12Who are the parties in the chain of responsibility

12 Who are the parties in the chain of responsibility

(1) These people are parties in the chain of responsibility in relation to a regulated 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) the scheduler of goods or passengers for transport by the vehicle, and the scheduler of its driver; and (e) the consignor of goods for transport by the vehicle; and (f) the consignee of goods for transport by the vehicle; and (g) the loading manager of goods for transport by the vehicle; and (h) the loader of goods on to the vehicle; and (i) the unloader of goods from the vehicle.

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.