Document ID: chunk:federal_register_of_legislation:F2016C00503:schedule:1:p9
Version: federal_register_of_legislation:F2016C00503
Segment Type: schedule
Provision Reference: sch 1 (pt 9/16)
Character Range: 24879–27640

that have been transported to the premises unloaded.  The manager of the premises is a loading manager because at least 5 vehicles are usually loaded or unloaded at the premises on a business day.

22.  Duty on loading managers
 (1) A loading manager must take all reasonable steps to ensure that the arrangements for loading and unloading heavy vehicles at the premises in respect of which she or he is the loading manager will not cause the driver of a vehicle to exceed any speed limit that applies to the vehicle.
Court imposed penalty: $5 000 for a first offence;
                        $10 000 for a second or subsequent offence.
Examples of some reasonable steps that can be taken
 reviewing loading and unloading times and delays at loading and unloading places
 identifying potential loading and unloading bottlenecks in consultation with drivers and other parties in the chain of responsibility
 ensuring that timeslots for loading or unloading can be relied upon.
Note: Section 30 sets out some of the factors a court may consider in determining whether a person has taken all reasonable steps.  Section 29 sets out one method by which a loading manager can take all reasonable steps for the purposes of this subsection.
 (2) An offence against subsection (1) is an offence of absolute liability.

Division 4—Duties on certain consignors and consignees

23.  Consignors to whom this Division applies
  This Division only applies to a consignor who engages a particular operator of a vehicle or combination, either directly or indirectly or through an agent or other intermediary, to transport goods on her or his behalf by road for commercial purposes.

24.  Consignees to whom this Division applies
  This Division only applies to a consignee –
 (a) who, with his or her authority, has been named or otherwise identified in the relevant transport documentation as the intended consignee of goods that are transported by road by a particular operator of a heavy vehicle or combination; and
 (b) who knows, or who ought reasonably to have known, that the goods were to be transported by road.

25.  Duties on consignors and consignees
 (1) A consignor or consignee to whom this Division applies each must take all reasonable steps to ensure that the terms of consignment (e.g. delivery times) will not cause the driver of the vehicle that is to transport the goods to exceed any speed limit that applies to the vehicle.
Court imposed penalty: $5 000 for a first offence;
                        $10 000 for a second or subsequent offence.
Examples of some reasonable steps that can be taken
 ensuring contractual arrangements and documentation relating to the consignment and delivery of goods enable speeding compliance
 contingency planning in