drive a heavy vehicle under a contract for services (prime contractor)
- directing the control and use of a heavy vehicle (operator)
- scheduling the transport of goods or passengers in a heavy vehicle, or scheduling a driver’s work and rest hours (scheduler)
- consigning (coordinating and sending) goods for transport by a heavy vehicle (consignor)
- receiving goods delivered by a heavy vehicle (consignee)
- packing or assembling goods for transport in a heavy vehicle (packer)
- managing premises where five or more heavy vehicles are loaded or unloaded each day (loading manager)
- loading a heavy vehicle (loader)
- unloading a heavy vehicle (unloader)
A heavy vehicle driver is not a CoR party unless they are an owner/operator or perform another function that makes them a party. However, a driver is subject to other requirements under the HVNL and other road laws.
It’s important for Fleet Managers operating a fleet with any vehicles greater than 4.5t to engage with their executive to understand the 10 functions above and match them to roles and processes with the business.
For example, the first function involves the employment of staff which does not involve the Fleet Manager. The employment of a heavy vehicle driver would involve Humans Resources and the Line Manager. If these people are unaware of CoR, and do not understand the primary duty, then there is a risk of a breach of the Heavy Vehicle National Law.
For ore information visit the website of the National Heavy Vehicle Regulator (NHVR)
