FINAL DRAFT
RWTA Chain of Responsibility—Code of Conduct

Preamble

The RWTA and its members recognise the responsibility we have to the operators within our industry and to all members of the community in ensuring that our actions promote road safety. This code of practice is a commitment by our industry to provide guidelines through which we can operate together; safely and efficiently.

The RWTA Chain of Responsibility—Code of Practice has been established to provide a framework to prevent the breach of road laws around mass, dimension, load restraint, fatigue and speed.

Parties covered by the code:

This code covers those parties operating within the refrigerated warehousing and transport market.

The Code is intended to assist all parties to the Chain of Responsibility:
To identify issues and manage compliance.
To manage their obligations (Road and Traffic Laws).
To understand their responsibilities towards the legal movement of freight.

Administration of the code:

The RWTA CoR sub-committee is responsible for the administration of this code; reviews, changes and updates will be conducted as per the review procedure. A register of committee members will be maintained by the RWTA. Proposed updates to the code will be communicated to all relevant stakeholders; this consultation process will provide an opportunity for comment and discussion on proposed updates before the update is adopted as part of the code.

The RWTA CoR sub-committee will meet bi-annually or as required to review the code, minutes will be taken and be made available to members. It is intended that the sub-committee through the RWTA Executive will liaise with regulators, unions and industry organisations to ensure the code addresses the current requirement of statute law and the needs of the industry.

The RWTA Chain of Responsibility—Code of Practice will be audited every three years by an auditor accredited under the National Heavy Vehicle Accreditation Scheme (NHVAS) for assessment of industry codes of practice. Findings and corrective actions identified during this process will be agreed and actioned by the sub-committee under the guidance of the RWTA Executive.

Review Procedure

Purpose

The purpose of this procedure is to ensure that the RWTA Chain of Responsibility—Code of Conduct is current and effectively addresses the obligations determined by the applicable legislation.

Scope

This procedure applies to the review process to be followed by members and the RWTA CoR sub-committee.

Procedure:

Legislative updates are reviewed and assessed by the RWTA to determine any required changes to the code.
Where a change is not required the decision is documented in the minutes of the meeting.
Where a change is required, the update will be made to the code with detail of the amendment communicated to members of the RWTA.
The RWTA will publish information regarding the relevance of the change and information for procedural change or further training that may be required.
The RWTA Chain of Responsibility will be held and administered by the RWTA Chain of Responsibility Sub Committee.

Definitions

Text of the draft Bill for the Road Transport—Heavy Vehicle Driver Fatigue Act 2007
Section 12
2007, 318 National Transport Commission (Model Legislation—Heavy Vehicle Driver Fatigue) Regulations 2007

Subdivision 1.3.2 Who this Act applies to

Who is a driver?
1. A reference to a driver is a reference to the driver of a regulated heavy vehicle and includes an employed driver and a self-employed driver.
  Note: Driver is defined in the C & E Act.
2. An employed driver is a driver who is employed by someone else to drive a regulated heavy vehicle.
3. A driver who is not an employed driver but is driving a regulated heavy vehicle is a self-employed driver.
Who are the parties in the chain of responsibility?
1. These people are parties in the chain of responsibility in relation to a regulated heavy vehicle:
  1. the employer of the driver of the vehicle; and
  2. the prime contractor of the driver; and
  3. the operator of the vehicle; and
  4. the scheduler of goods or passengers for transport by the vehicle, and the scheduler of its driver; and
  5. the consignor of goods for transport by the vehicle; and
  6. the consignee of goods for transport by the vehicle; and
  7. the loading manager of goods for transport by the vehicle; and
  8. the loader of goods on to the vehicle; and
  9. the unloader of goods from the vehicle.
  Note: It is the performance of any these functions, whether exclusively or occasionally, that determines whether a person falls within any of these definitions, rather than their job title or contractual description.
2. A person may be a party in the chain of responsibility in more than 1 capacity.
Example A person may be an employer, operator and consignor at the same time in relation to a driver and be subject to duties in each of the capacities.
Note: Section 147 of the C & E Act also provides that a person may be liable for a breach in one or more capacities under the chain of responsibility.
Who is an employer?

An employer is a person who engages someone else to drive a regulated heavy vehicle under a contract of employment, apprenticeship or training.
Example of an employer—A labour hire company.
Who is a prime contractor?

