Note: This information is intended to provide general guidance only and does not constitute legal advice. We encourage you to obtain independent advice about your legal obligations. If you have any feedback on the information provided please contact us at [email protected]
This regulatory advice is about identifying and managing the safety risks linked to the use of light to medium heavy vehicles.
Who is this advice for?
If you own or manage a business that is not primarily heavy vehicle transport focused, but you use a heavy vehicle to transport people, building material, tools, small plant or construction equipment to and from work sites, this advice may apply to you.
For example, this regulatory advice may apply to:
- small plant operators
- any other tradesperson who drives a large work vehicle (a light to medium heavy vehicle)
- other parties in the Chain of Responsibility (CoR) and their executives.
Your legal liability
Some businesses, such as builders, concreters or other trades, may not recognise that they are heavy vehicle operators and may be subject to CoR obligations under the Heavy Vehicle National Law (HVNL).
But, if your business engages or operates heavy vehicles in any of its activities, then:
- the business is considered a party in the CoR and has a primary duty under HVNL section 26C
- the executives of a business that are parties in the CoR have an obligation under HVNL section 26D to exercise due diligence.
Failure to comply with these obligations can result in significant court-imposed penalties. Therefore, it’s essential that businesses fully understand their legal obligations under the HVNL.
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