This regulatory advice provides guidance to businesses and individuals that use or engage the use of heavy vehicles to transport livestock by road, on how to meet the primary duty under the Heavy Vehicle National Law (HVNL) section 26C.

Who is this advice for?

• Parties in the Chain of Responsibility (CoR parties) for heavy vehicles that move livestock by road.

What is Livestock?

The HVNL does not define livestock. The Australian Animal Welfare Standards and Guidelines for the Land Transport of Livestock defines livestock as:

• A group of animals of a class of cattle, sheep, goats, pigs, horses, poultry, emus, ostrich, alpaca, deer, camel or buffalo.

Background

The red meat and livestock industry is one of Australia’s most valuable industries and contributes significantly to the Australian economy employing approximately 433,000 people.

In contrast to other transport sectors, the livestock industry is not always as formal, with many agreements for transporting livestock taking place on an ad-hoc basis. Often, these arrangements are underpinned by well-established working relationships. The livestock industry can be dynamic, with scheduling and driver rosters often determined by bookings at short notice and deadlines for sale days and abattoir schedules. It is a unique and diverse operating environment where parties are performing multiple functions in challenging and sometimes difficult circumstances.

Additional requirements such as cleaning stock crates of effluent for biosecurity, animal welfare, and road safety can put further pressure on drivers, with queueing for wash bays causing excessive delays that impact driver fatigue and management of their work and rest. The correct preparation, safe transport, loading, unloading and management of livestock during transport requires collaboration between multiple parties – each providing services or workers with particular skills. The livestock industry is complex and has a number of parties, such as stock agents, facility owners or managers, and primary producers whose functions are captured by the HVNL. In some cases these parties and their responsibilities are unique to livestock transport, and they may not be aware their actions (or inactions) impact the safety of heavy vehicles on the road. Each one of these parties can influence the safety of livestock transport, so collaboration and co-operation is essential to improving safety. CoR parties breach their primary duty by failing to do everything reasonably practicable to ensure livestock transport safety.

What are my legal obligations under the HVNL?

This is an obligation to eliminate or minimise public risks, and a prohibition against directly or indirectly causing or encouraging a driver or another person, including a party in the CoR, to contravene the HVNL. CoR parties and their executives, should be aware that they remain a CoR party even when their transport activities are contracted, or subcontracted, to another party.

What are the legal consequences?

If your business is a party in the CoR and it fails to eliminate or minimise public risks so far as is reasonably practicable, then it may be in breach of its primary duty. If a breach is proven, the law provides sanctions against a company and its executives, ranging from education and improvement notices to prosecution.

It is important to understand that the primary duty is based on a positive duty to ensure safety. This means that a CoR party can be prosecuted for a primary duty breach if that party does not take proactive steps to perform its duty, even if no incident or crash occurs.

Chain of Responsibility functions

Examples of functions undertaken in the transport of livestock which make businesses and/or individuals CoR parties include:

• operating a heavy vehicle to transport livestock
• employing a heavy vehicle driver
• engaging a heavy vehicle to transport livestock
• loading and unloading livestock
• sending and receiving livestock
• scheduling heavy vehicles for the transport of livestock
• managing facilities, scheduling arrivals and departures, receiving, loading, or unloading livestock on farm, at saleyards, lairages, abattoirs, feedlots and at other relevant locations.

Why is this important to my business?

CoR parties have a primary duty to ensure safety of their transport activities in relation to heavy vehicles. This includes ensuring livestock are prepared, loaded, transported, and unloaded without risking the safety of heavy vehicle drivers and other road users, other workers, the public, the environment, causing damage to the road or other infrastructure, or risking injury or death of livestock.

A holistic and collaborative approach will: 

• improve safety for heavy vehicle drivers and other road users
• reduce the risk of damage to a business’s fleet
• reduce stress and maintain welfare of livestock
• minimise the potential injury or loss of livestock during transport.

What are the hazards and risks?

