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ARTICLE · 06 MAY 2015

Lessons from recent chain of responsibility cases for road transport operators and consignors

Cooper Grace Ward
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Courts are willing to impose heavy penalties when operators do not have proper systems and practices of load restraint.

AustraliaTransport
Tony Park
Tony Park
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Two recent New South Wales Supreme Court decisions provide important lessons for road transport operators and consignors on their liability under chain of responsibility laws.

Kemp v Doble, Kemp v Doble Express Transport Pty Ltd [2014] NSWSC 785

Kemp v Air Liquide Australia Ltd [2014] NSWSC 1200

Air Liquide (the consignor) engaged Doble Express (the operator) to collect a full gas cylinder from Air Liquide and deliver it to Oakley Winery, and to then collect empty gas cylinders from Oakley Winery. Doble Express, using a Volvo rigid truck and a single axle pig trailer, first collected the five empty gas cylinders, weighing approximately 3.5 tonnes. Its driver restrained the cylinders using a single 2,500 kg synthetic ratchet strap. No anti-slip material or dunnage was placed between the base of each cylinder and the deck of the trailer.

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