Guide: CoR Common Speed and Fatigue Risks – CoR Adviser

GUIDE: CHAIN OF RESPONSIBILITY COMMON SPEED AND FATIGUE RISKS

Ignorance of responsibilities and/or duties

A party is unaware that it is part of the chain of responsibility, or is ignorant as to what its part in the chain requires it to do.

Inadequate training

A party does not train its affected workers in their responsibilities to manage speeding and fatigue, nor does not carry out effective training.

Inadequate monitoring by all parties

Parties are unclear about who will monitor speed and fatigue indicators, andone or more parties in the chain fails to monitor these indicators.

Commercial terms

The commercial arrangements (e.g. contracts, emails and/or phone calls) between parties may encourage dangerous driving behaviour, such as speeding and driving while fatigued.

Inadequate site rest facilities

A party may not have provided appropriate facilities (e.g. bathrooms, beds, etc.) for vehicle operators where these are required.

Inadequate time-on-site forecasts

The amount of time drivers spend on-site for the receipt or delivery of goods is still part of the time they are working, and can contribute to fatigue. Parties in the CoRmay fail to take this time into account.

Inadequate time-on-site monitoring

Parties may fail to develop systems to record how long drivers spend on-site and may fail to take any delays into account.

Inadequate consultation

Parties fail to consult when entering into agreements about another party’s compliance with CoR requirements, including whether or not they have appropriate speed and fatigue management policies.

Non-validated schedules

Parties may lack appropriate oversight of schedules and rosters to ensure they are not requiring drivers to exceed regulated driving hours or speed limits.

Inadequate Non-Compliance Report (NCR) systems

Instances of speeding or unsafe driving should generate a record of non-compliance which can be logged and tracked. This is essential if a party is to quickly take corrective action against a worker and discipline repeat offenders.

Inadequate work records

A work diary is evidence that a driver’s work and rest hours are compliant with the law and that fatigue is being managed. If these are inaccurate or not kept up-to-date, this is a breach of the Heavy Vehicle National Law (HVNL).

Non-compliance with Australian Design Rule 65

Australian Design Rule 65 (ADR65) is a national standard for the maximum road speed limiting of heavy goods vehicles and heavy omnibuses, and specifies which vehicles are to be speed-limited and which devices and systems are to be used.

Inadequate service or maintenance of speed monitoring components

If speed monitoring or speed limiting components are not regularly serviced or checked, their accuracy or reliability may be reduced, meaning a higher risk of speed-related offences.

Note:A dedicated risk assessment can highlight where these risks can arise in your organisation. Beyond CoR Adviser, there are presentations and further information on how to conduct these risk assessments. These can be found atand .

This document does not constitute legal advice. It is intended as a starting point to help you develop a document appropriate to your individual situation and will need to be tailored to your specific circumstances in light of any applicable laws that apply in your jurisdiction.You should seek professional advice about the necessary amendments.If you require specific legal advice, please contact the Editor-in-Chief of this publication or your own legal advisers. © 2015 Portner Press Pty Ltd