Corporate Liability Under the Chain of Responsibility
Under the Heavy Vehicle National Law (HVNL), the Chain of Responsibility extends legal accountability to every party that influences the operations of a heavy vehicle.
The NHVR no longer focusses solely on drivers. They now place a heavy emphasis on targeting businesses and executives whose systems and practices contribute to breaches of law.
This means that directors, schedulers, consignors, loaders and operators can all be held responsible.
Understanding the Primary Duty
At the heart of Chain of Responsibility is the Primary Duty. It is a legal obligation for every party in the chain to ensure, so far as is reasonably practicable, the safety of transport activities.
Failing to uphold this duty can expose a company or its executives to prosecution from the NHVR, regardless of whether an incident occurs. Alleged breaches can arise from:
- Failure to comply with fatigue management scheme.
- Breaches of mass, load and dimension requirements.
- Over dimension travelling over/under bridge.
- Business not put in place measures to prevent risk of fatigue breaches.
- Company fail to remove driver when it was known the driver’s health was not safe for duty.
Example
- In November 2021, a Sydney truck driver collided with a light vehicle driver.
- Tragically resulting in the death of the light vehicle driver.
- The NHVR found that the driver had suffered significant health issues for several years and was not fit for duty.
- In July 2025, the company received a $1.2 million fine for this offence for breach of their primary duty.
Chain of Responsibility cases often fall back upon the effectiveness of a company’s internal systems, as opposed to what happened on the road.
Common NHVR Enforcement Actions
When the NHVR suspects a Chain of Responsibility breach, it can launch extensive investigations into the operations of a company. Enforcement measures include:
- Notices to Produce requesting internal records or driver information.
- Improvement Notices to address systemic failures and deficiencies in a company’s operational processes.
- Prohibition Notices to stop processes that pose an immediate or imminent safety risk to the health or safety of a person.
- Supervisory Intervention Orders are used for repeat offenders and compel the repeat offender to take actions and implement practices that will improve their compliance under the HVNL.
Defending Your Business and Your Reputation
When your company is under investigation by the NHVR, experienced legal defence is key. Heavy vehicle law is highly specialised. Defending a Chain of Responsibility prosecution requires deep knowledge of the legislation, the industry and the NHVR.
At Highway Advocates, our heavy vehicle lawyers have extensive experience defending operators, directors, schedulers and managers in Primary Duty and other Chain of Responsibility cases across Australia. We understand how investigations unfold, and how to intervene early to contain risk.
We assist our clients to:
- Respond effectively to NHVR notices and investigations
- Prepare and defend against Primary Duty charges
- Minimise disruption to business operations
- Protect professional and company reputation
Why Transport Companies Choose Highway Advocates
At Highway Advocates, we are the only Australian law firm that specialises exclusively in Heavy Vehicle Law – and the only law firm founded by a truck driver.
That gives us a unique combination of legal skill and real-world transport experience. We understand the pressures operators face, and we know what’s at stake when the NHVR is investigating you.
We don’t judge operators – we defend them.
Have You Been Charged With an Offence Under the Chain of Responsibility?
Frequently Asked Questions
The Chain of Responsibility is a legal framework under the Heavy Vehicle National Law that makes every party in the transport supply chain responsible for safety. This includes directors, schedulers, consignors, loaders and operators.
Yes. The NHVR often prosecutes both a company and its executives if it believes systemic failures contributed to the breach.
Yes. It is a serious offence to not comply with a Notice to Produce. For more information see here Notice to Produce.
Yes. It is a serious offence to not comply with an Improvement Notice. The maximum penalty is $13,730. If you are unable to comply, you must provide a reasonable excuse for the noncompliance.
Yes. It is a serious offence to not comply with a Prohibition Notice. The maximum penalty is $13,730.
Immediately after receiving any Notice to Produce, Improvement Notice, Infringement Notice, Court Attendance Notice or any other communication from the NHVR. At Highway Advocates, we can step in immediately and take over all dealings with the NHVR on your behalf to minimise your risk.
If you are apart of the Chain of Responsibility and have received an infringement notice or a Court Attendance Notice, call Highway Advocates now on 0488 01 01 01 for expert legal advice.
Act early for the best possible result.