Section 28. Who are the parties in the chain of - National Transport Commission (Model Act on Heavy Vehicle Speeding Compliance) Regulations 2008 - 28. Who are the parties in the chain of responsibility?

28. Who are the parties in the chain of 28. Who are the parties in the chain of responsibility?

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28. Who are the parties in the chain of responsibility?

(1) These people are parties in the chain of responsibility in relation to a heavy vehicle – (a) the employer of the driver of the vehicle; and (b) the prime contractor of the driver; and (c) the operator of the vehicle; and (d) each scheduler of goods or passengers for transport by the vehicle, and each scheduler of its driver; and (e) each loading manager of goods for transport by the vehicle; and (f) each consignor of goods for transport by the vehicle to whom Division 4 applies; and (g) each consignee of goods for transport by the vehicle to whom Division 4 applies.

Note: It is the performance of any these functions, whether exclusively or occasionally, that determines whether a person falls within any of these definitions, rather than their job title or contractual description.

(2) A person may be a party in the chain of responsibility in more than 1 capacity.

Note: Example: A person may be an employer, operator and consignor at the same time in relation to a driver and be subject to duties in each of the capacities.

Note: Section 147 of the C & E Act also provides that a person may be liable for a breach in one or more capacities under the chain of responsibility.