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Issue No. 36 - August/September 2007

New transport laws spread the load

Amendments to the State's Road Traffic Act 1961 are hard hitting and now allocate responsibility up and down the chain of demand of an industry that calls for faster delivery, larger loads and corner cutting on procedures.

All businesses that operate or use transport in everyday operations have specific responsibilities under new State legislation. It's called the 'Chain of Responsibility' and aims to provide a safer, fairer, transport system.

In SA the new provisions were introduced from 30 April 2007. These changes specifically apply to mass and dimensional limits and load restraint requirements, and in the near future will cover fatigue, speeding and vehicle standards.

Previously, truck drivers and owners of heavy vehicles have been the focus for what happens on the road, while others in the logistics chain have largely avoided their legal responsibilities.

The 'Chain of Responsibility' links all parties together from corporate entities, directors, managers, schedulers, consignors, receivers, loaders, packers and drivers. It's about making sure everyone adheres to the laws and is the key principle behind the national road transport reform agenda aimed at improving general compliance and ensuring that on-road parties and their goods arrive safely. Under the transport chain of responsibility, complying with the law is a shared responsibility. The new provisions apply to any person or company with a role or responsibilities associated with road transport.

It imposes potential liability on all parties, including 'off-road' parties, who exercise control over a diverse range of activities in the road transport chain. Anybody - not just the driver or transport operator - who has any influence over the transport task can be held responsible and legally accountable

Put simply, if you exercise control or influence over any aspect of the transport task, you and your company can be held legally liable for ...


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