A prime contractor is a person who engages someone else to drive a regulated heavy vehicle under a contract for services.
Example of a prime contractor—A logistics business that engages a subcontractor to transport goods.
Who is an operator?
1. An operator of a regulated heavy vehicle is a person who is responsible for controlling or directing the operations of:
  1. in the case of a vehicle (including a vehicle in a combination)—the vehicle; or
  2. in the case of a combination—the towing vehicle in the combination.
2. A person is not an operator merely because:
  1. the person owns a vehicle or combination; or
  2. the person drives a vehicle or combination; or
  3. the person maintains, or arranges for the maintenance of, a vehicle or combination; or
  4. the person arranges for the registration of a vehicle.
Who is a scheduler?

A scheduler is:
1. a person who schedules a driver's work or rest time; or
2. a person who schedules the transport of passengers or goods by road; or
3. a person who makes a demand that affects a time in a schedule.
Example of a person who makes a demand that affects a time in a schedule:
The distribution manager for a retail chain or a loading agent or freight forwarder who sets a deadline for a delivery.

Example of a person who does not make a demand that affects a time in a schedule:
A person who has arranged for goods to be couriered by a transport company as a 'part load' who has no control over the deadline for the delivery of the goods.
Who is a consignor?

A consignor of goods is:
1. a person who, with that person's authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road; or
2. a person who engages an operator of a vehicle or combination, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or
3. a person who has possession of, or control over, the goods immediately before the goods are transported by road; or
4. a person who loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading; or
5. if paragraphs (a) to (d) do not apply to the person or anyone else, and the goods are imported into Australia—a person who imports the goods.
Who is a consignee?

A consignee of goods is:
1. a person who, with that person's authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the transport of the goods by road; or
2. a person who actually receives the goods after completion of their transport by road; but does not include a person who merely unloads the goods.
Who is a loading manager?

A loading manager is:
1. a person who manages, or is responsible for the operation of, a site or premises where regulated heavy vehicles are loaded or unloaded; or
2. a person who supervises, manages or controls any activity undertaken by a loader or unloader.
Examples of a loading manager—A company that runs, or a site manager for, a distribution centre.
Who is a loader?

A loader of goods is:
1. a person who loads a vehicle or combination with goods for transport by road; or
2. a person who loads a vehicle or combination with a freight container (whether or not containing goods) for transport by road; or
3. without limiting the above, a person who loads a freight container already in or on a vehicle or combination with goods for transport by road; or
4. a person who supervises an activity mentioned in paragraph (a), (b) or (c); or
5. a person who manages or controls an activity mentioned in paragraph (a), (b), (c) or (d).
Who is an unloader?

An unloader of goods is:
1. a person who unloads a vehicle or combination with goods for transport by road; or
2. a person who unloads a vehicle or combination with a freight container (whether or not containing goods) for transport by road; or
3. without limiting the above, a person who unloads a freight container already in or on a vehicle or combination with goods for transport by road; or
4. a person who supervises an activity mentioned in paragraph (a), (b) or (c); or
5. a person who manages or controls an activity mentioned in paragraph (a), (b), (c) or (d).

Drafting note: Several of these definitions are exactly the same as in the C & E Act, while others are somewhat modified. Implementing jurisdictions may decide to reference the definitions directly in the C & E Act where they are the same.

National Transport Commission—Safety and Compliance—Model Legislation

www.ntc.gov.au

Mass, Dimensions, Load Restraint, Fatigue and Speed.

All Parties

We must encourage behaviour to mutually benefit all parties.
Problems must be identified and communicated so that all legislative requirements are met.
There must be appropriate documentation and proper communication between all parties.

Mass

Mass:—Transport Company

Must ensure that vehicles do not exceed legal mass limits
Must ensure driver has accurate documents issued to the vehicle so that the driver knows the tare weight of the combination
Must ensure load plan for vehicle combination does not exceed maximum overall legal weight limits.
Must ensure that if load planning by pallet space—that legal axle limits are not exceeded
Must ensure that if operating under Higher Mass Limits—Transport Company must provide proof of accreditation or vehicle will be loaded to standard mass limits.

