Understanding the Chain of Responsibility in Transport Safety

In road transport, safety doesn’t stop with the driver. Australia’s Chain of Responsibility (CoR) laws make it clear that everyone in the supply chain has a part to play in keeping roads safe.

If a heavy vehicle is overloaded, driven by a fatigued operator, or scheduled on an impossible timetable, liability doesn’t rest with the driver alone. Operators, schedulers, consignors, and even company executives can be held accountable.

This article explains what the Chain of Responsibility is, who carries responsibility, the key risks to watch for, and how documentation like management plans and checklists help businesses stay compliant.

For a deeper dive into the legislation and its history, see our Guide to Chain of Responsibility Road Safety.

What Is the Chain of Responsibility (CoR)?

The Chain of Responsibility is a legal framework under the Heavy Vehicle National Law (HVNL) that spreads accountability for safety breaches across the entire road transport supply chain.

It ensures that no party can push risk down the line. Instead, every link in the chain must take reasonable steps to prevent breaches that could compromise road transport safety. Any party whose actions contribute to a safety breach can be held legally accountable under CoR.

This includes:

• Ensuring vehicles are loaded safely.
• Setting schedules that don’t encourage speeding or skipping rest breaks.
• Maintaining vehicles in roadworthy condition.
• Training drivers and supervisors in fatigue management.

The legal duty under CoR applies at every moment, regardless of which function is being performed.

By broadening accountability, CoR shifts the focus from blaming drivers to building safer systems for everyone, making it clear that responsibility is not limited to those who drive but extends to all parties performing relevant functions.

Who’s Responsible Under CoR?

The law applies to all parties involved in the movement of goods by heavy vehicles, not just those behind the wheel.

Key roles include:

• Drivers - responsible for following rest breaks, vehicle checks, and road rules.
• Operators - ensure vehicles are safe, drivers are trained, and compliance systems are in place.
• Schedulers - plan routes and timetables without creating unsafe pressures.
• Consignors and Consignees - confirm goods are packaged and documented correctly.
• Loaders and Unloaders - prevent overloading and secure freight safely.
• Employers and Prime Contractors - provide adequate systems, resources, and training.
• Executive Officers - ensure corporate governance supports WHS transport safety and compliance.

Being a party to the Chain of Responsibility is determined by the functions performed and responsibilities held, not just by one's title or job description. Every party has an active duty of care. Ignorance is not a defence. The words used in contracts or job descriptions do not limit who can be held responsible under CoR.

The Legislative Framework Behind CoR

The Chain of Responsibility (CoR) is firmly established within the Heavy Vehicle National Law (HVNL), which sets out the responsibility legislation for everyone involved in the supply chain. This legal framework is designed to enhance road safety by ensuring that risks associated with heavy vehicles are managed at every stage of the transport task.

A key principle of the HVNL is that being a CoR party is determined by the function you perform, not just your title, job description, or the wording of your contract. Whether you are loading goods, scheduling deliveries, managing drivers, or overseeing operations, if your actions can influence safety outcomes, you are accountable under CoR laws. This means that anyone who contributes to transport activities involving heavy vehicles has a duty to identify and control risks, regardless of their official role or position.

The National Heavy Vehicle Regulator (NHVR) plays a central role in supporting CoR compliance across Australia. The NHVR provides resources, training, and guidance to help businesses, managers, and workers understand their responsibilities and implement effective safety procedures. By promoting awareness and offering practical support, the NHVR aims to reduce serious injuries and fatalities on Australian roads.

CoR laws apply to all parties who have control or influence over any part of the transport chain, including directors, managers, operators, drivers, loaders, and other workers. The legislation requires that everyone involved in heavy vehicle operations is aware of their duties and takes all practicable steps to ensure safety. This collective approach to responsibility means that safety is not just the concern of drivers, but a shared obligation across the entire industry.

By embedding responsibility throughout the supply chain, the legislative framework behind CoR encourages proactive risk management and continuous improvement in transport safety. The focus is on preventing breaches before they happen, protecting not only drivers and passengers but also the broader community. Through ongoing training, clear procedures, and strong management support, the CoR framework helps create safer workplaces and roads for all Australians.

