AfMA Fleetdrive Issue 13 | Page 6

For those within the fleet profession it is important to understand what your obligations are and how to instil that knowledge among your drivers. The following outlines the key aspects, penalties and information stated within the new Chain of Responsibility Legislation and provides crucial advice on how to keep your overall supply chain educated and more importantly safe. WHAT ARE THE KEY OBJECTIVES OF COR LEGISLATION? In many cases the new legislation is meant to be an increase on current laws rather than a complete overhaul of Chain of Responsibility framework. From October 1 the focus is about increased awareness and proactive efforts to manage risk: Current Legislation Updated 2018 Legislation Deemed liability Primary Duty Reasonable steps So far as reasonably practicable Onus on defendant Onus returns to prosecution Fatigue, speed, MDL Vehicle standards added 3. To create a level playing field by penalising “cheating companies” Executive officers after corporation Positive duty 4. To provide a safer industry for driver Focus on driving breaches Focus on business practices At its core the changes to CoR aren’t set up to deliberately punish or condemn individuals or organisations, but rather create a level playing field that ultimately promotes safer industry practice. New CoR laws imply that anyone who has influence over the transport activity is ultimately responsible for safety on the road. There are perhaps four overriding practical reasons for the recommended changes: 1. To increase public safety on the roads 2. To protect public infrastructure 6 What are the key legislative changes that are being implemented? ISSUE 13 2018 / WWW.AFMA.NET.AU