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Recommendations/Uses

  • The DriveCam solution is suitable for any company fleets from 2 to 5000+ vehicles.
  • DriveCam is suitable for a variety of vehicles and has been fitted to thousands of commercial vehicles in New Zealand and Australia including trucks, vans, utes, buses and ambulances.

 

Chain Of Responsibility Legislation - How can we help?

Below is an extract from a VICRoads publication on chain of responsibility legislation as it transpires to Operators/Managers/Schedulers. For many transport operators, the new laws and the ammendments due in September are daunting. This is where IVCS and the DriveCam system can really help for your peace of mind. Highlighted in yellow are the areas where the DriveCam system can tick the boxes for you. From a driver perspective, DriveCam helps prove that they are complying to requirements in the cab without a shadow of doubt.  Any areas where non-compliance to rules and OH+S regulations/requirements are highlighted through the DriveCam review service and updated on a daily basis. This allows for targeted and immediate training to take place to ensure any breaches are remedied effectively and efficiently and the company and drivers exposure to risk with respect to the chain of responsibility s kept at a minimum.

What is the chain of responsibility?

The chain of responsibility means that anybody - not just the driver - who has control in a transport operation can be held responsible for breaches of road laws and may be made legally liable. In other words, if you use road transport as part of your business, you share responsibility for ensuring breaches of road laws do not occur.

So if a breach of road transport law occurs due to your action, inaction or demands, you may be legally accountable.

Put simply this means:

Control = responsibility = legal liability

New laws

The chain of responsibility currently applies under driving hours and dangerous goods regulations. New provisions in the Road Safety Act 1986 mean that from 30 September 2005 the chain of responsibility also applies to mass and dimension limits, and load restraint requirements.

What are my responsibilities?

As an operator, manager or scheduler of a business involved in road transport, your responsibilities include ensuring that:

 Rosters and schedules do not require drivers to exceed driving hours regulations or speed limits

 Vehicle speed limiters are functioning

 Vehicles do not exceed mass or dimension limits

 Appropriate restraint equipment is provided and loads are appropriately restrained

 You keep records of your drivers’ activities, including driving, work and rest times

What do I need to do?

As an operator or an employee of an operator, you need to make sure that your conduct does not compromise road safety or involve breaking the law.

You should implement systems to ensure that the mass of each vehicle is assessed and recorded for each trip.

You should have an auditable system for rostering and scheduling your drivers so that they do not exceed the regulated hours of driving and work, or exceed any speed limits, and that they have sufficient opportunity for rest and sleep to avoid fatigue.

You need to have work practices in place so that vehicles and equipment are kept in good condition and all loads are properly restrained.

If speed limiters are fitted to the vehicles, they must be operating properly.

You should keep records of drivers’ activities including driving, working and resting, and check that they are complying with the regulations.

Compliance assurance conditions should be included in relevant commercial arrangements with other responsible persons.

Employees should have the necessary information, instruction, training and supervision to enable compliance with relevant laws.

Special defence for an owner or operator

From 30 September 2005, an owner or operator will not be held liable for a relevant alleged heavy vehicle offence, if the owner or operator charged can establish that the vehicle was being used at the time by:

 

 An employee was acting outside the scope of his or her employment; or

 An agent (in any capacity) of the owner or operator was acting outside the scope of the agency; or

 Any other person who was not entitled to use the vehicle

 

CHAIN OF RESPONSIBILITY DRIVERS 

What is the chain of responsibility?

The chain of responsibility means that anybody - not just the driver - who has control in a transport operation can be held responsible for breaches of road laws and may be made legally liable. In other words, those who use road transport as part of their business, share responsibility for ensuring breaches of road laws do not occur.

If a breach of road transport law occurs due to someone’s action, inaction or demands, they may be legally accountable.

Put simply this means:

Control = responsibility = legal liability

New laws

The chain of responsibility currently applies under driving hours and dangerous goods regulations. New provisions in the Road Safety Act 1986 mean that from 30 September 2005 the chain of responsibility also applies to mass and dimension limits, and load restraint requirements.

What are my responsibilities?

As a truck driver, your responsibilities include making sure that:

 You adhere to the driving hours regulations (time spent driving and working)

 You take the required rest breaks

 You record your driving hours as required

 Your vehicle does not exceed mass limits

 Your vehicle and load do not exceed dimension limits

 Your load is appropriately restrained

   You do not exceed the speed limit

 You do not tamper with any equipment required to be fitted to the vehicle  

What do I need to do?

As a driver, you need to make sure that your conduct does not compromise road safety or involve breaking the law.

You should know your vehicle’s mass. Examples of ways you can do this include:

 

 Keeping weighbridge dockets issued to the vehicle you are driving

 Using on-board scales to check your weights

 Keeping any loading documentation that shows the weight of your load

You must not exceed the regulated hours for driving and working. Remember that these are maximum hours. You should always rest when tired and have adequate sleep to prevent fatigue.

You should make sure that your vehicle does not exceed legal dimensions.

Your load should be checked to ensure it is properly restrained, even if you are not the person who loaded the vehicle. You should check the adequacy and condition of restraining equipment (chains, ropes, straps etc).

You should make sure you observe the speed limit at all times.

Special defence for drivers

From 30 September 2005, if someone else is responsible for maintaining the vehicle you drive, or its equipment, you won’t be liable for any deficiencies provided that you:

 

 Did not cause or contribute to the deficiency;

 Did not know or could not reasonably be expected to have known of the deficiency; and

 Could not reasonably be expected to have checked whether there were or were likely to be deficiencies.

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