Insurance Law

Fatigue management and ‘shared responsibility’ in Australia

Contact: Glenn Biggs, Partner

As many of Carter Newell’s heavy transport and logistics clients are well aware, the Heavy Vehicle National Law seeks to enforce a proactive sharing or ‘Chain of Responsibility’ approach to managing road risks, including fatigue management. Putting aside how one should assess the ‘reasonableness’ of their due diligence in ensuring safe transport, what is paramount is that parties beyond the transport operator (those parties with relevant control or influence) must ensure their contribution to the process is not in breach of applicable laws.

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