The National Heavy Vehicle Regulator (NHVR) has released another in its series of case learnings which provides guidance for Transport Operators on some reasonably practicable measures that they can take to reduce or minimise the risks associated with load restraint.

The guidance includes ensuring that:

• any transport checklists are completed before the vehicle leaves the depot 
• appropriate load restraints are available to use to properly restrain the load 
• appropriate load restraints are in fit and proper condition to be used to properly restrain the load. 
• the load is restrained to prevent it from shifting during the transport activity 
• staff members are provided with adequate training to load heavy vehicles 
• inexperienced staff are supervised when loading heavy vehicles 
• internal Safety Management Systems, policies, and procedures are followed

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The above should allow the driver and the transport operator to comply with the Heavy Vehicle National Law (HVNL) primary duty obligation and the principle obligation related to loading which is section 111 Compliance with loading requirements. The section prescribes the offence of driving or permitting another person to drive a vehicle that does not meet the loading requirements described in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation Schedule 7 Loading requirements and loading performance standards.

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More information related to loading and the load restraint guide can be found on the NHVR website (LINK).

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It is important to remember that the primary duty obligation of the Heavy Vehicle National Law is concerned with potential harm, not actual harm. That is an accident or fatality doesn’t have to occur for charges to be brought and the definition of reasonably practicable requires a holistic assessment of what is reasonably practicable having regard, amongst other things, to the likelihood of the risk happening and the harm if the risk happens.

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Under the Heavy Vehicle National Law, a person is reckless as to the risk if they are aware of the possibility of death, serious injury or illness as a result of their conduct and still choose to engage in that conduct. It doesn’t matter if there is less than a 50% chance of the risk occurring. If death, serious injury or illness is a possibility, it’s a real risk for you. If you ignore a risk that is known to you, you may be found to be reckless.

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