Most businesses with an understanding of Chain of Responsibility (CoR) laws will know that schedulers have many obligations under CoR. For example, a scheduler has obligations under s 207 of the National Heavy Vehicle Law (HVNL) to take all reasonable steps to ensure that a vehicle’s schedule will not result in speeding – with a maximum fine of $10,000.
But defining who is a scheduler for the purposes of the HVNL might not be as straightforward as you think.
According to s 5 of the HVNL, a scheduler, for a heavy vehicle, means a person who:
- schedules the transport of any goods or passengers by the vehicle; or
- schedules the work times and rest times of the vehicle’s driver.
However, the word ‘schedule’ is not defined the HVNL. A standard dictionary definition of schedule is: ‘to plan an event to take place at a particular time’. Well, that’s looks pretty straightforward …
But, on closer inspection, this means that anyone who is involved in controlling despatch or receival of freight may be a scheduler.
From a despatch perspective, where the scheduler may have a clear understanding of where the goods are moving from and to, it’s fairly basic.
But it is likely to be less clear from a receival perspective where a scheduler’s main concern is to manage arrivals at a site, rather than be particularly worried about where the vehicle is coming from or going next.
Editor-in-Chief of the CoR Adviser, Geoff Farnsworth, says this means it is possible that more than one person to have an influence over the vehicle’s schedule and it is important there is clear communication along that chain.
“The person responsible for setting the original schedule and the driver may need to advise receival sites about the driver’s daily schedule so that the driver is not put in a position where they need to speed to keep up,” he warns.
Keeping abreast of CoR laws is difficult when articles like this don’t appear in the mainstream media. That’s why Geoff and his team of transport law experts put together specific content on CoR laws every month in CoR Adviser.
Written in plain English, CoR Adviser has all the latest information about CoR laws (and their impending changes) and explains in detail how to apply them to your business.
But you can only get your hands on this valuable information by subscribing to CoR Adviser. Do it now before you – or your supply chain partners – inadvertently breach a law that could prove extremely costly to you, personally, and your business.