Chain of Responsibility. Linfox and the Union will use their best lawful endeavours and co-operate to ensure that subcontractors and labour hire agencies, as well as their respective transport workers, receive their due entitlements and abide by their obligations at law, including (but not limited to) entitlements and obligations under awards, contract determinations, and legislation relating to road transport regulation and occupational health and safety. In addition, Linfox will implement appropriate contract and invoicing arrangements, having regard to the intent of section 127 of the Industrial Relations Act (NSW). Where relevant, the parties will negotiate on rates payable to captive lorry owner-drivers. Neither party to this agreement will tolerate operators who persistently breach the above-referred chain of responsibility obligations, and will keep each other advised with a view to appropriate action being taken to remedy the situation.
Chain of Responsibility. (a) In this clause:
(i) Chain of Responsibility means legislation that extends liability for Road Law offences to all parties whose actions, inactions or demands influence conduct on the road particularly in relation to speed, fatigue, vehicle standards, vehicle roadworthiness, load restraint, and mass and dimension.
Chain of Responsibility. The Warehouse hereby confirms and agrees:
22.1 it is aware of and is bound by the Heavy Vehicle National Law (HVNL) including without limitation those parts of the HVNL commonly referred to as the Chain of Responsibility;
22.2 it has policies and procedures in place to ensure that it is compliant with the HVNL and will produce evidence of and copies of those policies and procedures on request;
22.3 it will indemnify the Xxxxxx in respect of any liability incurred by the Xxxxxx arising solely from the Warehouser’s failure to comply with its obligations under the HVNL; and
22.4 to the extent that any obligation of the Xxxxxx under this agreement conflicts (in the reasonable opinion of the Xxxxxx) with its obligations under the HVNL, the obligations under the HVNL prevail.
Chain of Responsibility. The Supplier must comply with, and ensure that its Representatives:
(a) comply with all legislative requirements relating to the Chain of Responsibility Law, to the extent applicable;
(b) cooperate with Penske and any other duty holders under Chain of Responsibility Law for compliance purposes; and
(c) comply with Penske’s Chain of Responsibility procedures made known to the Supplier and which may be amended from time to time with notice to the Supplier. To the extent applicable, the Supplier agrees to strictly observe and adhere to all requirements of the Chain of Responsibility Law including but not limited to in respect of vehicle speed, driver fatigue, mass, dimension and loading and vehicle maintenance, and will provide information and copies of all relevant records to Penske as required, including where such information or records are required for Penske to meet its obligations under the Chain of Responsibility Law, or where one of Penske’s customers has requested the information or records. Where Penske requests any system or control to be put in place by the Supplier (including any amendment to an existing Supplier safety system or control) and that amendment is necessary to comply with obligations under the Chain of Responsibility Law, the Supplier will immediately put in place (or amend) such safety system or control, without any entitlement to claim against Penske. The Supplier consents to Penske, with no less than 3 days’ notice, undertaking an audit of the Supplier’s safety systems and controls for the purpose of determining whether the Supplier is complying with the Chain of Responsibility Law. The Supplier will produce any documentation or comply with any other reasonable request made by Penske as part of any such audit. Where the Supplier is collecting, handling, loading, unloading or delivering Goods, the Supplier is responsible for:
(a) safely loading, unloading and securing the Goods;
(b) ensuring that any vehicle used to collect or deliver the Goods is roadworthy, properly maintained, not overloaded and does not exceed legislative requirements for mass or dimension;
(c) ensuring that it and any drivers employed or engaged by it or by its contractors hold any necessary permits and licences in relation to the transport of the Goods; and
(d) ensuring that all drivers employed or engaged by it or by its contractors adhere to any legislative requirements in relation to speed and fatigue management clause.
Chain of Responsibility. 13.1 All drivers engaged by, and FOODBOSS TRANSPORT are or may be bound by Chain of Responsibility statutory obligations. While FOODBOSS TRANSPORT will endeavour to meet required time slots or delivery objectives FOODBOSS TRANSPORT supports in full driver fatigue initiatives and FOODBOSS TRANSPORT will not be liable for any missed delivery or Transport slots due to unforeseen fatigue issues or in complying with any Chain of Responsibility obligations.
