Master Code - NHVR

1 Master CodeA registered industry code of practice under section 706 of the Heavy Vehicle National Law Master code A registered industry code of practice under section 706 of the Heavy Vehicle National Law2 Foreword ..3 Scope and application ..3 How to use this Registered Industry code of Practice ..51 INTRODUCTION ..61 .1 What is the purpose of this code ? ..61 .2 What is the Chain of Responsibility? ..71 .3 Who is a party in the Chain of Responsibility? ..72 SAFETY DUTIES ..92 .1 What is a CoR party responsible for? ..92 .2 What are transport activities? ..112 .3 What are business practices? ..122 . 4 Who is responsible for the safety of transport activities? ..172 .5 Prohibited requests and contracts ..202 . 6 How to exercise due diligence.

2 212 . 7 How can the safety of transport activities be assured? ..242 . 8 What if a person fails to comply with a duty? ..253 RISK MANAGEMENT PROCESS ..263 .1 Risk management approach ..263 .2 How to develop a risk management process ..263 .3 How to document the risk management process ..323 .4 Worked Example ..334 ROLES AND RESPONSIBILITIES ..344 .1 Structure of this code ..344 .2 The role of Chain of Responsibility parties ..345 SPEEDING RISK TYPES AND SUGGESTED CONTROLS ..365 .1 What is the risk of speeding? ..365 .2 What does the law say? ..375 .3 What you can do and why ..386 FATIGUE RISK TYPES AND SUGGESTED CONTROLS ..446 .1 What is the risk of fatigue? ..446 .2 What does the law say? ..466 .3 What you can do and why ..477 MASS, DIMENSION AND LOADING RISK TYPES AND SUGGESTED CONTROLS.

3 577 .1 What are the risks associated with mass, dimension and loading? ..577 .2 What does the law say? ..587 .3 What you can do and why ..598 VEHICLE STANDARDS RISK TYPES AND SUGGESTED CONTROLS ..718 .1 What is the risk? ..718 .2 What does the law say? ..728 .3 What you can do and why ..739 APPENDICES ..829 .1 Appendix A Key terms and definitions ..829 .2 Appendix B Safety duty ..879 .3 Appendix C Examples of Key Performance Indicators ..889 .4 Appendix D Further information ..89 TABLE OF CONTENTSTABLE OF CONTENTSM aster code A registered industry code of practice under section 706 of the Heavy Vehicle National Law3 FOREWORDThis Registered Industry code of Practice (RICP), known as the Master code , was developed in accordance with the Guidelines for industry codes of practice1 under section 705 of the Heavy Vehicle National Law (HVNL) and assessed as qualifying for registration by the National Heavy Vehicle Regulator (NHVR) under section 706 of the HVNL.

4 An approved RICP is a practical guide to achieving the standards of heavy vehicle safety and compliance required under the HVNL and the various Heavy Vehicle National Regulations (HVNR) . A Registered Industry code of Practice applies to anyone who has a duty of care in the circumstances described in this code .Safe Trucking and Supply Chains Limited, a jointly owned company of the Australian Logistics Council (ALC) and Australian Trucking Association (ATA), developed this code . The ALC and ATA are the peak industry bodies in Australia representing the major Australian logistics supply chain participants and trucking operators respectively . The code was developed in consultation with industry through various public forums involving a wide range of industry participants.

5 A draft of this code of Practice was released for public consultation on 3rd July 2018 and was endorsed by the National Heavy Vehicle Regulator for registration on 23 November 2018 .SCOPE AND APPLICATIONThis code applies to all parties in the supply chain of a heavy vehicle, known as the Chain of Responsibility (CoR) . It is intended to be used by all persons and businesses involved in the transport activity of a heavy vehicle .The code applies to all types of heavy vehicles and loads covered by the HVNL and addresses the risks associated with the four core responsibilities of CoR regulated under the HVNL: }speed compliance (chapter 1A of the HVNL) }fatigue management (chapter 1A and chapter 6 of the HVNL) }mass, dimension and loading (chapter 1A and chapter 4 of the HVNL) }vehicle standards (chapter 1A and chapter 3 of the HVNL).

