Chain of Responsibility

Advice and defence for transport businesses, directors and managers facing Chain of Responsibility investigations, notices and prosecutions under the Heavy Vehicle National Law.

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Facing a Chain of Responsibility Investigation?

  • Section 26C HVNL
  • Primary duty
  • Business-wide responsibility

Chain of Responsibility is one of the most serious areas of heavy vehicle law, and the NHVR does not only look at drivers. When it investigates a possible breach of the primary duty, it generally starts with the business and its management.

If you are facing a Chain of Responsibility investigation, improvement notice, prosecution or court proceedings, early legal advice can make a significant difference.

Contacted by the NHVR about a Chain of Responsibility matter? Call Eric before you respond.

0401 937 269

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    What Is the Chain of Responsibility?

    The NHVR describes the Chain of Responsibility as recognising that drivers alone cannot ensure the safety of heavy vehicles. Safety outcomes depend on the actions of all parties in the supply chain.

    Under section 26C of the Heavy Vehicle National Law (HVNL), every party in the Chain of Responsibility has a primary duty to ensure, so far as is reasonably practicable, the safety of its transport activities. That means eliminating or minimising public risks, and not directly or indirectly causing or encouraging a driver or anyone else to break the HVNL or exceed a speed limit.

    Drivers are not always the people creating the risk.

    The law looks at the businesses and people whose decisions shape how the transport task is done.

    Who Is a Party in the Chain of Responsibility?

    You are a party in the Chain of Responsibility if you perform any of these 10 functions:

    • Employer: employs a heavy vehicle driver.

    • Prime contractor: engages a self-employed heavy vehicle driver under a contract for services.

    • Operator: directs the control and use of a heavy vehicle.

    • Scheduler: schedules the transport of goods or passengers in a heavy vehicle, or a driver’s work and rest hours.

    • Consignor: consigns goods for transport by a heavy vehicle.

    • Consignee: receives goods delivered by a heavy vehicle.

    • Packer: packs or assembles goods for transport in a heavy vehicle.

    • Loading manager: manages premises where five or more heavy vehicles are loaded or unloaded each day.

    • Loader: loads a heavy vehicle.

    • Unloader: unloads a heavy vehicle.

    Driving is not itself a Chain of Responsibility function. However, a driver who loads a vehicle is acting as a loader, and if you own and drive a heavy vehicle you are an operator.

    Many businesses perform several of these functions, but they still have one duty: the primary duty. Responsibility is shared, but sharing it does not reduce anyone’s duty, and your duty stays with you when transport work is contracted or subcontracted out.

    Directors and Managers Have Their Own Duty

    Executives, including directors and managers, have their own duty to exercise due diligence to make sure the business complies with its primary duty. This duty is separate from the company's duty.

    Both duties are positive duties. That means a business or an executive can be prosecuted for failing to take proactive steps, even if no incident or crash occurs.

    An executive can be charged even where the company is not, and the company can be charged without the executive. Eric advises the business and each executive on their own position, and tells you early if separate representation may be needed.

    Legal help for transport businesses

    Prohibited Requests and Contracts

    The HVNL also makes it an offence for any person or business that uses the services of a heavy vehicle to make a prohibited request or contract with a heavy vehicle driver or a party in the Chain of Responsibility.

    A request or contract is prohibited when the person knows, or should reasonably know, that it would cause or encourage a heavy vehicle driver to speed or drive while fatigued (section 26E). This applies to anyone using heavy vehicle services, not only transport companies.

    How Serious Are Chain of Responsibility Offences?

    Primary duty breaches are charged as Category 1, 2 or 3 offences, which the NHVR describes as the most serious offences available under the HVNL. Category 1 offences carry fines and up to five years’ imprisonment for individuals, and fines in the millions of dollars for companies.

    A business can also be charged with a breach of the primary duty even if no incident has actually occurred. The breach is about failing to have proper systems in place, not only about what happened on the road.

    Prosecution is not the only possible outcome, though. Depending on the evidence, the NHVR can also use education, formal warnings, improvement notices or an enforceable undertaking. Read more about NHVR investigations and outcomes.

    Where CoR Cases Are Won or Lost:
    “Reasonably Practicable”

    The legal standard for the primary duty is what is reasonably practicable. That means what was reasonably able to be done at the time, weighing up the relevant matters, including what the business knew, or ought reasonably to have known, about the risk and the ways to eliminate or minimise it.

    The duty only covers what a business can influence and control. But the NHVR is also clear that a business cannot accept a higher level of risk because it is unwilling to spend money, or because it has less financial capacity than others with the same duty.

