Regulatory Advice – Seatbelt use compliance in the heavy vehicle industry

Note: This information is intended as general guidance only and does not constitute legal advice. We encourage you to obtain independent advice about your legal obligations. If you have any feedback on the information provided, please contact us at info@nhvr.gov.au

This regulatory advice provides guidance on seatbelt use in the heavy vehicle transport industry and obligations under the Heavy Vehicle National Law (HVNL).

Who is this advice for?

This regulatory advice is intended for:

Why is this important to my business?

Seatbelt use for heavy vehicle drivers has been a legal requirement in Australian states and territories for approximately 20 years. When heavy vehicle drivers who are not wearing a seatbelt are involved in a crash, they will:

  • very likely suffer much worse injuries than if they were wearing a seatbelt
  • increase the likelihood of them suffering fatal injuries
  • have a much greater chance of being ejected from the seat, which can result in loss of control of the vehicle
  • increase the chances of them being ejected from the vehicle itself.

Despite these factors, rates of seatbelt use amongst heavy vehicle drivers remain lower than for light vehicle road users.

CoR parties should implement procedures to ensure seatbelt use by heavy vehicle drivers. This will contribute to driver safety and your business’s compliance with the HVNL.

What are my legal obligations?

Under the HVNL section 26C, each party in the CoR has a Primary Duty to ensure, so far as is reasonably practicable, the safety of the party’s transport activities relating to the heavy vehicle.

This is an obligation to eliminate or minimise public risks, and a prohibition against directly or indirectly causing or encouraging a driver or another person, including a party in the CoR, to contravene the HVNL. CoR parties and their executives, should be aware that they remain a CoR party even when their transport activities are contracted, or subcontracted, to another party.

Under the HVNL section 26A, safety of transport activities relating to a heavy vehicle is the shared responsibility of each party in the CoR.

Under the HVNL section 26B more than one entity can concurrently have a Primary Duty for the same transport activity, and each duty holder must discharge that duty so far as reasonably practicable.

Under the HVNL section 26D, executives of a business that is a party in the CoR must exercise due diligence to ensure the business complies with its Primary Duty.

Note: Transport activities includes all activities and business processes associated with the use of a heavy vehicle on a road.

What are the legal consequences?

If your business is a party in the CoR and it fails to eliminate or minimise public risks so far as reasonably practicable, then it may be in breach of its Primary Duty. If a breach is proven, the law provides sanctions against a company and its executives, ranging from education and formal warnings for minor offences to improvement notices and prosecution for more serious offences.

What are the hazards and risks?

Hazards associated with seatbelt use in the heavy vehicle transport industry may include:

  • driver attitude towards wearing seatbelts
  • not wearing a seatbelt
  • faulty/missing seatbelts
  • uncomfortable/outdated seatbelts
  • cabin or floor mounted seatbelts that restrict driver comfort and functionality
  • drivers losing control of vehicles during a crash
  • drivers being ejected from the seat or vehicle.

The potential safety risks resulting from these hazards may include:

  • serious or fatal to drivers and other road users
  • increased risk of trauma to first responders in the event of a crash.

Why is it important to manage these hazards and risks?

By appropriately managing these safety risks and hazards, CoR parties can:

  • prevent serious injury and fatalities to heavy vehicle drivers and other road users
  • enable heavy vehicle drivers to maintain control of the vehicle during a crash
  • assist heavy vehicle drivers to comply with relevant road transport legislation
  • avoid regulatory and other legal sanctions
  • create a safety culture within their business where heavy vehicle drivers are encouraged to make informed decisions about safety
  • enhance a business’s reputation, and position it as a business or employer of choice.

How do I manage these hazards and risks?

One of the most effective ways for CoR parties in the heavy vehicle supply chain to manage the safety of their transport activities is to adopt and actively use a Safety Management System (SMS) as part of their everyday business.

An SMS is a systematic approach to managing safety which, once implemented, will help CoR parties identify how to ensure the safety of their transport activities, so far as is reasonably practicable.

As part of the risk management process, CoR parties should:

  • identify hazards associated with their transport activities
  • assess the risks associated with those hazards
  • identify and implement control measures to eliminate or minimise those risks
  • review the effectiveness of control measures, either periodically or after any incident, to ensure they remain effective.

CoR Parties, such as operators and employers, may consider specific control measures such as:

  • implementing policies and procedures that promote seatbelt use
  • driver consultation and education on the benefits of seatbelt use and the consequences of non-compliance
  • regular driver consultation about wearing seatbelts and the safety benefits
  • ensuring that modern and properly fitted seatbelts are installed in all vehicles
  • ensuring that seatbelts are regularly checked and maintained
  • providing counselling to anyone found not wearing a seatbelt
  • educating drivers on identifying and managing compliant and non-complaint seatbelts
  • encouraging seatbelt use through reminders – for example, a poster in the meal room or a sticker in the cabin with a buckle up message
  • ensuring that all vehicles have seatbelt warning systems or a seatbelt ignition interlock system, and that they remain operational
  • observational monitoring
  • retrofitting seatbelt devices to ensure better driver comfort in older heavy vehicles
  • provide drivers with a break glass and seatbelt cutter in case of an emergency where the driver cannot remove the seatbelt.

Drivers can implement control measures such as:

  • wearing a seatbelt whenever operating a heavy vehicle
  • educating themselves on seatbelt use
  • familiarising themselves with, and following, workplace policies and procedures regarding seatbelt use
  • requesting devices to improve the comfort of seatbelts, if required
  • reporting any faulty seatbelts to their supervisor
  • not interfering with seatbelts or any other safety device
  • implementing reminders for themselves to wear a seatbelt – for example, putting a sticker in the cabin with a buckle up message.

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