Heavy Vehicle Maintenance: Have you got it covered?

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Current Chain of Responsibility legislation covers Fatigue and Speeding, Mass and Dimension, Load Restraint and Container Weight Declarations, however the Transport and Infrastructure Council Communiques of 22 May 2015 states:

The Council agreed to bring forward consideration of a package of measures to expedite national consistency and compliance improvements for decision in November 2015. The package will include measures regarding chain of responsibility duties for vehicle maintenance and scheduled inspections with the intention of implementing improvements as soon as possible.

These measures are required to improve Heavy Vehicle Safety and to place greater responsibility on Directors and Managers within Chain of Responsibility legislation.

The National Transport Commission has released a regulatory impact statement to consider four options with their potential impacts: Option 1

To maintain the existing legal position and to make no new changes to heavy vehicle road worthiness regulation, other than the previous agreed reforms, being

• The adoption of national heavy vehicle roadworthiness standards and

• The continuation of the existing state based variations in roadworthiness compliance and enforcement

Option 2

To improve industry education including a review of the Heavy Vehicle Inspection Manual, developing uniform education and training for authorised officers, operators and drivers, and producing new registered codes of practice and guidelines.

Option 3

To focus on amending the Heavy Vehicle National Law (HVNL) to allow the National Heavy Vehicle Regulator to require nominated heavy vehicles and classes of heavy vehicles to undergo scheduled inspections. Such a risk management approach would mean that inspection resources are directed towards vehicles that pose the greatest risk. Option 3 also proposes:

• including new, specific chain of responsibility duty in the HVNL for particular responsible parties to ensure they have business practices in place to maintain vehicles in a roadworthy condition;

• providing for formal roadworthiness procedures, including criteria for issuing a formal warning or major or minor defect notice; and

• providing for standardised inspection types, practices and defect clearance processes

Option 4

Proposes many of the same measures as Option 3 but with key differences in the approaches to scheduled inspections. Option 4 proposes mandating scheduled inspections for all heavy vehicles at prescribed intervals (such as annual inspections). Option 4 also proposes including a new general chain of responsibility duty into the HVNL requiring parties in the chain to ‘take all reasonable steps to maintain vehicles in a roadworthy condition’.

The NTC supports Option 3 and the Transport and Infrastructure Council endorsed the development of the Regulation Impact Statement for consideration in July 2015 with a decision in November 2015.

Such improvements in National Heavy Vehicle safety is an important safety initiative. Following the conclusion of Operation Austrans across Australia the number of vehicles identified with safety defects continues to be of a concern.

In NSW of 58,238 vehicles inspected, 4360 vehicles with defects were identified. This was a 50% reduction from 2014, but still too many unsafe heavy vehicles on NSW roads.

A recent case in the Supreme Court in South Australia has highlighted the responsibility for Company Directors and Owners for Heavy Vehicle Safety. Peter Francis Colbert who operates Colbert Transport was found guilty of manslaughter and endangering the lives of two other people, by refusing to accept responsibility for a heavy vehicle with faulty brakes despite repeated requests from employees to have the brakes repaired. It is the first time a company owner has been held criminally responsible for an employee death because of workplace negligence. Maximum sentence is life in prison with sentencing due in August 2015.

Safe work Australia has released data dealing with deaths in the workplace and the Transport, Postal and Warehousing industry has recorded the highest number of deaths of 24 from a total across all industries of 76 deaths as of June 26, 2015.

This is not acceptable and every incident could be prevented. Regrettably some people do not take this responsibility seriously so legislation will be increased to make people more accountable.

Maintenance is covered by default under the Chain of Responsibility act by the requirement to complete maintenance records, however this is not good enough. As responsible Managers and Owners we have a duty of care to not only our employees but those people we come into contact on a daily basis, as such other road users.

The National Heavy Vehicle Regulator Maintenance Management Accreditation Guide, has provided a pathway for operators to take responsibility for maintaining their vehicles correctly and for ensuring they are always in good mechanical condition. Better maintenance means fewer breakdowns and disrupted delivery requirements and most importantly improved road safety.

TruckSafe provides accreditation for Maintenance which is aimed at ensuring vehicles and trailers are kept in a safe and road worthy condition. This standard covers the requirements for daily check, fault reporting and recording, fault repair, scheduled maintenance, maintenance records and documentation, maintenance responsibilities, internal review and maintenance training and education. TruckSafe maintenance also complies with NHVAS maintenance standards.

The benefits to operators include:-

• Productivity and efficiency improvements

• Correct maintenance of your vehicles at all times with consequent savings

• Increased vehicle life

• Reduced rejection of your vehicle(s) by your customers because of perceived poor maintenance

• Better driver confidence

• Reduced impact of enforcement

• Better relationship with enforcement agencies

Let me ask you the following questions:

Do you have reliable and verifiable data in regards to vehicle maintenance?

Do you have written procedures to say how you meet those requirements?

Have you provided training to your employees in keeping maintenance records?

Do your employees complete a pre-start trip check each day on the vehicle they drive?

Do you conduct regular checks to ensure your vehicle meet the requirements of the standards?

Remember 24 deaths YTD in the Transport, Postal and Warehousing Industry is a clear reminder we must do more to ensure transport safety, Heavy vehicle safety is about to get much more regulated, do you need to do more? Do you need to introduce a Maintenance Management System?

Contact Kerry Renkema at Modal Logistics and discuss your current systems and procedures and see what can be done to improve your business performance in Maintenance management.