Improper management of the consignment, preparation, loading, unloading, and transport of livestock can result in hazards including:

• Driver fatigue - caused by inadequate rest due to inappropriate scheduling/unrealistic deadlines for livestock transport, transporting stock overnight, delays at facilities, queuing for loading ramps, effluent dump points and truck washing facilities, delays loading and unloading stock.
• Injuries to drivers and other workers and additional stress to animals – caused by non-compliant loading ramps and inadequate yards and/or forcing yards.
• Vehicle stability and vehicle rollover - caused by excessive movement of stock during transport due to poor livestock preparation and loading.
• Effluent spillage from vehicles - caused by livestock not properly prepared prior to transport.
• Heavy vehicles operating over mass limits - caused by overloading of livestock resulting in damage to road infrastructure, injury and death of animals and damage to the stock crate.
• Driver stress/road safety - caused by unsuitable loading and unloading locations, pressure to overload, and facilities not having sufficient space to manoeuvre or turn around.
• Vehicle unsuitable for the transport task - caused by inaccurate stock numbers/liveweights.
• Speeding - caused by improperly planned trips and unrealistic deadlines for livestock transport.

The potential risks resulting from the hazards include:

• the risk of serious injury or death to workers and other road users
• the risk of damage to infrastructure
• the risk of damage or harm to the environment
• the risk of injury or death to livestock
• financial risks because of disruption to business operations and injury or loss of livestock
• the risk of legal prosecution.

How can my business manage these hazards and risks?

One of the most effective ways for CoR parties in the heavy vehicle supply chain to manage the safety of their transport activities is to adopt and actively use a risk management system, commonly known as a Safety Management System (SMS) as part of their everyday business.

An SMS is a systematic approach to managing safety which, once implemented, will help CoR parties identify how to ensure the safety of their transport activities, so far as is reasonably practicable.

As part of the risk management process, CoR parties should:

• identify hazards associated with their transport activities
• assess the risks associated with those hazards
• identify and implement control measures to eliminate or minimise those risks
• review the effectiveness of control measures, periodically and/or post any incident, to ensure they remain effective.

Controls for CoR parties to help ensure safety when transporting livestock

Transport operators

Transport operators carry livestock between farms, saleyards, feedlots, and abattoirs. The livestock transport sector includes transport operators of various scale from single truck and stock crate owner operators to specialist livestock transport businesses with large fleets operating across multiple states and territories. Drivers in the livestock industry are generally experienced with animal handling and educated in animal welfare requirements. In addition to driving, they load and unload livestock.

Transport operators can manage the safety of their transport activities by:

• Providing robust training to drivers to ensure loading and unloading of livestock is done safely and efficiently with the least amount of stress caused to the animal.
• Ensuring policies, procedures and training inform drivers and other workers about how to address safety risks associated with transporting, loading, and unloading livestock.
• Clearly describing expectations for the management of safety risks and animal handling in agreements with third parties such as stock agents and primary producers (other CoR parties).
• Ensuring heavy vehicles are maintained through scheduled servicing that considers accelerated wear caused by the harsh operating environment and any ad hoc repairs are carried out in a timely manner.
• Ensuring the appropriate heavy vehicle is selected for the type, weight, and number of livestock and drivers are informed of mass limits and any relevant loading schemes. 
• Ensuring the heavy vehicle type complies with access requirements for the route.
• Empowering drivers to report concerns about anything that may pose a safety risk or is not to the agreed standard. For example, if a driver believes livestock have not been properly prepared or are otherwise unfit to transport for their intended journey.
• Including agreement terms highlighting measures that will be taken for stock that have not been prepared for transport. For example, additional cleaning fees or drivers refusing to load and transport stock.
• Refusing timeslot bookings that require or encourage drivers to speed, skip or reduce the duration of rest breaks or operate a heavy vehicle whilst fatigued.
• Implementing scheduling and rosters that consider fatigue risk.
• Having effective systems in place to monitor driver fatigue and work and rest.
• Ensuring drivers/loaders adhere to livestock loading density and mass limits to maximise vehicle safety, stability and the comfort and welfare of livestock.

Stock agents

Stock agents buy and sell livestock on behalf of third parties, particularly primary producers.

Stock agents, both the agency and the individual agents, are CoR parties when they arrange for transport of livestock to and from a sale (consigning) and assist with departures and arrivals of livestock at sales (receiving/loading/unloading).