Key Risks in Road Transport Safety

The most common CoR compliance issues arise from three major risks:

1. Driver Fatigue

• Pushing schedules that cut into mandatory rest breaks.
• Ignoring fatigue warning signs.
• Inadequate driver training in fatigue management.

2. Overloading and Load Restraint Failures

• Exceeding mass limits to save trips.
• Poorly restrained freight causing shifting loads or rollovers.

3. Unsafe Scheduling

• Unrealistic delivery windows that encourage speeding.
• Failing to factor in traffic, weather, or rest stop availability.

Providing accurate and timely information about legal obligations, safety standards, and compliance requirements to all parties in the supply chain is essential to manage these risks and ensure everyone fulfills their responsibilities.

Each of these risks can lead to crashes, injuries, and costly legal action. A proactive CoR compliance system helps stop these problems before they reach the road.

How CoR Improves Road Safety Outcomes

When businesses take CoR seriously, the benefits ripple across the industry:

• Fewer fatigue-related crashes - when rest requirements are respected.
• Reduced rollover and load shift incidents - through proper load restraint practices.
• Safer driving behaviour - when schedules don’t pressure drivers to speed.
• Improved public trust - customers know your fleet values compliance and safety.
• Lower costs - avoiding fines, prosecutions, and reputational damage.

A strong CoR compliance system protects not only your workforce but also other road users.

Penalties for Non-Compliance

Failing to meet Chain of Responsibility duties can have serious consequences. Penalties scale depending on the severity of the breach:

• Breach of duty - fines for individuals up to $50,000; companies up to $500,000.
• Severe risk of death or injury - fines up to $150,000 for individuals and $1.5 million for companies.
• Reckless conduct - fines up to $300,000 for individuals, $3 million for companies, and even prison time for officers.

Beyond fines, breaches can result in:

• Loss of operating licences.
• Damage to business reputation.
• Increased insurance costs.

Compliance is far more cost-effective than facing penalties after an incident.

Chain of Responsibility Roles at a Glance

To make responsibilities clear, here’s a simple breakdown of who’s accountable and what they must manage:

This table provides a quick reference for compliance managers and supervisors looking to clarify responsibilities across their business.

Compliance teams within organisations, along with the NHVR's inspection team, play a crucial role in supporting and enforcing Chain of Responsibility requirements.

What Documentation Supports CoR Compliance?

To demonstrate compliance, businesses need clear, consistent documentation that aligns with HVNL requirements, including training content and educational materials. Key documents include:

• Chain of Responsibility Management Plan - outlines responsibilities, policies, and procedures.
• Fatigue Management Plans - ensures rest breaks, shift limits, and training requirements are managed.
• Load Restraint Checklists - standardises how goods are secured before departure.
• Scheduling Procedures - defines safe trip planning that avoids unrealistic timeframes.
• Training Logs and Induction Records - proof that workers understand their responsibilities, including completed courses related to Chain of Responsibility.
• Incident and Near-Miss Registers - tracks issues to improve systems over time.

Many of these documents and templates are available for download, making it easier for businesses to implement compliance quickly.

Together, these documents form a compliance system that protects your business in the event of audits or investigations.

SafetyDocs Templates for CoR Compliance

Creating policies and compliance plans from scratch takes time and carries risk if important elements are overlooked.

The Chain of Responsibility Management Plan from SafetyDocs was developed by industry experts to meet national standards, giving you a professional, fully editable framework that:

• Defines roles and responsibilities under CoR.
• Covers fatigue, loading, scheduling, and maintenance.
• Integrates with your WHS transport safety system.
• Provides evidence of due diligence during audits.

With ready-to-use templates, logistics businesses can meet their legal duties faster and more effectively.

Strengthen your CoR compliance with easy-to-use templates from SafetyDocs. Explore our Chain of Responsibility Management Plan and simplify road transport safety across your business.

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Author - Craig Cruickshank is the HSEQ Manager and Senior Technical Advisor at SafetyDocs by SafetyCulture.

Craig comes from a construction and environmental background, with experience in both the private and public sectors and is passionate about making health and safety information easy to find and understand for everyone.

Learn more about Craig's work on LinkedIn

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Available for instant download and supplied in fully editable MS Word format for use in your business.

Please note that the above information is provided as a comment only and should not be relied on as professional, legal or financial advice.