6 The duty to ensure safety in chapter 1A of the HVNL also extends to other safety matters beyond the four core responsibilities of CoR . This code applies to a broad range of industry sectors and commodities, including, but not limited to: }Agriculture and agricultural vehicles }Animal and vegetable oils, fats and waxes }Beverages and tobacco }Buses (transport of passengers) }Coal and gases }Cement and concreteFOREWARD1 National Heavy Vehicle Regulator, Industry Codes of Practice Guidelines for Preparing and Registering Industry Codes of Practice, 2017, accessed at the NHVR website www .nhvr .gov .au, issued pursuant to section 705 of the HVNLM aster code A registered industry code of practice under section 706 of the Heavy Vehicle National Law4 }Chemicals and fertilisers }Construction }Cranes }Food and food products }General freight and other commodities e.

7 G . sealed containers and loads }Imports and exports }Iron and steel }Livestock }Logging and timber }Machinery and transport equipment }Manufacturing }Mining }Petroleum and petroleum products }Retail and wholesale }Sand, stone and gravel }Wood and wood products . This code applies to: }all persons or businesses who control or direct the use of heavy vehicles over 4 .5 tonnes }all persons or businesses who employ, engage or control drivers of heavy vehicles }all persons or businesses who schedule the transport of goods or passengers, or the work/rest times of a heavy vehicle driver }all persons or businesses who request an operator of a heavy vehicle to transport goods by road (directly, indirectly or through a representative) }all persons or businesses who send goods using heavy vehicles and/or are the named consignor of the goods }all persons or businesses who receive goods using heavy vehicles and/or are the named receiver of the goods }all persons or businesses who assemble or package goods, or control the packing of goods, for road transport by heavy vehicles }all persons or businesses who load or control the loading of heavy vehicles }all persons or business who unload or control the unloading of heavy vehicles }all persons or businesses who import goods into Australia for road transport by heavy vehicles.

8 This code may be a useful reference for others interested in the duties under the HVNL and Regulations .Supporting Registered Industry Codes of Practice may be developed to provide more guidance where industry specific risks are identified and are not covered by the circumstances described in this code .SCOPE AND APPLICATIONM aster code A registered industry code of practice under section 706 of the Heavy Vehicle National Law5 HOW TO USE THIS REGISTERED INDUSTRY code OF PRACTICEA dopting this code is a voluntary choice by a party in the Chain of Responsibility . It is one way to take responsibility for the safety of transport activities . This code will also assist executives of parties in the Chain of Responsibility to meet their due diligence obligations.

9 While applying this code is not mandatory, it should be noted that a distinguishing feature of an RICP is its evidentiary role in court proceedings pursuant to chapter 10 of the HVNL .While complying with this code will not afford a defence as such, the contents of the code will be a way of admitting evidence of what is known about risks and controls and could be used by a court to determine what is reasonably practicable in the circumstances to which the code relates (section 632A of the HVNL) .CoR parties who use this code to develop and apply risk-based systems in their every-day business practices will improve the safety and legal compliance of their own activities and contribute to continuous improvement in best practice within their industry .2 In this code , the word should is used to indicate a recommended course of action, while may is used to indicate an optional course of action.

10 This code includes references to sections of the HVNL and Regulations which set out legal requirements . These references are not exhaustive . The words must or mandatory indicate that a legal requirement exists and must be complied with .2 Acknowledgement of use of National Heavy Vehicle Regulator (NHVR) Registered Industry Codes of Practice Introduction, Fact Sheet 1 and Guidelines content throughout the CodeHOW TO USE THIS CODEM aster code A registered industry code of practice under section 706 of the Heavy Vehicle National WHAT IS THE PURPOSE OF THIS code ?The main purpose of this code is to assist each party in the Chain of Responsibility, and their executives, to ensure the safety of transport activities and to comply with relevant provisions of the HVNL.