The future HVNL should place responsibilities for managing risks with those most able to do so and cater to an evolving supply chain. The law should encourage all influential parties to take a proactive approach to managing safety, including drivers.
Summary of issues and options
Under the HVNL the primary duty only applies to a defined list of parties in the Chain of Responsibility (CoR). Some stakeholders have told us that this list doesn’t reflect the current heavy vehicle supply chain, meaning that some parties who impact heavy vehicle safety aren't held to account under the law.
- This could mean heavy vehicle repairers, manufacturers, and many others would have a primary safety duty under the HVNL.
Some stakeholders express the view that drivers have poorly defined responsibilities under the HVNL, even though they have the most direct impact on heavy vehicle road safety.
4.3 Apply the primary duty (26C) to drivers. Read in the RIS.
Primary duty requirements
Some stakeholders are also concerned that the primary duty is vague and unclear on what it requires parties to do- particularly in relation to driver competency and fitness for work.
- The primary duty might clearly include ensuring, so far as is reasonably practicable, the competency and fitness for work of drivers. This could even cover drug and alcohol management plans.