“CoR Reforms Won’t Mean a Break for Trucking Operators”, Transport Lawyer Warns

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CoR Compliance Implementation Chain Of Responsibility Online Australia

A transport lawyer has warned operators and drivers that if Chain of Responsibility proposed reforms come into effect, the trucking industry would still be in a “particularly vulnerable position”.

Operators and drivers may be hoping that reforms in CoR will make them less of a target to authorities but lawyer Gillian Bristow, says this is not the case. According to the transport lawyer, the trucking industry will still be the main target even if the proposed CoR reforms are passed.

Legislative changes to Chain of Responsibility will not necessarily mean the trucking industry will have an easier time.

Although the reforms will mean CoR will see authorities putting a greater emphasis on parties higher up in the chain, drivers and operators will still be vulnerable.

Speaking to a room full of NatRoad members recently, Bristow explained:

“As operators. I see you as being the ones with the most to lose and the easiest targets. And I don’t think that’s just me, that’s my experience anecdotally and it’s also the statistical experience,”

Source: https://www.fullyloaded.com.au/industry-news/1509/trucking-will-still-be-the-main-target-under-new-look-cor

Ms Bristow highlighted figures from the New South Wales Roads and Maritime Services (RMS) showing that up to March 2014 there were a total of 4,432 CoR prosecutions. More than half of these were against the operator.

Bristow explained:

“So, the operator represented more than half of those charges and I don’t see that changing however we structure that legislation.

“The operator is the obvious one when something goes wrong, when a vehicle’s pulled over.

“So from that point of view, you — the audience — are really the ones who’ve got the most to lose out of chain of responsibility.”

Source: https://www.fullyloaded.com.au/industry-news/1509/trucking-will-still-be-the-main-target-under-new-look-cor

NHVR COR manager Michael Crellin also admitted that truck drivers were the first to be targeted under current CoR law.

Mr Crellin believed that the plan to add primary or general duties to the CoR framework, similarly to workplace health and safety law, would probably give authorities greater leverage to target big businesses. Mr Crellin stated:

“We have to come after you first, or it seems,”

 “I guess the best way to describe that is the way that the law is currently framed and until we get the general duty we have to actually prove those substantive offences committed by the driver first before we can go and attack anybody else in the chain.

“What the general duty will provide for us is that overarching workplace health and safety style offence committed by the company and other parties in the supply chain…it’s actually going to be quite effective for us to go back and apply the pressure where it really needs to be applied.

Source: https://www.fullyloaded.com.au/industry-news/1509/trucking-will-still-be-the-main-target-under-new-look-cor

The National Transport Commission (NTC) has proposed aligning CoR with the Work Health and Safety Act (WHS Act). CoR law is currently contained in the Heavy Vehicle National Law (HVNL).

Another major change that may occur if the proposed reforms are passed is that the reverse onus of proof that currently exists for CoR prosecutions would be removed. The prosecutor would then have to prove that the accused failed to take all reasonable steps to prevent the offence from being committed.

Ms Bristow also warned that the reforms may result in substantially higher penalties for offences because WHS Act penalties are much higher than those in the HVNL.

Penalties for some offences can be as high as $300,000 and up to five years in jail for an individual employee, and a $3 million fine for a corporation.

Source: https://www.fullyloaded.com.au/industry-news/1509/trucking-will-still-be-the-main-target-under-new-look-cor

A final proposal on changes to CoR will be given to transport ministers to vote on in November. It is important that operators, drivers and all parties in the chain of responsibility know their roles and how to comply especially once harsh new penalties come into effect.

Concerned about your business? Make sure your employees comply, click here to learn how.

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