Local government Fleet Managers, Operations Managers and executives have been urged to put public safety at the centre of every heavy vehicle decision.
Karen Bow, Principal Chain of Responsibility (CoR) Adviser at the National Heavy Vehicle Regulator (NHVR), told a council audience that the primary duty under the Heavy Vehicle National Law (HVNL) is clear:
“Each party in the chain of responsibility must ensure, so far as is reasonably practicable, the safety of their transport activities.”
Who’s in the Chain
If anyone in your council influences a heavy vehicle task — from scheduling collections to writing procurement contracts — you’re in the chain. The 10 CoR functions span the driver, vehicle, and goods, and include operators, consignors, consignees, loaders, schedulers and prime contractors.
Importantly, drivers aren’t legally a party — the law focuses on the systems, practices and decisions that may cause them to breach the HVNL.
Safety Beyond Compliance
Bow said CoR is not about ticking compliance boxes but about eliminating or minimising risks to the public. That includes:
- All road users, including pedestrians and cyclists
- Property and infrastructure
- The environment
Even well-intentioned systems, such as strict delivery time slots, can push drivers to speed — a breach even if they’re not caught.
Transport Activities Start in the Office
CoR applies far beyond the depot. Council transport activities include:
- Planning approvals that affect truck access
- Contractor management and procurement
- Scheduling, loading and maintenance decisions
Bow cited a real example of a subdivision design that left waste trucks unable to access bins safely — a risk that should have been addressed at planning stage.
Executive Responsibilities
Executives (manager level and above) must exercise due diligence by:
- Understanding risks in council transport activities
- Allocating and ensuring proper use of resources
- Responding quickly to issues
- Monitoring control effectiveness
Courts will weigh the likelihood and consequence of a risk and whether a known fix was ignored. “If a known solution could save a life, cost won’t be a strong defence,” Bow said.
Bottom line: In local government heavy vehicle operations, CoR = public risk. Identify it, control it, and plan for the unexpected.