    If the NHVR has already started an investigation, see how NHVR investigations work.

    Defending a Chain of Responsibility Allegation

    Every case turns on its evidence. Depending on the facts, the issues Eric examines may include:

    • Whether a breach actually occurred
    • Whether the business could influence or control the risk
    • Whether reasonably practicable measures were in place
    • Whether the investigation was adequate
    • Whether the evidence is sufficient
    • Whether the facts relied on are correct
    • Defects in the prosecution evidence
    • Procedural fairness issues

    How Eric Helps

    Investigations and notices.

    Advice from first contact, including responses to Notices to Produce, premises visits and meetings with investigators.

    Court representation.

    Court representation is at the core of the practice. Eric regularly appears for truck drivers, owner drivers, transport operators, logistics companies, directors, executives and other supply chain participants.

    Enforceable undertakings.

    Preparing proposals and negotiating terms with the NHVR as an alternative to prosecution.

    Getting compliance right.

    The NHVR’s approach to the primary duty is to identify and assess the hazards and risks from your transport activities, work out what is reasonably practicable to control them, and put control measures in place, such as training, documented procedures and updated contracts. Eric reviews your systems and practices against that standard.
    Eric Navea advising transport businesses

    Acting for Transport Businesses

    Eric acts for transport operators and their directors, often in the same matter. He works with your compliance, safety and HR people, coordinates the response across multiple drivers, vehicles or entities, and briefs experienced counsel where a matter calls for it.

    Legal help for transport businesses

    When your livelihood, business and reputation are on the line, you need a lawyer who understands both sides of the process.

    Related areas of practice:

    Recent Results for Transport Operators

    Multiple Overmass Offences — Liverpool Local Court

    Maximum penalty $200,950.
    Result: $12,000 total fines.

    Severe Overmass — Parramatta Local Court

    Maximum penalty $75,100.
    Result: $7,500 fine.

    Failure to Comply With Notice — Sutherland Local Court

    Maximum penalty $41,250.
    Result: $1,000 fine plus costs.

    Case outcomes depend on the individual facts and circumstances of each matter. Past results do not guarantee or predict future outcomes.

    See All Results for Transport Operators →

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    Chain of Responsibility FAQs

    What is the Chain of Responsibility?

    It is the framework in the Heavy Vehicle National Law that makes everyone who influences heavy vehicle safety responsible for it, not just drivers. Each party has a primary duty to ensure, so far as is reasonably practicable, the safety of its transport activities.

    Is the Chain of Responsibility only about drivers?

    No. Driving is not itself a Chain of Responsibility function. The parties include employers, prime contractors, operators, schedulers, consignors, consignees, packers, loading managers, loaders and unloaders. A driver who loads a vehicle is acting as a loader.

    Can we contract out our Chain of Responsibility obligations?

    No. Your primary duty stays with you when transport work is contracted or subcontracted, and it cannot be transferred or reduced by a contract or arrangement.

    Can directors be personally liable?

    Yes. Under section 26D of the HVNL, executives must exercise due diligence to ensure the business complies with its primary duty. The NHVR has charged company directors personally, including for failing to meet those obligations.

    What does “reasonably practicable” mean?

    It is what was reasonably able to be done at the time, weighing up the relevant matters, including what the business knew or ought reasonably to have known about the risk and how to deal with it. A business cannot accept a higher level of risk simply because it does not want to spend the money.

    What are the penalties for Chain of Responsibility offences?

    Primary duty breaches are charged as Category 1, 2 or 3 offences. The most serious, Category 1, can lead to up to five years’ imprisonment for individuals and fines in the millions of dollars for companies. A business can be charged even if no incident has occurred. Other outcomes, such as formal warnings, improvement notices and enforceable undertakings, are also possible.

    What should we do if the NHVR contacts us about a Chain of Responsibility matter?

    Get advice before you respond. If you have received a statutory notice, failing to comply is an offence, but how you respond, and what you provide, matters. Call Eric on 0401 937 269.

    Can the business and its directors use the same lawyer?

    Often, yes, but not always. The business and its individuals may have different interests. Eric assesses this at the outset and will tell you if anyone needs separate advice.

    Will a safety management system help?

    It can. The NHVR describes a safety management system as a systematic approach that helps Chain of Responsibility parties work out how to ensure the safety of their transport activities, so far as is reasonably practicable.

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      This page is general information only and does not replace legal advice about your specific matter. It was last reviewed in October 2026. The NHVR may update the law, penalties and policies from time to time, so check the NHVR's official publications at nhvr.gov.au.