Australia’s heavy vehicle regulator is turning up the heat around our major ports, and it’s not just truck operators under the microscope. Recent enforcement activity is a clear reminder that importers, exporters, logistics coordinators and directors all have shared obligations under Chain of Responsibility (CoR).

In this article, we recap what CoR means for your business, highlight the latest enforcement programs around ports, and share practical steps you can take with ICE’s support to reduce your risk.

A quick CoR refresher: who is actually responsible?

Under the Heavy Vehicle National Law (HVNL), CoR extends beyond the truck driver and transport company to include anyone who influences how goods are transported by road. That typically includes:

• Importers and exporters (consignors and consignees)
• Freight forwarders and logistics service providers
• Packers and loaders (where they are in Australia)
• Schedulers and those who set pick-up and delivery times
• Transport company owners, managers and directors

The law is simple in principle. If your decisions or actions influence a heavy vehicle journey, you must take all reasonably practicable steps to ensure that journey is safe and compliant. That covers things like:

• Vehicle roadworthiness
• Load restraint and packing
• Mass and dimension limits
• Driver fatigue and scheduling
• Safe operating procedures and documentation

For imported containers, overseas packers and shippers sit outside the HVNL’s direct reach, but Australian parties in the chain, including importers, logistics providers, stevedores and road transport operators, absolutely do not. That’s why your commercial terms, instructions to suppliers and choice of transport partners really matter.

Operation Quay: ports and container freight in the spotlight

The National Heavy Vehicle Regulator (NHVR) recently ran Operation Quay, a four-week national safety operation targeting heavy vehicles moving in and out of Australia’s busiest ports, including Port Botany, Port of Brisbane, Melbourne, Adelaide and Bell Bay.

Key results from the operation:

• 2,566 heavy vehicles inspected across port precincts
• 905 notices issued for various forms of non-compliance
• Hundreds of defect notices for mechanical issues such as faulty lights, reflectors or brakes, including 43 major defects
• 65 mass breaches, with 18 classified as severe or substantial

The NHVR highlighted that heavy vehicles transporting freight in shipping containers are more likely to be involved in safety incidents than vehicles carrying general freight, due to load instability and rollover risk.

While containers are often intercepted when they’re in the hands of the road transport operator, CoR duties are shared. If a serious defect, overloading or unsafe packing is detected, investigators can and do look up the chain to consignors, logistics coordinators and, where relevant, company officers.

A sobering case study: director prosecuted after fatal collision

Recent enforcement activity also shows how far the NHVR is willing to go when systems fail. In one case, the director of a South Australian concrete manufacturing company was prosecuted following the death of a driver in 2020.

Key points from that matter:

• The driver was killed after losing control and colliding with a tree.
• Investigations found the truck’s brakes were in appalling condition, with five of eight wheel brakes, the exhaust brake, and the service and emergency brakes not functioning.
• A review of the company’s fleet revealed 21 out of 22 heavy vehicles were defective, with 19 having major defects.
• The company had no adequate system to ensure vehicles were properly maintained or repaired.
• The director was personally convicted and fined 42,000 dollars for a Category 2 offence under the HVNL, and the company separately pleaded guilty to a Category 1 offence.

The message for boards, executives and business owners is clear. Failing to implement and enforce effective safety and maintenance systems is not just a compliance risk, it can lead to personal prosecutions when something goes wrong.

Why container supply chains are an easy target

Industry advisors point out an uncomfortable reality: container road transport is an easy enforcement target.

When an imported container is intercepted on the road, the vehicle is in the possession of the container transport operator, making them the most visible party. But they often have the least influence over how the cargo was packed and restrained inside the box.

In practice, control sits further up the chain:

• Importers decide the supplier, approve packing standards and can insist on certain load restraint practices.
• Logistics service providers and freight forwarders can seek detailed consignment information, put clear instructions in place and help verify compliance.
• Stevedores and terminal operators physically lift and place containers onto vehicles.
• Transport operators inherit the container at the gate, often without visibility of how it was packed.

CoR duties apply to all of these Australian-based parties and require them to take reasonable steps within their sphere of control. If a container is found overloaded, unstable or unsafe, the NHVR can consider who in the chain did or did not act to prevent that risk.

What you should be doing now as an importer, exporter or logistics decision-maker

1. Build CoR into your commercial terms

Make safe packing and compliant load restraint a non-negotiable requirement in your purchase orders, supply contracts and booking terms. This includes:

• Clear responsibility for packing and securing cargo inside containers
• Reference to Australian load restraint guidelines and any relevant standards
• Requirements for suppliers to provide accurate weights and cargo descriptions

2. Seek evidence and assurance before containers move

Because you cannot see inside a sealed container at the port gate, you need systems that give you confidence before that box is collected, such as:

• Pre-shipment checklists for overseas packers (packing list and packing declaration)
• Photographic evidence or packing reports for high-risk or odd-shaped cargo
• Signed declarations confirming net and gross weights, centre of gravity issues and any dangerous goods

3. Work with transport providers who take safety seriously

Choose carriers that can demonstrate robust safety management, not just sharp pricing. Good signs include:

• Documented maintenance programs and defect management
• Fatigue management practices and realistic scheduling
• A willingness to push back on unsafe instructions, such as impossible delivery times or obviously overweight loads

4. Empower your people to stop unsafe loads

Your internal teams, including purchasing, warehouse, logistics and sales, need the authority and training to say no when something looks wrong, for example:

• Last-minute requests to overload containers
• Incomplete or contradictory weight or commodity information
• Instructions that would force a driver to breach fatigue rules

A culture where people feel pressured to just make it happen is a red flag under CoR.

5. Keep records that prove your reasonable steps

If the regulator comes knocking after an incident or serious defect, your paper trail is critical. Aim to retain:

• Contracts and standard terms outlining packing and safety obligations
• Emails or system notes where you queried weights, packing or timelines
• Maintenance and inspection records for any vehicles you control
• Corrective actions taken after any near miss, defect or non-compliance

If something goes wrong: act early and fix the system

If you receive an NHVR notice or become aware of a serious safety issue, the worst thing you can do is ignore it.

Investigate the root cause. Was it poor information from a supplier, a gap in your procedures or conflicting KPIs
Implement and document corrective actions. Update procedures, train staff, change KPIs or disengage unsafe suppliers where necessary.
Act before you end up in court. Being able to show proactive, meaningful change can significantly influence how a court views your conduct and the penalties imposed.

You should also seek specialist legal advice where appropriate, particularly if there has been an incident involving serious injury or death.

How ICE can help you manage CoR risk

As your freight forwarding partner, ICE sits in the chain with you, and we take that responsibility seriously. We can support you by:

• Reviewing your Incoterms and shipping arrangements to reduce unnecessary exposure in your supply chain
• Helping you develop packing and load restraint expectations for overseas suppliers, including practical checklists
• Working with our recommended and trusted transport providers who run robust safety and maintenance systems
• Flagging potential CoR risks when we see them, such as unrealistic delivery windows, suspect weights or inconsistent documentation

We are here to help!

Port-focused operations like Operation Quay and the NHVR’s continuing enforcement work are a clear signal that containerised freight around Australia’s ports is under sustained scrutiny, and CoR obligations are being actively enforced. We are here to support safe, efficient cargo movement and help you meet your Chain of Responsibility obligations at every stage of the supply chain.