Compliance and enforcement legislation
The National Transport Commission (NTC) has worked with all State
road agencies including the Department of Planning, Transport and Infrastructure, police agencies and industry representatives to
develop model national compliance and enforcement legislation.
The result was the National Road Transport Reform (Compliance
and Enforcement) Bill.
In 2006, the South Australian Parliament passed amending legislation
to bring these model national compliance and enforcement provisions
into State law involving amendments to the:
Copies of the above legislation can be accessed by visiting
www.legislation.sa.gov.au.
This amending legislation known as the Statutes
Amendment (Road Transport Compliance and Enforcement) Act 2006
came into force on Monday 30 April 2007 affecting
all businesses that operate or use heavy vehicle road transport.
The new legislation is designed to encourage safe work practices
and fairness across the total transport task, where everyone takes
appropriate responsibility for the way goods are moved on our
roads.
Key features of the new legislation
-
Introduction of the ‘chain of responsibility’
to extend legal liability of road law offences to all parties
who by their actions, inactions or demands exercise control
or influence conduct on the road.
-
Adopting nationally consistent enforcement powers that reflect
laws in related areas such as occupational health safety and
welfare and environmental protection.
-
Implementing an extensive variety of enforcement options
and court imposed sanctions for targeting the causes of road
safety breaches and fostering a culture of compliance within
the heavy vehicle industry.
-
Mass, dimension and load restraint offences are categorised
into minor, substantial or severe breaches, depending on the
level of risk and impact on safety or infrastructure.
-
Introduction of reasonable steps defence.
How do I act legally?
The onus is on every business in the chain of responsibility
to assess their responsibilities under the compliance and enforcement
legislation and take appropriate steps towards compliance. These
steps can be as simple as:
-
assessing contractual arrangements with customers
-
communicating with customers regarding the new legislation
-
assessing the training requirements of staff
-
implementing and documenting appropriate policies, procedures
and workplace practices.
Further information on protecting yourself under the chain of
responsibility is available by visiting the NTC
website.
Industry Codes of Practice
Another way of showing you have taken reasonable steps is through
an Industry Code of Practice. You can access national guidelines
for developing and registering Industry Codes of Practice at www.austroads.com.au.
For further information, please cntact us by phoning 1300
799 955 or emailing DTEI.Compliance&Enforcement@sa.gov.au.
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