If you’re part of an organisation or an individual with any control over the grain transportation chain then you are responsible and that translates into being legally liable where Chain of Responsibility legislation is concerned.

 

Bulk commodities measuring equipment company Bulknet’s national business development manager, Nik Maljkovic, says that all too often he sees operators confused, frustrated and unsure of what they can do to protect themselves. Many have concerns about the costs involved in achieving legal load compliance but rarely see the long-term financial benefits that can result from implementing responsible mass management practices.

 

“In my opinion, far too many operators remain ignorant about CoR. They decide to take the risk and simply rely on the hope that they don’t get caught. This attitude is dangerous considering the safety risks to all road users and the penalties for breaches that can cripple an entire organisation,” he said.

 

“A ‘substantial’ breach is viewed by road authorities as exceeding the permissible gross vehicle mass (GVM) by only 5%, while a ‘severe’ breach is classed when the permissible GVM and/or axle group mass is exceeded by 20% or more. You would be shocked to learn how many companies we work with are regularly overloading by 25% and just don’t realise it,” he adds.

 

“Grain haulage overloads are particularly rife and it is often not until you get into the grain receiving station that you are aware of your breach. Road authorities are getting tougher on offenders and as the likelihood of being pulled over and having your weight checked increases, ignorance is not going to save you from receiving an infringement notice if you are in fact overloaded.”

 

When it comes to grain haulers, most of the loading is done beside a chaser bin on a farm with no weighbridge in sight. Nik says it is not uncommon to hear stories of haulers who have to resort to jumping in and out of the cab to check air pressure gauges to calculate the approximate load weight. Yet air pressure gauges are not always fitted in convenient locations, so if you happen to be relying on them to check your weights you’re doing things the hard way and taking a big risk.

 

Not only an OH&S issue, this archaic method of determining approximate load weight information is not the most practical as while the auger is working filling up the truck, the driver often isn’t fast enough to signal the farmer to cease loading before going over the weight limit.

 

Bulknet says more and more grain receiver depots will not allow an overloaded vehicle onto their property, as this would make them liable in the Chain of Responsibility. Subsequently, it means the truck must leave the area and tip off excess grain at the expense of the farmer. Or it is possible that the weighbridge operator may accept the load but illegally document it to be less than the actual so in this case both the truck operator and farmer are left out of pocket.

 

“Either way, if a zero tolerance policy is enacted, the grain hauler typically leaves the site to tip off the excess grain and return to the queue again to have the load received. This is a waste of time and the driver has now transported this extra freight, which he is not going to be paid for,” says Nik.

 

And what if that overloaded truck is detected by road traffic authorities before it makes it to its destination? Nik says this is a bad situation for not only the driver but also anyone who had anything to do with the loading or operation of the offending vehicle. This includes the grain farmer, loading personnel, company directors of the haulage business, weighbridge operators and even the receivers can potentially be subjected to prosecution or fines related to the breach.

 

According to the Australian Trucking Association, two recent landmark court cases in New South Wales found companies responsible for severe breaches in the overloading of trucks. Bartter Enterprises, better known as Steggles, was convicted of inducing or rewarding breaches of road transport law after it negligently accepted substantially and severely overloaded trucks on 31 occasions. The company was fined more than $50,000 in fines and costs.  It was the first successful prosecution under the Chain of Responsibility laws of a company consigning goods.

 

In a separate case, a company director, from the now defunct Victorian business Bullin Pty Ltd, has been banned from moving freight on any NSW road. It is the first time any NSW court has issued a Prohibition Order under road transport law.

 

The court found the director was a “systematic or persistent offender,” and banned him from engaging in any business that involves moving a heavy vehicle to, through or from a NSW road. He was also ordered to pay more than $160,000 in fines and costs personally in relation to his former company’s offences.

 

These operators did nothing to protect themselves from the CoR and some paid the ultimate price.

 

“I think a lot of fleet operators feel alone,” adds Nik. “Many are unsure about some parts of the legislation concerning exemptions and how they can protect themselves from the chain. They believe they are not receiving enough consultation through road authorities on what constitutes taking “reasonable steps” (actions that can exempt them from the chain) but when you look at it objectively the only thing that the RTA can do is lay down the law. They are not legal professionals and therefore cannot provide legal advice. It’s up to individual business owners and transport operators to understand the laws and to educate themselves on what tools such as consultants and load sensing devices are available in the market place that can be used to assist them with compliance.

 

“The bottom line is, every truck should have some kind of accurate mass measuring tool fitted so the operator knows the weight of their vehicle. Just like a speedometer displays speed so we don’t have to guess, a load-measuring device delivers equally important information. Transport operators who choose not to fit such devices (truck scales to be specific) will never be able to run their business efficiently,” says Nik.