Should your business or industry consider producing a CoR Guide, as an alternative to a Registered Industry Code of Practice?

The Heavy Vehicle National Law (HVNL) provides for the registration of an industry code of practice (RICP). As discussed in our previous article here, an RICP is developed through industry consultation and approved by the National Heavy Vehicle Regulator (NHVR). It is intended to provide practical, industry-focused guidance on how parties across the Chain of Responsibility (CoR) can identify and respond to risks associated with their respective HVNL obligations. 

It is not mandatory for parties in the CoR to adopt an RICP. However, a key advantage of operating under an RICP is that if you were to be charged with contravening the HVNL, the court can rely on the RICP to determine what would be reasonably practicable in the circumstances to respond to a known hazard, risk, risk assessment or risk control. Adopting measures set out in an RICP can therefore help demonstrate compliance with a particular HVNL obligation in aid of your defence.