Common safety issues caused by stock agents failing to consider the way their actions and inactions impact heavy vehicle transport safety include:

• Drivers pressured or encouraged to speed, skip or minimise rest breaks, or drive whilst fatigued to meet deadlines because stock agents have failed to provide sufficient notice for the booking.
• Drivers pressured or intimidated to accept loads that are non-compliant with HVNL mass limits or volumetric loading schemes because stock agents have provided inaccurate information about the mass and number of livestock to be transported.
• Drivers having to manoeuvre heavy vehicles into operational facilities that are not suitable for the heavy vehicles or to load or unload livestock using inadequate equipment such as unsafe ramps, yards and/or forcing yards.
• Inaccurate or incorrect information provided to the driver regarding the approved access of the roads they are required to travel on to reach the loading or unloading site.

Stock agents can manage the safety of their transport activities by:

• Engaging with reputable transport operators who maintain consistently high levels of safety and have a demonstrated good safety culture. For example, transport operators who are accredited under NHVAS. A list of preferred transport operators should be compiled by the business and provided to agents booking transport. 
• Providing accurate information to transport operators on the liveweights and number of livestock to ensure transport operators can send the appropriate heavy vehicle.
• Providing accurate and detailed information on loading and unloading locations and facilities.
• Providing adequate notice to transport operators for bookings.
• Ensuring bookings are made in consultation with primary producers to allow time to prepare the animals appropriately for transport.
• Considering driver work and rest hours when booking timeslots and ensuring suitable time is provided for the journey to be completed so drivers are not pressured to speed, skip or minimise rest breaks or operate a heavy vehicle whilst fatigued.

Facility owners/managers

Both facilities and facility owners and managers are CoR parties when the facility is scheduling arrivals and departures, receiving, loading, or unloading livestock on premises. Facility owners/managers control and influence the configuration and practices of premises where heavy vehicles load and unload livestock. Facilities may include saleyards, feedlots, abattoirs, and farms.

Common safety issues at facilities include:

• Facilities, particularly saleyards, abattoirs, and feedlots, having strict curfews or deficient arrival and departure procedures resulting in drivers queuing for excessive periods impacting fatigue and work and rest hours.
• Abattoirs failing to manage their schedules preventing drivers from unloading because pens are full on arrival resulting in excessive delays.
• Facilities not having enough ramps to cater for the volume of livestock – and/or the loading ramps not being safe, well-maintained, or appropriate. For example, saleyards having several ramps but only 1 or 2 that are Australian Standard compliant or allow unloading for multi-deck and/or multi-trailer heavy vehicle combinations.

Facility owners/managers can manage the safety of their transport activities by:

• Installing sufficient loading/unloading ramps to manage the anticipated volume of heavy vehicles loading or unloading livestock in a timely manner.
• Ensuring loading/unloading ramps meet Australian Standard compliant.
• Maintaining equipment that impacts how livestock are loaded including yards, ramps and forcing yards.
• Ensuring adequate staff are on-site to muster stock and assist with loading, unloading and receiving livestock.
• Ensuring that scheduling of heavy vehicles transporting livestock considers:
  • driver fatigue and work and rest hours
  • the safety of drivers, loaders, unloaders, and other workers
  • welfare of livestock and effluent management
  • capacity and capability of the facility.
• Providing flexibility for timeslots rather than strict deadlines that could encourage drivers to speed, skip or minimise rest breaks, or drive whilst fatigued.
• Ensuring policies and procedures include contingencies when issues or delays arise, and contingencies are communicated to all relevant parties as needed.
• Monitoring heavy vehicle time on site to understand the possible impact on driver fatigue including time to load and unload, accessing wash bays and dump points and using that information to find opportunities to make improvements through updated processes, equipment, and implementing traffic management to minimise delays.
• Ensuring there is sufficient lighting if loading or unloading occurs between sunset and sunrise or during low visibility such as heavy rain or fog.
• Providing truck washing facilities. More information on effluent management can be found in the Managing Effluent in the Livestock Supply Chain RICP (PDF, 4MB).
• Providing enough truck wash bays to cater for the number of trucks that are expected to require this service so that drivers are not subjected to unreasonable delays.
• Ensuring any effluent disposal facilities and truck washing facilities are operational, available, and properly maintained.
• Providing drivers access to rest areas and facilities and not disturbing resting drivers unnecessarily.

Primary producers

Primary producers are parties in the CoR when they use a heavy vehicle or engage a heavy vehicle transport operator to transport livestock to and from their farm (consigning), or load or unload livestock on or from a heavy vehicle.

Primary producers also have control over the configuration and maintenance of facilities on their property and are responsible for doing everything reasonably practicable to ensure livestock are fit for transport and are appropriately prepared and do not produce excess effluent during transport.

