AWB GRAINFLOW OVERLOADED VEHICLES POLICY STATEMENT – 2007/08
Background
“Chain of Responsibility” (CoR) refers to the concept of promoting and enhancing road safety by making various people and entities involved in transport activities responsible for ensuring that transport safety measures are complied with. As at the start of the 2007/08 harvest period, New South Wales, Victoria and South Australia have enacted CoR legislation that includes provisions applying to consignees/receivers and Queensland has now extended its chain of responsibility legislation to apply to consignees/receivers. These provisions essentially make it a criminal offence for a consignee/receiver to induce or reward a breach of a mass, dimension or load restraint limit. AWB GrainFlow acts as a consignee/receiver when it receives grain. If AWB GrainFlow accepts overloaded grain it may constitute rewarding the overloading, and in doing so, commit a criminal offence.
Policy approach
To promote road safety and ensure legal compliance, AWB GrainFlow needs to put in place receival procedures for overloaded trucks that avoid any inducement or reward for overloading. AWB GrainFlow will do this by refusing to unload vehicles identified as overloaded, as described in the steps below. AWB GrainFlow recognises that driving an overloaded vehicle is also potentially dangerous to both the driver and to other road users. AWB GrainFlow will also allow drivers of overloaded vehicles to safely park their vehicles while they contact the relevant road safety authority and/or their employer to determine a safe course of action. However, AWB GrainFlow has no legal authority to require overloaded vehicles to remain parked.
AWB GrainFlow will also make details of mass limit breaches available to road transport authorities. AWBGF can be required by law to provide this information if it does not choose to do so voluntarily.
Practical steps
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AWB GrainFlow will not accept or unload overloaded vehicles. (AWB GrainFlow also reserves the right to ban serious or repeat offenders from unloading at its sites at its discretion).
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The applicable Gross Vehicle Mass (GVM) for vehicles will be identified on the weighbridge and used to determine whether vehicles are overloaded. All vehicle weights and registrations will be recorded at the weighing point. These records will be forwarded or made available to State road transport authorities.
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Overloaded vehicles will be presented with a “GVM exceeded, unable to discharge form” and directed to a safe parking spot on site.
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The driver can then make his own enquiries, eg with the State road transport authorities or the business owner, and determine his own course of action.
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All legally loaded vehicles will be managed as per normal procedures and upon paperwork completion directed to unload.