Councils Urged to Put Public Safety at the Heart of Chain of Responsibility

Local government Fleet Managers, Operations Managers and executives have been urged to view every decision affecting heavy vehicle operations through one lens — public risk.

Speaking to an audience for procurement professionals, Karen Bow, Principal Chain of Responsibility (CoR) Adviser at the National Heavy Vehicle Regulator (NHVR), emphasised that under the Heavy Vehicle National Law (HVNL), the primary duty is clear:

“Each party in the chain of responsibility must ensure, so far as is reasonably practicable, the safety of their transport activities.”

Who’s in the Chain — and When

Bow reminded attendees that the CoR isn’t just about drivers — in fact, drivers aren’t legally considered a party in the chain. The chain covers ten defined functions spanning the driver, vehicle, and goods, including operators, consignors, consignees, loaders, schedulers and prime contractors.

“If anyone in your council performs one of those functions, you’re in the chain,” Bow said. “Your responsibilities begin the moment you influence any part of the heavy vehicle task.”

Public Safety, Not Just Compliance

Bow explained that CoR is not about ticking compliance boxes but about eliminating or minimising risks to the public. This extends beyond traditional workplace safety to include:

• Safety of all road users, including pedestrians and cyclists
• Protection of property and infrastructure
• Preventing environmental damage from heavy vehicle operations

She warned councils to be wary of practices that can indirectly cause breaches, such as tight delivery time slots that might pressure drivers to speed.

Transport Activities Go Beyond the Obvious

Many councils mistakenly think CoR only applies when trucks are physically moving. In reality, transport activities include:

• Planning and development approvals
• Contracting and procurement decisions
• Policies and procedures for drivers and contractors
• Scheduling, routing, loading and maintenance

Bow shared a real-world example of a council subdivision design that left waste trucks unable to safely collect bins due to narrow streets and parked cars — a risk that should have been addressed at the planning stage.

Executive Due Diligence

For executives (manager level and above), Bow stressed the duty to exercise due diligence, which includes:

• Knowing the risks and hazards in council transport activities
• Allocating and ensuring use of appropriate resources
• Responding to issues promptly and verifying information
• Monitoring the effectiveness of safety controls

“The courts will look at the likelihood and consequence of a risk and whether there was a known solution,” Bow said. “If a known fix could prevent a serious injury or fatality, it’s hard to argue cost as a reason not to implement it.”

Practical Steps for Councils

Bow encouraged councils to:

1. Identify hazards in all heavy vehicle interactions
2. Assess risks and how council practices may contribute
3. Implement controls to eliminate or minimise risks
4. Plan for contingencies — have a “Plan B” for when things don’t go as expected
5. Communicate openly with all parties in the chain
6. Foster a safety culture where staff speak up about risks

She also urged local governments to take advantage of NHVR resources, including the Master Code, regulatory advice library, and upcoming local government training packages, which will feature online modules for executives, workers and contractors.

Key takeaway: When it comes to CoR, think public risk first — and manage it at every stage of council planning, operations and procurement.

For more resources, visit: nhvr.gov.au

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