Everyone shoulders the load
Truck drivers and owners are not the only ones responsible for ensuring road transport safety. The business who requests a delivery, the loader who packs the goods or the truck driver doing the miles can be held responsible for a breach of the new Compliance and Enforcement (C&E) laws.
The C&E legislation has been introduced to improve and support the heavy vehicle and road transport industries. It recognises that the actions, inactions and demands of off-the-road parties in the supply chain can have a huge impact on heavy vehicle safety. The laws create a level playing field for industry by making it more difficult for those operating outside the law to gain a competitive advantage.
The reforms allow the RTA to have a more systematic and strategic approach to enforcement that will lead to improved compliance and safer roads.
Key features of C&E
Introduction of the chain of responsibility concept. All parties in the road transport supply chain have specific obligations under the law to prevent a breach. For more information use the link to the Chain of responsibility page (left).
Mass, dimension and load restraint offences are categorised into minor, substantial or severe breaches, depending on the level of risk and impact on safety or infrastructure.
The responsible person concept makes the laws applicable to the majority of people connected with the road transport industry (Responsible persons are listed in the Road Transport (General) Act 2005.)
Mutual recognition and nationally consistent enforcement powers reflect laws in related areas such as occupational health and safety and environmental protection.
A range of penalties give courts and the RTA greater options for targeting the causes of breaches and fostering a culture of compliance within the heavy vehicle industry.
Implementation of C&E
The National Transport Commission (NTC) has worked with all road agencies (including the RTA) and industry representatives for several years to develop the reforms. This resulted in the approval of the National Road Transport Reform (Compliance & Enforcement) Bill in November 2003.
The Compliance and Enforcement legislation (known in NSW as the Road Transport (General) Act 2005) has been passed by both Houses of Parliament in NSW. To access the legislation use the related link (above right).
The C&E reforms start from 30 September 2005. The RTA is committed to the introduction of C&E legislation in NSW. A detailed communications plan has been developed for industry stakeholders, including those along the transport supply chain. Over the coming months the RTA will be continuing an awareness and publicity campaign to help stakeholders prepare for the C&E reforms.
What you can do
Every person and business in the road transport supply chain is a part of the chain of responsibility. All parties have specific legal obligations to prevent road safety breaches.
You should assess your responsibilities under the C&E legislation and take appropriate steps to ensure compliance. This could include:
Seeking legal advice.
Discussing the new laws with staff, suppliers and customers.
Assessing staff training requirements.
Implementing and documenting appropriate procedures and workplace practices.
To see how you’re affected by the legislation, download the relevant fact sheets from the links at the bottom of this page.
More information
You can get more information from the National Transport Commission website www.ntc.gov.au or by emailing the RTA at compliance_and_enforcement@rta.nsw.gov.au
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