Complying with your primary duty obligations

Follow these steps to make sure you are complying with your primary duty obligations.

Step One: Know and understand what your transport activities are

Step Two: Identify the risks of your activities, starting with the main risks identified in the HVNL:

  • fatigue
  • speeding
  • excessive mass or dimension
  • poorly restrained loads
  • unsafe vehicles.

Also think about the risks you can identify through:

  • your own direct knowledge and experience
  • regulations, codes of practice, research, industry guidance, NHVR web content.

Step Three: Assess the risks

Step Four: Find ways to manage the risks:

  • comply with specific rules in the HVNL and its regulations
  • identify which transport activities you can influence and control, and which ones you can’t
  • read your codes of practice for recommended control measures
  • decide what safety procedures are reasonably practicable for your business to introduce, considering the risks involved, the available safety measures and their suitability and cost.

Step Five: Implement appropriate control measures, such as:

  • training or recruitment
  • procedures
  • forms and documentation
  • equipment
  • technology
  • information collection and monitoring
  • modifications to premises or vehicles
  • auditing or inspection
  • agreements or amended agreements
  • subscribing to safety bulletins, education and training updates.

Step Six: Monitor the effectiveness of the controls and update them when needed

The NHVR has produced a range of resources to help you complete these steps, including a step-by-step guide to establishing a Safety Management System (SMS).

Managing risk (HVNL basics)

The HVNL has detailed provisions that deal with risks associated with fatigue, speeding, mass, dimension, loading and vehicle standards. Widely-used measures for addressing those risks include:

Managing fatigue and speeding

  • employees are trained to understand the risks and identify the signs of fatigue
  • drivers have regular medical check-ups to screen for sleep disorders
  • rosters and schedules do not require drivers to exceed driving hours or speed limits
  • booking systems are flexible and allow for unexpected delays without penalty
  • drivers are paid on an hourly basis, rather than per trip
  • where possible, driving is not scheduled between midnight and 6am
  • a driver is never required to drive while fatigued or at risk of fatigue
  • drivers know the location of suitable places for resting
  • drivers of fatigue-regulated heavy vehicles know how to use a work diary or EWD
  • records are kept of drivers’ activities, including work and rest times
  • records are reviewed regularly
  • reasonable arrangements are made to manage loading/unloading time slots
  • packing and loading is planned so that goods are ready for collection on time
  • drivers and their schedulers can be contacted in case of delays
  • contingency plans are worked out in advance in case of delays
  • premises have suitable places for drivers to rest
  • where required, speed limiters are fitted and are functioning properly
  • vehicles are fitted with comfortable sleeping berths
  • vehicles are comfortable to drive, with good suspension and air conditioning
  • vehicles are fitted with electronic work diaries or fatigue detection devices.

Managing mass and dimension

  • parties provide accurate information and documentation about the mass of loads
  • drivers have equipment or methods for measuring the mass and dimensions of a loaded vehicle
  • drivers and CoR parties are aware of the mass and dimension limits applying to vehicles
  • freight facilities have equipment or methods for measuring the mass and dimensions of a loaded vehicle
  • vehicles are not loaded in a way which exceeds mass or dimension limits
  • freight containers are accompanied by a complying Container Weight Declaration (CWD)
  • planning for transport of livestock or absorbent materials takes account of the effect of rain on loaded mass
  • vehicles only travel on roads for which they are authorised
  • vehicles are only scheduled to drive on allowed routes
  • copies of required documentation are available inside the vehicle
  • drivers and vehicles comply with the conditions of notices and permits
  • oversize vehicles are fitted with warning signs and lights
  • contracts do not encourage the loading of vehicles in excess of mass and dimension limits.

Safe load restraints

  • vehicles are fitted with appropriate load restraint equipment
  • drivers are trained to restrain loads and to understand and apply the guidance in the Load Restraint Guide
  • loads are restrained in accordance with Loading Performance Standards
  • appropriate vehicles are chosen for the type of freight
  • overseas manufacturers or packers are required to secure goods inside shipping containers.

Vehicle standards

  • vehicles comply with applicable vehicle standards and Australian Design Rules
  • inspections are carried out according to manufacturers’ recommendations, or more frequently if needed
  • vehicles are checked at the start of each journey
  • drivers are trained to identify and report indications of maintenance issues
  • safety systems such as Anti-lock Braking Systems (ABS) and Electronic Stability Control (ESC) are adopted where possible
  • vehicles are maintained using approved parts and fittings
  • vehicle modifications are carried out by authorised persons, and certified.