13.2 The Customer will comply with any and all Chain of Responsibility obligations it may be subject to or will provide to FOODBOSS TRANSPORT any and all information, document and evidence of compliance with Chain of Responsibility at the request of FOODBOSS TRANSPORT within 14 days of such request.
Chain of Responsibility. (a) The Contractor will ensure that it, and each member of the Contractor’s Personnel, complies with all laws relating to compliance with and management of Chain of Responsibility.
(b) The Contractor will ensure that the Contractor, and each member of the Contractor’s Personnel, maintains proper, complete and accurate records, documents and systems in relation to compliance with and management of Chain of Responsibility obligations.
(c) The Contractor will ensure that the Contractor, and each member of the Contractor’s Personnel, will on request by Principal provide honest and accurate information and/or answers sought by or on behalf of Principal in relation to Chain of Responsibility.
(d) The Contractor will ensure that the Contractor, and each member of the Contractor’s Personnel, will on request by Principal provide evidence of adequate compliance with and management of Chain of Responsibility obligations.
Chain of Responsibility. (i) The Company will keep records containing details of the work it has contracted out including the name and address of the employer, person or entity to whom the work has been contracted, the date the work was contracted and a description of the work to be performed.
(ii) Copies of the records to be kept by the Company are to be given to the person actually performing the work.
(iii) Work must only be contracted out in accordance with the terms and conditions of this Agreement and applicable legislation eg. Driving hours.
(iv) Subject to compliance with Privacy Xxx 0000 and other statutory requirements, Company records referred to (i) above shall be available for inspection by a person duly authorised as if it was a record permitted to be inspected and copied under Part 7 of chapter 5 of the Industrial Relations Xxx 0000 (NSW). The Toll Express documents, including the Save Driving Plan appended to this Agreement (see appendix 1) are an indicative example of the procedure to be in place. The provisions of the letter exchanged between the Company and the Union dated 22/01/02 (see Appendix 2) are to be read in conjunction with this Clause.
Chain of Responsibility. The Customer will ensure that:
(a) the Customer, and each member of the Customer’s Personnel, comply with all laws and Good Operating Practices relating to compliance with, and management of, Chain of Responsibility.
(b) the Customer, and each member of the Customer’s Personnel, will not directly or indirectly by any act or omission engage in any business practice, establish any schedule or make any requirement or direction that causes or has the effect of causing any actual or potential contravention of any laws or other requirements relating to Chain of Responsibility.
(c) the Customer, and each member of the Customer’s Personnel, maintain proper, complete and accurate records, documents and systems in relation to compliance with and management of Chain of Responsibility obligations including but not limited to:
(i) a fatigue management plan;
(ii) driver schedules;
(iii) the work and rest hours of each driver engaged in delivering or collecting the Goods including, but not limited to, whether a driver is operating under ordinary hours, basic fatigue management hours, advanced fatigue management hours or the hours specified in any work and rest hours exemption;
(iv) hard copies and/or electronic copies of driver log books;
(v) any data loggers and/or any other electronic devices used to record, monitor and manage driver fatigue and/or speed; and
(vi) any other documents, electronic data or records required to be maintained and retained in relation to driver hours and driver fatigue which may be relevant to assessing driver fatigue.
(d) the Customer and each member of the Customer’s Personnel will provide to Americold or any Americold Personnel on request copies of all information and documents and access to all electronic data, records or systems in relation to compliance with and management of Chain of Responsibility obligations.
Chain of Responsibility. The employer when contracting out work to a sub-contractor shall keep records containing details of the work it has contracted out including the name and address of the employer, person or entity to whom the work has been contracted, the date the work was contracted and a description of the work performed. Any work contracted out by the employer shall have a Safe Driving Plan relating to any work that is of long distance work.
Chain of Responsibility. (i) The company will keep records containing details of the work it has contracted out including the name and address of the employer, person or entity to whom the work has been contracted, the date the work was contracted and a description of the work to be performed.
(ii) Copies of the records to be kept by the company are to be given to the person actually performing the work.
(iii) Work must only be contracted out in accordance with clause 21 & 23 of this Agreement.
(iv) Subject to compliance with Privacy Xxx 0000 and other statutory requirements, records referred to (i) above shall be available for inspection by a person duly authorized as if it was a record permitted to be inspected and copied under Part 7 of chapter 5 of the Industrial Relations Xxx 0000 (NSW).