Primary producers impact heavy vehicle safety by:

• Failing to properly prepare livestock which significantly impacts the way stock travel on heavy vehicles.
• Providing inaccurate information on liveweights and number of livestock.
• Pressuring or encouraging drivers to carry loads that exceed HVNL mass limits or are non-compliant with volumetric loading schemes.
• Pressuring or encouraging drivers to load and transport livestock which has not been properly prepared, or which is not otherwise fit for transport.
• Failing to provide sufficient notice to the transport operator to allow for safe scheduling that considers the driver fatigue and work and rest hours. 
• Providing misleading information about the safe and legal access for heavy vehicles onto the property.
• Not maintaining operational facilities and equipment such as loading and unloading ramps or having inadequate lighting.

Primary producers can manage the safety of transport activities by:

• Ensuring animals are fit for transport and prepared in accordance with recommended preparation practices for the class of livestock.
• Ensuring loading/unloading ramps are Australian Standard compliant.
• Providing accurate information on the liveweights and number of livestock to ensure transport operators can send the appropriate heavy vehicle.
• Provide information about the facility, loading and unloading area, and operational conditions.
• Ensuring roads, powerlines and gates don’t impede heavy vehicle entry, vehicles can easily and safely access loading and unloading areas, and vehicles have ample room to safely turn around.
• Maintaining operational facilities and equipment.

Transport activities that impact safety when transporting livestock

Mustering/ yarding livestock

Mustering is the activity of rounding up and yarding livestock prior to transport. If mustering is done poorly and just prior to transport, livestock can become stressed. Stressed livestock are more dangerous and difficult to load and can be more agitated during transport causing excessive and unnecessary movement. This can also result in more effluent being expelled during transport creating a risk of slipping for animals and spillage onto the road.

Stressed animals often require more frequent driver intervention during transport adding to the journey time and fatigue risk and additional time to wash out the stock crate once livestock have been unloaded.

Workers undertaking mustering should be provided robust animal handling training to ensure they are skilled in mustering, yarding, and loading practices that cause the least amount of stress on livestock. Drivers should also be informed of any circumstances or conditions that may affect the livestock during transport.

Preparation of animals for transport

Preparation of livestock includes removing animals from accessing some types of feed and water to reduce the volume of effluent being produced during transport. It is extremely important that animals are properly prepared ahead of transport to minimise effluent loss onto the road which is both a safety and biosecurity hazard.

Excessive effluent during transport can also increase the likelihood of livestock falling and being injured or in some situations killed. It also requires the driver to make unscheduled stops to attempt to stand the fallen livestock. The additional stops increase the journey time and can negatively impact on the driver’s fatigue and wellbeing and may put pressure on the driver to speed or minimise their rest to maintain their schedule.

When livestock is not properly prepared for transport loading and unloading is more stressful, more dangerous, and more time consuming, and cleaning stock crates after unloading takes longer. All these things are cumulative and can cause delays which have an impact on driver fatigue and work and rest hours.

Effluent management

Effluent management is a transport activity. A comprehensive guide for managing effluent can be found in the Managing Effluent in the Livestock Supply Chain RICP (PDF, 4MB). The Code is a practical guide that assists livestock transport operators, livestock producers and other parties in the CoR to comply with their primary duty and other obligations under the HVNL relevant to managing livestock effluent during road transport.

Resources

Safety Management System (SMS)

Management of safety risks can be more effective with the adoption, development and active use of a Safety Management System (SMS).

An SMS is a systematic approach to managing safety, including the necessary organisational structures, accountabilities, policies and procedures, which is integrated throughout the business wherever possible.

An SMS can help you:

• provide a safer work environment for your employees, customers, contractors and the public
• manage your safety duties under the HVNL
• demonstrate your ability to manage risk and ensure safety
• become an employer of choice and preferred supplier to customers
• make informed decisions and increase efficiency
• allocate resources to the most critical areas that have an impact on safety
• reduce costs associated with incidents and accidents.

Regardless of the size of a business, an effective SMS can help your business have an appropriate safety focus and comply with its duty to ensure the safety of its transport activities, so far as is reasonably practicable.

Targeted guidance, tools and information regarding the development and implementation of an SMS is available in the 9 Step SMS Roadmap.

Understand the HVNL and your primary duty

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