Chain of responsibility and New Zealand road transport

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What is the chain of responsibility?

Traditionally drivers and operators have been the focus of compliance enforcement authorities, but breaches are often caused or influenced by the actions of others.

Chain of responsibility recognises that all the people who influence drivers’ behaviour and compliance should, and must, be held accountable. This includes directors of companies.

Under chain of responsibility, responsibility is shared, and not transferred.

Existing responsibilities of drivers and operators will remain in place.

The chain

The links in the chain of responsibility for each trip can potentially include the:

• consignor
• operator
• packer
• loader
• scheduler
• dispatcher
• driver
• receiver.

Who is affected by the new requirements?

You are part of the chain of responsibility if your actions, inaction or decisions affect road transport operations.

‘Third parties’ – users or customers of a transport service – are included in the chain.

If an offence is committed by your employee, agent or contractor, the offence may be treated as having been committed by you both, whether or not it was done with your knowledge or approval.

What do the new requirements affect?

• Anyone who causes or influences a driver to exceed speed limits.
• Work time, rest time and logbook requirements.
• Maximum gross weight limits.
• The use of unlicensed transport service operators.

What are the penalties?

Last updated: 12 September 2007