Document ID: chunk:federal_register_of_legislation:F2016C00503:schedule:1:p11
Version: federal_register_of_legislation:F2016C00503
Segment Type: schedule
Provision Reference: sch 1 (pt 11/16)
Character Range: 29901–32445

the person knows or reasonably ought to know cannot be complied with unless the driver commits a speeding offence or does not take all the rest breaks that she or he is required to take.

27.  Certain contracts etc prohibited
 (1) A person must not enter into a contract or agreement with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would have the effect of causing the driver or any other driver to exceed any speed limit while driving a heavy vehicle.
Court imposed penalty: $10 000.
Note: Section 28 sets out who are the parties in the chain of responsibility.
 (2) A person must not enter into a contract or agreement with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would encourage or provide an incentive for a party in the chain of responsibility to cause a driver to exceed any speed limit while driving a heavy vehicle.
Court imposed penalty: $10 000.

28.  Who are the parties in the chain of responsibility?
 (1) These people are parties in the chain of responsibility in relation to a 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) each scheduler of goods or passengers for transport by the vehicle, and each scheduler of its driver; and
 (e) each loading manager of goods for transport by the vehicle; and
 (f) each consignor of goods for transport by the vehicle to whom Division 4 applies; and
 (g) each consignee of goods for transport by the vehicle to whom Division 4 applies.
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.

Part 3—Compliance and enforcement provisions

Division 1—Reasonable steps

29.  One method of taking reasonable steps
  Without limiting the ways in which a person may take all reasonable steps for the purposes of this Act, a person is to be regarded as having taken all reasonable steps to ensure that a