If you speed, it is ultimately your decision to do so, but believe or not, the HVNL has been written to give you some measure of protection against external influences that may cause you to speed. The first thing you should know is that it is an offence under the legislation for anyone to make a request that may cause you to break the law. Employers are not exempt and will also be deemed to commit an offence if their business practices cause you to have to speed in order to carry out your duties.
Under Section 207, your scheduler has a duty to ensure your schedule will not cause you to exceed the posted speed limit.
Loading managers also have a duty to to ensure loading arrangements will not cause the driver to exceed speed limits, consignors are not exempt either. A consignor has a duty to ensure any terms of consignment will not cause the driver to exceed speed limits.
Like the scheduler, the onus is on every party in the Chain of Responsibility to show that they have taken reasonable steps to prevent drivers speeding. These offences carry a penalty of $10,000 but remember, even if it can be shown that another party was involved to cause the offence, you are the one behind the wheel.
Copyright © 2020 - Australian Fatigue Management. All Rights Reserved.