Operating in the Agricultural Sector
The National Heavy Vehicle Regulator (NHVR) has issued two regulatory advices to highlight that farmers and other primary producers most likely carry a Chain of Responsibility (CoR) “primary duty” under the Heavy Vehicle National Law (HVNL) to ensure the safety of transport activities, so far as is reasonably possible, and must properly maintain transport equipment.
What are in the advices?
In the advices, the NHVR highlights:
A primary duty will still apply even if the transport activity is subcontracted. A primary duty cannot be transferred to another person or business.
To address a primary duty, all risks must be eliminated or minimised, and parties must not directly or indirectly cause or encourage a driver or another person, including a party in the CoR, to breach the HVNL.
All heavy vehicles, including those used exclusively for agricultural or seasonal work, are properly maintained and roadworthy.
The advices provide examples of activities that might fall under a primary duty and how these examples might be managed.
What does this mean for me?
Read the advices linked below.
Assess your own policies and procedures to ensure you are managing your primary duty.
Share the links with your relevant supply chain parties and internal stakeholders and seek feedback on opportunities to improve.
Review your CoRsafe Register and Manuals to ensure they are current.
If you have any questions or need support, please contact your Client Services Manager for more information.
Links:
Maintenance of heavy vehicles used in agricultural or seasonal work: https://www.nhvr.gov.au/safety-accreditation-compliance/chain-of-responsibility/regulatory-advice/maintenance-of-heavy-vehicles-used-in-agricultural-or-seasonal-work?utm_medium=email&utm_campaign=On-The-Road-Issue-155--17-January&utm_content=nhvr.gov.au%2Fsafety-accreditation-compliance%2Fchain-of-responsibility%2Fregulatory-advice%2Fmaintenance-of-heavy-vehicles-used-in-agricultural-or-seasonal-work&utm_source=comms.nhvr.gov.au