Mass:—Driver

Driver is to load according to the load plan
If load plan is not available, consider the gross weight of each pallet. Actual or indicative weight to be provided so that driver can load to legal axle limit
Must assess any changes between order and loading—extra pallets, extra weight, prior to loading
Driver to have final say in placing of pallets in vehicle after load plan from operations personnel of transport company or customer
Driver must engage with loader to load to best weight distribution
Driver is responsible to ensure that the vehicle does not exceed maximum limits
Driver should have access to documents issued to the vehicle so they know the tare weight of vehicle combination prior to loading.
Driver or loader can go to a higher authority if unsure or agreement cannot be reached about the loading.
Drivers can present to staff of loading or unloading facility and be given opportunities to check load plan and freight prior to loading and to flag any concerns they may have.
The driver has the right to refuse the load or part thereof;

Mass:—Consignor/Consignee

Must ensure that booked/ordered loads do not exceed maximum legal weight limits by providing accurate freight information to the transport company and loading manager.
Must abide by the decision of the Transport Company or Loading Manager if freight needs to be left behind to meet legal weight requirements (or load needs adjusting)

Mass:—Loader/Packer

Loader must ensure that the vehicle load does not cause the vehicle mass limits to be exceeded.
Loader must advise the driver of the actual or indicative weight of each pallet so that driver can load to legal axle weight limit.
Loader must engage with driver to load to best weight distribution
Loader or Driver can go to a higher authority if unsure or agreement cannot be reached about the loading.
Packer must ensure that individual pallet weights are correct
Packer must ensure that Load Documentation is accurate—not false or misleading
Packers must ensure that Goods packed in freight containers do not exceed the containers gross weight or safety approval rating.
Pressure must not be put on the driver to load more than is legally allowable.
The forklift driver / supervisor have the right to indicate if they believe there will be problems with the loading, these concerns must be expressed to the other parties involved before the vehicle is despatched.

Mass:—Loading Manager

Any changes between order and loading—extra pallets, extra weight should be conveyed to the Transport Company and customer.
Any large adjustment in weight of loads should be flagged to both the transport company and the customer.
As weight distribution can be determined by a number of factors, vehicle unit weight, placement of king pin, axle spread, rear overhang, etc;—The Loading Manager may
1. Rely on the transport driver to determine how the load is placed in the trailer/s.
2. Rely on the transport company and the customer of the load not to exceed overall weight limits.
Loads are loaded and placed on trailers according to customer and/or transport company load plans.
NHVAS label must be checked for Higher Mass Limit compliance.

Dimensions

Dimensions:—Transport Company

The transport company must supply legally permitted and registered vehicles that meet the legal dimension requirements.

Dimensions:—Driver

The driver should ensure that he is driving a legally permitted and registered vehicle.
The driver should be aware that he has all documentation pertaining to the permitting of the vehicle available to him.

Dimensions:—Consignor/Consignee (whoever arranges the transport)

Should ensure that transport operators are legally registered and permitted to undertake the job they are contracted to complete.

Load Restraint

Load Restraint:—Transport Company

Must ensure that the driver has sufficient equipment and is provided with sufficient training to use it correctly

Load Restraint:—Drivers

Must ensure that load is correctly restrained so that freight cannot move during transit.
Must have access to loading area or dock to supervise and/or participate in the load restraint process.

Load Restraint:—Loader/Packer

Loader must ensure that vehicle is loaded so that it does not become unstable or move inside the vehicle.
Packer must ensure that product is safely packed. E.g. cartons are stacked in a safe manner; stock is secured to the pallet; stretch wrapped etc.

Load Restraint:—Consignor/Consignee

Must ensure that transport companies are given correct and appropriate information so that they can provide supply suitable vehicles and adequate equipment for the load.
Any breaches to be reported to all parties

Load Restraint:—Loading Managers

Must ensure correct procedures are used to so that the load is securely restrained.
Must check when truck arrives to ensure that stock has not shifted or become unstable due to lack of load restraint.
Must report to customer any incident so that transport companies are made aware of any problems.
Must allow drivers access to the loading area to supervise and/or participate in the load restraint process.

Fatigue

Fatigue:—Transport Company

Must ensure that driver rosters and schedules do not require drivers to exceed driving hours regulations and are able to take required rest breaks
Must keep records of the drivers' activities, including driving and rest times
Transport companies must have contingency procedures in place to cope with unexpected circumstances, road closures, road works etc so that the driver does not exceed legal driving hours. Drivers must be aware what these procedures are and adhere to them.
Transport Companies must ensure drivers are fit for work.
Transport companies must check that the timeslot at the destination is appropriate to be completed within the legal driving hours and allowing for the taking of required rest breaks.

