CHAIN OF RESPONSIBILITY & FATIGUE REGULATIONS

1. CHAIN OF RESPONSIBILITY & FATIGUE REGULATIONS PRESENTER: PAUL QUILLIGAN

2. CHAIN OF RESPONSIBILITY YOU are responsible. It doesn’t matter what your job title is! The Chain of Responsibility means that all parties in the supply chain share the responsibility to manage driver fatigue You need to cooperate and consult with each other to address fatigue risks Everyone achieves this by taking‘reasonable steps’ to prevent fatigue

3. WHAT ARE REASONABLE STEPS • Regularly identify and assess the risks associated with your activities; • Manage those risks • Eliminatethe riskor • Minimisethe likelihood of the risk occurring

4. CHAIN OF RESPONSIBILITY operators receivers consigners consignees distribution centres schedulers rosterers loaders unloaders management

5. WHAT LEGISLATION MAKES PROVISON FOR CHAIN OF RESPONSIBILITY • The term “chain of responsibility encompasses three separate and different pieces of legislation under the provisions of the • Transport Operations (Road Use Management ) Act 1995 Section 57B – mass, dimension and load security. • Transport Operations (Road Use Management – Fatigue Management) Regulation 1998 – fatigue related offences • Transport Operations (Road Use Management - Dangerous Goods) Regulation 1998 – dangerous goods offences.

6. DRIVERS CANNOT BE ROSTERED ON FOR MORE THAN 6 DAYS WITHOUT A 24 HOUR CONTINUOUS BREAK UNDER STANDARD HOURS

7. HEAVY VEHICLE OPERATING HOURS Standard Hours • 12 hours driving in 24 / 72 hrs P/wk / 144 P/Fnight. 7 hrs continuous rest in 24 - 4 ‘nights’ rest in F/night BFM – Letter from employer in cab • Up to 14 hours driving in 24 / 72 hrs P/wk / 144 P/Fnight. 7 hrs continuous rest in 24 / 24 in 84hrs / 4 ‘nights’ in F/night 36 hour rule – night work / long work AFM – copy of Approval Certificate in cab • Outer Limits each state – operator to propose own safety management system with linked work hours - Industry Panel to approve submission.

8. Under section 48(2) and the Schedule 1 (Table 1) of the Transport Operations ( Road Use Management – Fatigue Management) Regulation 2008 (‘the Regulation’), such a driver must in any period of seven days have a minimum rest time of 24 hours.

9. INFRINGEMENT TABLE Infringeable offences – guiding principles Strict liability offences – generally, these offences are considered suitable to be made infringeable because there is no requirement to prove a mental element and their enforcement is relatively straightforward. Offences that contain an exception, proviso, excuse or qualification – These offences are inherently more complex and include extra elements that need to be proved and may be contested in a court. These offences are not suitable for infringement. Offences requiring proof of intention , subjectivity – These offences are generally not suitable to be made infringeable as they require an assessment of behaviour against objective standards. They require proof of a state of mind. Minor, Substantial, Critical & Severe Offences Not every level of offence is infringeable. Minor and Substantial risk offences should attract infringement. Critical and Severe risk offences will automatically be prosecuted.

10. CHAIN OF RESPONSIBILITY Further Liability Provisions for Extended Liability Offences 57B.(1) This section only applies – (a) for an extended liability offence Fatigue Weight of loads Over-dimensional Load restraint Dangerous Goods Speeding

11. COMPLIANCE & ENFORCEMENT LEGISLATION Authorities can enter a Heavy Vehicle place of business during working hours or anytime in relation to death, injury or damage FINES: Breaches of the C&E act – from $5,000 for individuals – from $30,000 for companies False or misleading statements - $10,050 MAX PENALTY Providing false or misleading documents- $10,050 MAX PENALTY Obstructing Authorised Officers - $8,050 MAX PENALTY Courts can impose fines of 3 times the commercial advantage a company has gained from their actions DEFENCES TO ACT Reasonable influence to prevent Reasonable steps defense Reasonable diligence to prevent Not in a position to influence the conduct of the driver or person in control Industry Codes of Practice Having no knowledge of the offence is NO defense Authorities will target – Codes of Practice & their treatment of concessions to Operators If you promise to Do & DON’T – Authorities will take away your concessions!!

12. WHO ARE TRANSPORT COMPLIANCE SOLUTIONS? Queensland owned and based company, Extensively involved in the development and implementation of alternative compliance schemes such as the National Heavy Vehicle Accreditation Scheme; We understand the unique requirements of the transport industry We have the systems, experience and knowledge to assist operations regardless of fleet size or operation. Have been involved in the transport industry at all levels, for more than 30 years, We are an industry leader in the development and implementation of systems designed to meet State and Federal compliance requirements within the transport logistical chain. We provide a complete service, working with you to ensure that your compliance requirements are met and that the users can clearly understand and operate the system without concern. We can assist you to establish a basic system or design, develop and implement a system tailored to your business requirements.

13. NHVAS IMPLEMENTATION SUPPORT Our implementation support includes; A detailed and comprehensive Policy and Procedure Manual which will form the nucleus of the Accreditation Administration function. Scheme induction training for all persons that will operate under or administer the documentation and Internal Review process. Support for the accreditation administration staff, when required to conduct Internal Reviews or Quarterly Compliance Review process. A customer assistance ‘Help Function’ to assist with the smooth transition into the Accreditation Scheme;

14. THANK YOU QUESTIONS?