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ARTICLE · 02 MAY 2023

NHVR releases regulatory advice on the meaning of ‘reasonably practicable'

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'Reasonably practicable' means what should be done to ensure safety, weighing up all the relevant factors.

AustraliaTransport
Nathan Cecil
Nathan Cecil
Melanie Long
Melanie Long
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According to the Heavy Vehicle National Law (HVNL), a party in the chain of responsibility for a heavy vehicle has a primary duty to ensure, so far as is reasonably practicable, the safety of their transport activities relating to the vehicle.

So what does 'as far as reasonably practicable' mean and how can you ensure you are meeting your primary duty? The National Heavy Vehicle Regulator (NHVR) provides clarification in their latest regulatory advice.

How is reasonably practicable defined in the HVNL?

The HVNL defines 'reasonably practicable' as "that which is, or was at a particular time, reasonably able to be done in relation to the duty, weighing up all relevant matters." These relevant matters include:

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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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