Chain of Responsibility Explained
Who is in the chain, what a primary duty actually requires, and how Australian owner-drivers can document their way out of liability for someone else's impossible schedule.
The short version
- Everyone who influences the transport task shares a primary duty of safety.
- You cannot contract out of your duty, and "I was just following the schedule" is not a defence.
- Owner-drivers usually hold several roles in the chain at once.
Who is in the chain
- Consignor and consignee
- Packer and loader or unloader
- Operator and scheduler
- Prime contractor
- Driver
Each party must eliminate or minimise public risk so far as is reasonably practicable. The duty is shared, not transferred — a customer cannot push liability onto you with a clause in a contract.
Impossible schedules are a breach by the scheduler
What owner-drivers should document
Your CoR evidence file
- The original load offer with rate, pickup and delivery windows.
- Any message asking you to hurry, push through or exceed limits.
- Actual arrival, loading and departure times — especially delays at the dock.
- Weighbridge dockets and consignor mass declarations.
- Your pre-start inspection and any defect you reported.
Charge for waiting time
Official source
Frequently asked questions
Does Chain of Responsibility apply to owner-drivers?
Yes. An owner-driver is typically the driver, the operator and often the loader, which means several primary duties apply at once.
Can a customer make me responsible for their loading?
No. Duties under Chain of Responsibility cannot be contracted away. Both you and the loader can be liable for the same breach.
Always refer to the NHVR for official legal requirements.