Fatigue:—Drivers

Must adhere to the driving hours' regulations. Remember that these are the maximum hours. Drivers should rest when tired and have adequate sleep
Must take required rest breaks
Must record driving hours as required under regulations
Driver must ensure that he is fit for work
Driver must ensure that he has the legal available driving hours to complete the designated journey
Must communicate delays to the transport company so that alternate plans can be made
Must check that the timeslot at the destination is appropriate to be completed within the legal driving hours and the taking of required rest breaks.
Must ensure that safe and responsible driving behaviour is demonstrated at all times

Fatigue:—Loader/Packer

When loading, must ensure that the load is loaded in a timely manner, without unnecessary delays
Loader/Packer must ensure that the load is ready to be loaded at the agreed loading time.
If either or both of the above are not possible, this should be reported to a higher authority so that appropriate action can be taken and all relevant stakeholders are advised.

Fatigue:—Consignor/Consignee

Must ensure that orders are placed in a timely manner to allow for the Loading manager to prepare for despatch to meet delivery requirements
Must ensure when making the timeslot for despatch or receival that appropriate time is factored for the job to be completed within the legal driving hours including required rest breaks.
Must ensure that the delivery request does not require the transport companies and/or driver to exceed permitted driving hours
Must ensure that the delivery request does not require the transport companies and/or driver to forego minimum rest periods
If agreed time is not met, must have alternate agreement to ensure they do not breach Chain of Responsibility Laws.

Fatigue:—Loading Managers

If a driver appears fatigued or not fit to drive, Loading Manager staff should contact the transport or site manager. The transport company should be notified and the loading manager will cease loading until a physical assessment of the driver or alternative arrangements can be made by the transport company.
Transport companies are requested to make achievable timeslots ensuring that appropriate time is factored for the job to be completed within the legal driving hours including required rest breaks.
If a transport company is delayed and cannot make their timeslot prior notification should be given to the receiving or despatching site of the delay.
If the Loading Manager site has delays and cannot have the load ready for the timeslot, the Loading Manager staff must notify the transport company as soon as they are aware of the delay, prior to the timeslot.
The Loading manager should contact the transport company if the truck does not arrive on time and advise them of the next available timeslot or the delay time.
Must report to customer any incident so that transport companies are made aware of any problems
Loading Manager Site must not have queues; they should have a call-up system whereby upon arrival the driver checks in with the appropriate office. The call up system must allow for the driver not to breach his legal driving hours.
A truck parking area and facilities should be provided.

Speeding

Speeding:—Transport Company

Must ensure that driver schedules do not require drivers to exceed the speed limit
Must ensure that vehicle speed limiters are functioning
Must develop contingency plans to deal with scheduling issues and problems with meeting deadlines
Must provide a method for driver to report delays or other problems
Must ensure that delivery times do not put pressure on drivers to exceed the speed limit

Speeding:—Drivers

Must ensure that speed limits are observed at all times
Must ensure that safe and responsible driving behaviour is demonstrated at all times

Speeding:—Consignor/Consignee

Must ensure that schedules do not put pressure on drivers to exceed the speed limit
Must ensure that appropriate time is factored for the job to be completed without requiring the driver to speed.
Must ensure that contracts include speed compliance and that it is monitored.
Must develop contingency plans to deal with scheduling issues and problems with meeting deadlines

Speeding:—Loading Managers

Must ensure that loading and unloading arrangements do not require drivers to speed
Must regularly review loading and unloading times and delays.
Must identify potential bottlenecks in unloading and loading
Must ensure that timeslots can be relied upon

Pursuant to: state acts
Compliance and Enforcement Legislation

Federal -

National Road Transport Reform (Compliance and Enforcement) Act 2003

Incorporated into the Road Transport Reform (Heavy Vehicle Registration) Act 1997

Incorporated into the Road Transport Reform (Vehicles and Traffic) Act 1998

VIC -

Road Transport Reform (Compliance and Enforcement) Act 2005 I

Incorporated into the Road Safety Act 1986

NSW -

Road Transport Reform (Compliance and Enforcement) Act 2005

Incorporated into the Road Transport (General) Act 2005

QLD -

Transport Legislation Amendment Act (no. 43) 2007

TAS -

Heavy Vehicle Road Transport Act No. 19 2009

SA -

Statutes Amendment (Road Transport Compliance and Enforcement) Act 2006

Incorporated into the Road Traffic Act 1961

WA -

Road Traffic (Vehicles) Bill 2007 (still before Parliament)

NT -

Not legislated, relying on Industry and non mandatory Code of Practice

ACT -