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Regulator debunks CoR myths for farmers

Petroccitto emphasises obligations only apply to what is in their control

 

The National Heavy Vehicle Regulator (NHVR) is seeking to resolve any lingering farmer doubts or misapprehensions regarding their vulnerability to Chain of Responsibility (COR) law changes.

Despite a concerted effort to tackle primary producer concerns in relevant states over most of the year so far, the national regulator has moved to release a second round of ‘common questions’ they have raised.

NHVR CEO Sal Petroccitto says the information was gathered at a series of recent workshops for primary producers across Tasmania, South Australia and Victoria.

“As we travel across regional Australia we continue to address concerns raised by farmers to explain changes to the laws and how they align with workplace health and safety laws,” Petroccitto says.

“As part of the heavy vehicle supply chain, primary producers have for almost a decade had the same specific legislative obligations for heavy vehicle safety as other parties in the chain.

“Although the laws will change, they will still only apply to activities that a person or business has responsibility for and could influence. In other words no one will be liable for breaches they cannot control.”

For example, farmers who contract a heavy vehicle operator:

  • do not have to check a driver’s work diary
  • are not responsible for the vehicle’s roadworthiness
  • do not have to check a driver’s licence or registration.

“Recent statements such as farmers could be liable if a truck driver is sleepy, exceeds the speed limit on the way to or from a property, or a truck is not roadworthy are simply not true,” Petroccitto says.

While the document, Primary Producers and Chain of Responsibility: More Common Questions from farmers who contract a heavy vehicle operator, answers most questions in the negative, there are caveats offered.

The NHVR notes farmers should only work with transporters who give them confidence they are managing fatigue effectively and maintain their vehicles.

On work diaries, for instance, the NHVR advises: “If a farmer does notice a driver is tired, or complains about needing rest they should report it, take practical steps to allow the driver to rest, or use someone else.”

And if they do notice a vehicle safety problem, they “should report the issue to the transporter”.

However, farmers may be exposed on load restraint.

“If farmers load and restrain the goods themselves, they need to make sure the goods are loaded legally and safely,” the document states.

“If a transporter is responsible for loading a farmer’s goods, the agreement with them should include a requirement that they load legally and safely.”

And they must manage cargo weight.

“Farmers should be able to advise the transporter of the weight of their produce with a reasonable degree of accuracy by some means of assessment,” it says.

“Farmers should take into account factors that impact the weight of the product being transported, such as humidity, or the type of feed that stock have eaten before loading.”

The advice comes as the National Transport Commission (NTC) recommends that COR for effluent loss should be extended to those in charge of livestock preparation.

 

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