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Fri 25th Apr 14

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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:

  • Road Traffic Act 1961
  • Motor Vehicles Act 1959
  • Summary Offences Act 1953

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.

Further information
You can read more about key issues under the compliance and enforcement legislation from the following pages:
  Fact sheets  
  Frequently asked questions  
Information flyer  
 
For further information, please cntact us by phoning 1300 799 955 or emailing DTEI.Compliance&Enforcement@sa.gov.au.
 



 

 
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