26CPrimary duty

26C Primary duty

26C Primary duty

(1) Each party in the chain of responsibility for a heavy vehicle must ensure, so far as is reasonably practicable, the safety of the party’s transport activities relating to the vehicle.

(2) Without limiting subsection (1), each party must, so far as is reasonably practicable—

(a) eliminate public risks and, to the extent it is not reasonably practicable to eliminate public risks, minimise the public risks; and

(b) ensure the party’s conduct does not directly or indirectly cause or encourage—

(i) the driver of the heavy vehicle to contravene this Law; or

(ii) the driver of the heavy vehicle to exceed a speed limit applying to the driver; or

(iii) another person, including another party in the chain of responsibility, to contravene this Law.

(3) For subsection (2)(b), the party’s conduct includes, for example—

(a) the party asking, directing or requiring another person to do, or not do, something; and

(b) the party entering into a contract—

(i) with another person for the other person to do, or not do, something; or

(ii) that purports to annul, exclude, restrict or otherwise change the effect of this Law.

s 26C: Ins 2016 No 65, sec 10.