Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_12
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 19482–20777

12  Who are the parties in the chain of responsibility
 (1) These people are parties in the chain of responsibility in relation to a regulated heavy vehicle:
 (a) the employer of the driver of the vehicle; and
 (b) the prime contractor of the driver; and
 (c) the operator of the vehicle; and
 (d) the scheduler of goods or passengers for transport by the vehicle, and the scheduler of its driver; and
 (e) the consignor of goods for transport by the vehicle; and
 (f) the consignee of goods for transport by the vehicle; and
 (g) the loading manager of goods for transport by the vehicle; and
 (h) the loader of goods on to the vehicle; and
 (i) the unloader of goods from the vehicle.
Note: It is the performance of any these functions, whether exclusively or occasionally, that determines whether a person falls within any of these definitions, rather than their job title or contractual description.
 (2) A person may be a party in the chain of responsibility in more than 1 capacity.
Example: A person may be an employer, operator and consignor at the same time in relation to a driver and be subject to duties in each of the capacities.
Note: Section 147 of the C & E Act also provides that a person may be liable for a breach in one or more capacities under the chain of responsibility.