Commonwealth Numbered Regulations

NATIONAL TRANSPORT COMMISSION (MODEL ACT ON HEAVY VEHICLE SPEEDING COMPLIANCE) REGULATIONS 2008 (SLI NO 152 OF 2008) - REG 28.

         (1)   These people are parties in the chain of responsibility in relation to a heavy vehicle -

                (a)    the employer of the driver of the vehicle; and

               (b)    the prime contractor of the driver; and

                (c)    the operator of the vehicle; and

               (d)    each scheduler of goods or passengers for transport by the vehicle, and each scheduler of its driver; and

                (e)    each loading manager of goods for transport by the vehicle; and

                (f)    each consignor of goods for transport by the vehicle to whom Division 4 applies; and

                (g)    each consignee of goods for transport by the vehicle to whom Division 4 applies.

Note    It is the performance of any these functions, whether exclusively or occasionally, that determines whether a person falls within any of these definitions, rather than their job title or contractual description.

         (2)   A person may be a party in the chain of responsibility in more than 1 capacity.

Example 

A person may be an employer, operator and consignor at the same time in relation to a driver and be subject to duties in each of the capacities.

Note    Section 147 of the C & E Act also provides that a person may be liable for a breach in one or more capacities under the chain of responsibility.