sec.26APrinciple of shared responsibility

sec.26A Principle of shared responsibility

The safety of transport activities relating to a heavy vehicle is the shared responsibility of each party in the chain of responsibility for the vehicle. The level and nature of a party’s responsibility for a transport activity depends on— the functions the person performs or is required to perform, whether exclusively or occasionally, rather than— the person’s job title; or the person’s functions described in a written contract; and the nature of the public risk created by the carrying out of the transport activity; and the party’s capacity to control, eliminate or minimise the risk. s 26A ins 2016 No. 65 s 10 (sec.26A-ssec.1) The safety of transport activities relating to a heavy vehicle is the shared responsibility of each party in the chain of responsibility for the vehicle. (sec.26A-ssec.2) The level and nature of a party’s responsibility for a transport activity depends on— the functions the person performs or is required to perform, whether exclusively or occasionally, rather than— the person’s job title; or the person’s functions described in a written contract; and the nature of the public risk created by the carrying out of the transport activity; and the party’s capacity to control, eliminate or minimise the risk.

• (a) the functions the person performs or is required to perform, whether exclusively or occasionally, rather than— (i) the person’s job title; or (ii) the person’s functions described in a written contract; and
• (i) the person’s job title; or
• (ii) the person’s functions described in a written contract; and
• (b) the nature of the public risk created by the carrying out of the transport activity; and
• (c) the party’s capacity to control, eliminate or minimise the risk.
• (i) the person’s job title; or
• (ii) the person’s functions described in a written contract; and