sec.26CPrimary duty

sec.26C Primary duty

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. Without limiting subsection (1) , each party must, so far as is reasonably practicable— eliminate public risks and, to the extent it is not reasonably practicable to eliminate public risks, minimise the public risks; and ensure the party’s conduct does not directly or indirectly cause or encourage— the driver of the heavy vehicle to contravene this Law; or the driver of the heavy vehicle to exceed a speed limit applying to the driver; or another person, including another party in the chain of responsibility, to contravene this Law. For subsection (2) (b) , the party’s conduct includes, for example— the party asking, directing or requiring another person to do, or not do, something; and the party entering into a contract— with another person for the other person to do, or not do, something; or that purports to annul, exclude, restrict or otherwise change the effect of this Law. s 26C ins 2016 No. 65 s 10 (sec.26C-ssec.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. (sec.26C-ssec.2) Without limiting subsection (1) , each party must, so far as is reasonably practicable— eliminate public risks and, to the extent it is not reasonably practicable to eliminate public risks, minimise the public risks; and ensure the party’s conduct does not directly or indirectly cause or encourage— the driver of the heavy vehicle to contravene this Law; or the driver of the heavy vehicle to exceed a speed limit applying to the driver; or another person, including another party in the chain of responsibility, to contravene this Law. (sec.26C-ssec.3) For subsection (2) (b) , the party’s conduct includes, for example— the party asking, directing or requiring another person to do, or not do, something; and the party entering into a contract— with another person for the other person to do, or not do, something; or that purports to annul, exclude, restrict or otherwise change the effect of this Law.

• (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.
• (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