Chain of Responsibility

Chain of Responsibility legislation specific to fatigue has been introduced by the majority of the States since 2008 which has had a severe impact on the transport industry and all persons within the transport logistics chain. Under the legislation everyone in the supply chain has a responsibility to do, or to not do, anything which would breach any legislation or cause another person to breach legislation.

The relation between the legislation and the accreditation is often misunderstood.

Operators wishing to take advantage of being able to work longer hours must cross over to the relevant Module of the National Heavy Accreditation Scheme which has additional conditions to be complied with, called Standards.

The legislation, and the accreditation Standards, were developed by the National Transport Commission (NTC), and rolled out to each of the States (with the exception of Western Australia which has its own accreditation Schemes in maintenance and fatigue). The States in turn adopted and enacted the draft legislation, making any changes deemed appropriate in the individual States.

The chain of responsibility legislation affects:

  • Employers
  • Employees
  • Customers
  • Consignors/Consignees
  • Loaders/Unloaders
  • Drivers
  • Operators
  • Anyone else in the logistics supply chain
The legislation offers three options of Work and Rest Hours:

  • Standard hours: no more than 12 hours of work in 24 hours
  • Basic Fatigue: no more than 14 or 15 hours of work in 24 hours depending on the State in which an operator is accredited
  • Advanced Fatigue: no more than 15 hours (or 16 hours depending on the State in which a driver is based) in 24 hours

 

Operators working to Standard hours need only comply with the legislation; operators choosing to do BFM or AFM must meet additional criteria called "Standards" which come under the National Heavy Vehicle Accreditation Scheme.  BFM has six Standards; AFM has ten Standards, including recommendations from experts.  There is much more in-depth information on this site regarding the two NHVAS accreditations. 

The National Transport Commission was originally known as the National Road Transport Commission but the name was later changed to the current name to remove the word "Road" when rail was included in its charter. Its brief was simple - to draw up nationally accepted laws to be adopted by all the States.