After a long wait the trucking industry is able to see the chain of responsibility in action with the announcement of an enforceable undertaking by Laing O’Rourke. The National Heavy Vehicle Regulator says it has accepted an enforceable undertaking (EU) from Laing O’Rourke Australia Construction (LORAC) that will see $249,500 contributed to chain of responsibility education.
The EU stems from an allegation by Roads and Maritime Services that on 16 October 2018 and 24 May 2019 LORAC failed to comply with the mass requirements as required by the Heavy Vehicle National Law.
In the first case, a truck was stopped at Mount White and the steer axle mass was found to be 7.88 tonnes, 21.2 per cent over the allowed limit of 6.5 tonnes. On the second occasion, the truck was found, at Kankool, to have a GCM of 26.92 tonnes, a massive 34.6 tonnes over the 20 tonnes limit.
The decision to accept an EU from LORAC was based on the fact that this was a first offence under the HVNL. The company had also demonstrated that it had made , ‘significant rectification to its compliance and transport systems and is showing a commitment and willingness for positive change’.
Sal Petroccitto ,NHVR CEO, said that the EU was a first for the NHVR and was an appropriate alternative to prosecution in the circumstances.
“The alleged offences were of the highest risk category, however there was no manifestation of this risk to public safety, road infrastructure or the environment,” said Sal. “The value of the EU is significantly in excess of any penalty a court would impose and is likely to achieve significant safety improvements to the local heavy vehicle industry, the wider supply chain and the broader community.
“Proper education and training around over mass vehicles lessens the impact on infrastructure and make our roads safer for everyone. While, these offences are always concerning we have been able to achieve a positive outcome here that will benefit all parties.”
Conor Hanlon LORAC General Manager of Rail Operations, says Laing O’Rourke is pleased with the outcome agreed between the two parties.
“We understand the serious nature of these alleged offences and appreciate that the NHVR worked with us in a collaborative way to reach a positive solution,” said Conor. “The enforceable undertaking will ultimately offer more benefits than an imposed penalty and we look forward to delivering each element of the agreement to the highest standard possible.”
Conditions of the EU include:
- A commitment that the behaviour that led to the alleged contravention has ceased and will not reoccur
- A commitment to the on-going effective management of public risks associated with transport activities
- The delivery of a Chain of Responsibility Online Training Course
- The delivery of Face to Face Chain of Responsibility Training Workshops
- Engaging a third-party to conduct a Transport Safety Management System Audit.