|Chain of Responsibility – what you need to know!
(Tayper Newsletter 20/8/2018)
Who it affects:
Everyone who is involved in sending and receiving of freight in any way – you as the importer and exporter have responsibilities and obligations!
The requirement already exist, however as of the 1st of October 2018 the Heavy Vehicle National Law (HVNL) will be amended to include that every party in the heavy vehicle transport supply chain has a duty to ensure the safety of their transport activities.
What is it:
Our road laws generally address the actions of drivers and operators, but breaches of these laws are often caused by other parties in the transport supply chain. Under chain of responsibility (CoR), all parties who have control or influence over the transport task are deemed responsible for complying with and for breaches of these laws. All parties must take reasonable steps to prevent breaches of mass, dimension, loading, speed and fatigue laws.
Under new Heavy Vehicle National Law (HVNL), multiple parties may be responsible for the offences committed in heavy vehicle operations. A person may be a party in the supply chain in more than one way and legal liability can apply to their actions, inactions and demands.
What you need to do:
- Know your involvement in the chain.
- Ensure you are not breaching your CoR obligations.
- Monitor your practices and report possible breaches to avoid reoccurrence and possible harm.
- Provide accurate and concise information to all parties in the involvement of handling your cargo.
- Read the information on the Chain of Responsibility (CoR) website to know your responsibilities and the responsibility of others: https://www.nhvr.gov.au/safety-accreditation-compliance/chain-of-responsibility
- Know the penalties for breaches, maximum of $3 million for a corporation and $300,000 or five-years imprisonment, or both, for a person.
What Tayper require from you:
We are acting on your behalf and rely heavily on the information your suppliers, the shipping line/freight forwarders you choose, your company and yourself as an individual provide to us.
- You are providing us with correct documentation with accurate cargo weights (some examples are Bills of lading, packing lists, shipping line delivery orders, shippers letters of instructions and export documentation).
- You notify us if your goods are considered dangerous goods or require special treatment because of their nature.
- You provide accurate delivery instructions and bring to our attention any possible issues with your delivery which could result in a breach of responsibilities under CoR.
FACT (Adelaide wharf) are weighing containers when discharged from the vessel. If the total weight (goods + packaging + container tare) exceeds 24 tonne, additional heavy weight surcharges will be applicable for collection and delivery of your container. This is affective immediately, please expect to receive these additional charges and take them into consideration of your costings.
As a part of SOLAS (Safety of Lives at Sea) your supplier/or you as the exporter needs to accurately declare the total weight of containers to shipping lines and forwarders when creating bills of lading at origin. And as part of CoR, you as the importer/exporter are responsible for ensuring the information is correct when providing to us. Please ensure you pass this onto all parties involved in the freight chain to be proactive towards your due diligence.
We look forward to your support and understanding of these requirements as we continue to work together to keep everyone safe whilst sending and receiving freight. If you have any further questions please contact firstname.lastname@example.org or one of our friendly staff.