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ARTICLE · 11 APRIL 2019

Are you responsible for non-compliance by third parties - under the HVNL?

Holding Redlich
Holding Redlich
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The primary duty under the HVNL is a shared one and each person in the chain (CoR) has a non-delegable safety duty.

AustraliaTransport

If you engage someone else to do something or if you aren’t primarily responsible for doing something which is done by another person, you expect them to be responsible if something goes wrong. 

However, when we are talking about safety, the critical importance of the matter overrides what might make sense when safety is not at stake.

The primary duty under the Heavy Vehicle National Law (HVNL) is a shared one. Each person in the Chain of Responsibility (CoR) has a non-delegable safety duty. Those duties are concurrent, meaning that they are overlayed and run together and one person is not absolved of responsibility just because someone else shares responsibility. 

There is a current line of thought circulating that if you engage a third party to perform a task, you are automatically absolved of or meet your safety duty under the HVNL. Unfortunately, it is not this simple.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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