Gaol sentence shines light on CoR enforcement

Australian specialist insurer, National Transport Insurance (NTI), says last week’s sentencing of a transport fleet’s executive shows the full force of Australia’s Chain of Responsibility legislation, and the potentially drastic outcome for those who flout the law.

The National Operations Manager of the transport company behind the truck involved in Melbourne’s tragic 2020 Eastern Freeway accident, in which four police officers were killed after an impaired truck driver ploughed into them following an intercept for a speeding motorist, was sentenced to three years in gaol, over $100,000 in penalties and costs, and a 12-month ban from serving in similar transport roles.

The outcome represents the first time the country has seen an employee charged and sentenced for a Category One offence, sending a strong signal to anyone in the transport chain who doesn’t apply full care and attention to their role.

According to NTI’s Supply Chain Technical Manager, Aaron Louws, the case highlights how the National Heavy Vehicle Regulator (NHVR) can potentially bring charges against an individual, as opposed to only prosecuting an employer.

“The sentence sends a clear message to parties within the supply chain – the law will be enforced,” he said.

“What also makes this case ground-breaking is that the defendant was convicted as an ‘operator’ of a heavy vehicle for their failure to fulfil their primary duty.”

While an ‘operator’ is anyone who is ‘responsible for controlling or directing the use of a heavy vehicle’, the term can also encompass immediate managers or supervisors of drivers, along with senior management who have responsibility for the use and control of a heavy vehicle.

The Court found the transport company in question had policies and procedures that were not appropriately implemented, adapted, and enforced, leading to the conviction of the firm and two of its executives.

“There were multiple examples of non-compliance with many aspects of the policies in the areas of recruitment, screening, the training of new workers, drug testing, recording work/rest time and adhering to work/rest requirements,” said Mr Louws.

“The actual implementation and enforcement of company processes never happened, and if they had, it’s possible this incident may not have occurred.

“We can all learn from this situation. It’s important to prove our standards are in place, and as an industry we work together to ensure that our actions/inactions do everything so far as is reasonably practicable, to ensure this couldn’t happen again.”