National Transport Commission (NTC) Chief Executive Nick Dimopoulos today welcomed the commencement of new laws in South Australia which target the underlying causes of overloading and poorly-secured loads on heavy vehicles.

The South Australian compliance and enforcement legislation requires all parties in the logistics chain – including the users of freight services – to take “reasonable steps” to prevent an on-road offence. The reform is consistent with model national laws developed by the NTC for implementation in all States and Territories.

Mr Dimopoulos praised the efforts of both government and industry in raising awareness of the new laws and developing tools to assist compliance.

“Government and industry have co-hosted awareness sessions right across South Australia, backed by training for enforcement officers and police, an extensive media campaign, a DVD training resource and industry-developed ‘nuts and bolts’ tools to help all parties comply with the new laws,” he said. “It has been a tremendous effort, which will lead to improved road safety.”

The South Australian Road Transport Association (SARTA) is already using the new laws to address potentially dangerous load restraint practices by freight users. SARTA’s implementation kit includes customer briefing tools to ensure road freight customers understand their obligations under the new laws.

“Drivers have traditionally carried the can for the bad business practices of others,” said Mr Dimopoulos. “If your actions – or lack of action – result in an overloaded or poorly loaded truck, you will be held accountable. I encourage all parties in the transport chain to understand how these new laws impact on your business.”

Further information, including the DVD and associated fact sheets, are available from the Department for Transport, Energy & Infrastructure (DTEI):

DTEI website: www.dtei.sa.gov.au/saferfairer

Phone: 1300 799 955 or email: compliance&enforcement@saugov.sa.gov.au

For more information on industry tools to assist compliance with the new laws contact:

South Australian Road Transport Association on (08) 8445 8177

SARTA website: www.sarta.org.au/

CHAIN OF RESPONSIBILITY

The national model Road Transport Reform (Compliance and Enforcement) Bill was developed in consultation with all road transport agencies, police, the road transport industry, the Transport Workers Union, occupational health and safety authorities and road user organisations.

The model national legislation was approved unanimously by Australian Transport Ministers at the end of 2003.

A key feature of the legislation is the Chain of Responsibility provision, which extends the general liability for offences to all parties involved in the consignment, packing, loading and receiving of road freight. The new laws include stronger enforcement and investigative powers and a sliding scale of sanctions and penalties based on risk.

Initially, specific Chain of Responsibility provisions will only apply to mass and dimension limits and load restraint offences. Further Chain of Responsibility provisions are being developed to include other offences such as fatigue-related breaches, vehicle standards and speeding.

More information on the national reform here:

Compliance & Enforcement

Fact sheet: Protecting Yourself Under the Chain of Responsibility:

Protecting Yourself under the Chain of Responsibility  (269.28 KB)

Under Australia’s Federal system of government, States and Territories regulate transport operation, safety, standards, weights and dimensions. Differences between these regulatory systems create unnecessary inefficiency and cost; particularly for interstate road and rail transport operations.

The National Road Transport Commission (NRTC) was formed by inter-governmental agreement in 1991 to progress regulatory and operational reform for road, rail and intermodal transport in order to deliver and sustain uniform or nationally consistent outcomes. This was extended into rail and inter-modal transport in 2004.

For more information: