Summary of the COR Legislation

Australia’s Chain of Responsibility (COR) legislation, introduced in 2018, has significant implications for businesses involved in the transportation of goods. The legislation is designed to ensure that all parties involved in the transport of goods share the responsibility for complying with road transport laws and regulations, with the aim of improving safety on Australia’s roads.

In this blog, we will provide an overview of Australia’s 2018 Chain of Responsibility legislation, outlining its key provisions and explaining the responsibilities of the various parties involved in the transportation of goods.

What is the Chain of Responsibility?

The Chain of Responsibility is a legal concept that recognizes the shared responsibility of all parties involved in the transportation of goods. Under this concept, everyone involved in the transport of goods, from the consignor to the consignee, has a role to play in ensuring that the transport is conducted safely and in compliance with road transport laws and regulations.

The aim of the Chain of Responsibility legislation is to ensure that all parties in the transport chain are held accountable for any breaches of road transport laws and regulations, and that they take steps to prevent those breaches from occurring in the first place.

Key provisions of the 2018 legislation

The 2018 Chain of Responsibility legislation applies to all parties involved in the transport of goods, including consignors, consignees, loaders, packers, and drivers. The legislation places obligations on these parties to ensure that they comply with road transport laws and regulations, and to take steps to prevent breaches from occurring.

Some of the key provisions of the legislation include:

1. Shared responsibility for safety: All parties in the transport chain have a shared responsibility to ensure that the transport of goods is conducted safely and in compliance with road transport laws and regulations.
2. Duty to ensure safety: Each party in the transport chain has a duty to ensure the safety of the relevant parts of transport activities they are involved with, including the safety of the vehicles used, the loads carried, and the drivers.
3. Duty to eliminate or minimize risks: Each party in the transport chain has a duty to eliminate or minimize risks to safety as far as reasonably practicable.
4. Obligation to document safety practices: Each party in the transport chain must have documented safety practices and procedures in place to manage safety risks.
5. Enforcement of the legislation: The legislation provides for penalties for breaches of road transport laws and regulations, and for the failure to comply with the Chain of Responsibility obligations.

Responsibilities of the various parties involved in transport

Consignors

The consignor is the person or company that arranges for the transport of goods. Under the Chain of Responsibility legislation, consignors have a responsibility to ensure that the goods being transported are safe and comply with all relevant laws and regulations. This includes ensuring that the load is secure, that the vehicle is suitable for the load, and that the driver is licensed and competent.

Consignees

The consignee is the person or company that receives the goods being transported. Under the Chain of Responsibility legislation, consignees have a responsibility to ensure that the goods are received safely and that they comply with all relevant laws and regulations. This includes ensuring that the goods are unloaded safely and that any issues with the load are reported.

Loaders and packers

Loaders and packers are responsible for ensuring that the load is secure and that it is loaded and unloaded safely. This includes ensuring that the load is evenly distributed, that it is properly restrained, and that it does not exceed the weight limits for the vehicle.

Drivers

Drivers have a responsibility to ensure that they are fit to drive, that they comply with all relevant laws and regulations, and that they operate the vehicle safely. This includes ensuring that they take adequate rest breaks, that they do not exceed the speed limit, and that they do not drive under the influence of drugs or alcohol. Drivers also have a responsibility to report any issues with the load or the vehicle, and to comply with any safety instructions or procedures provided by the consignor or consignee.

Enforcement of the legislation

The Chain of Responsibility legislation is enforced by state and territory authorities, who have the power to investigate and prosecute breaches of the legislation. Penalties for breaches can be significant, with fines of up to $1 million for corporations and up to $300,000 and/or imprisonment for individuals.

In addition to fines and imprisonment, the authorities can also impose other penalties, such as disqualification from driving, suspension or cancellation of licenses, and impounding of vehicles.

Benefits of the Chain of Responsibility legislation

The Chain of Responsibility legislation has a number of benefits, including:

1. Improved safety on Australia’s roads: By ensuring that all parties in the transport chain share the responsibility for safety, the legislation helps to improve safety on Australia’s roads.
2. Increased accountability: The legislation holds all parties in the transport chain accountable for their actions, which helps to ensure that they take steps to comply with road transport laws and regulations.
3. Improved efficiency: By requiring all parties in the transport chain to comply with road transport laws and regulations, the legislation helps to improve the efficiency of the transport system.
4. Reduced costs: By reducing the number of accidents and incidents on Australia’s roads, the legislation can help to reduce the costs associated with road transport, such as insurance premiums and repair costs.

Conclusion

Australia’s 2018 Chain of Responsibility legislation has significant implications for businesses involved in the transportation of goods. The legislation places obligations on all parties in the transport chain to ensure that they comply with road transport laws and regulations and take steps to prevent breaches from occurring. As suppliers of many goods that are used in storing and transporting goods, Containit has developed a range specifically for the transport of exceptionally heavy and or bulky items – the Certified Load Restraint Transport Pallets

It’s critical to note that whilst this might be informative in bringing COR to your attention, it is a very high level overview of Chain of Responsibility requirements and that there is much more that you and your team should research and learn to ensure compliance in your business. It’s also helpful to engage specialist chain of responsibility specialists/consultants that can come and provide specific and relevant advice to your business.