• 03/15 – C&E/CoR Starting to Bite

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    WATM | March 2015
    By Mike Wood (LATUS).


    In my previous article before Christmas, I advised that the regulations would be out by 23rd December and true to word, they are. So what is happening with the regulations so far? The regulation have been written in a way that embraces the C&E Legislation, in that they both need to be read together to enable the total picture to be appreciated. The Regulations and Legislation is not difficult reading but the information they contain does cross backwards and forwards in its application. As such, this makes interpretation tricky. If this is then balanced against providing Reasonable Steps of defence, it is not difficult to spend a lot of time and money and still miss the requirements of C&E. The Regulations and Legislation are still true to their original intent, which is all about Road Safety and has NOT run down the path of heavy truck persecution. Which is great as it means that all commercial road users are considered under the legislation and regulation.

    There are two primary areas where WA C&E needs to be handled carefully:

    1. Light vehicles
    • Utes, Vans, Small trucks etc. under 4.5tonne GVM
    2. Buses
    • WA Legislation includes buses used in a commercial manner including School buses and public transport.

    Therefore, what has happened so far; Police around WA have been trained in the impact of the legislation and have been targeting vans and utes in many areas, with a particular emphasis on load restraint. I have spoken to many small vehicle operators and they have noticed a spike in the interest of policing load restraint on this group. Although Load Restraint has been the initial target, the rest of the legislation is still applicable to this group of vehicles, so it may only be a matter of time.

    So what of the buses? So far, this group has been hiding in the shadows and its low profile has kept it out of focus. However, that will change as the Legislation and Regulations spread the word of road safety. Bear in mind that buses also have all the same issues as freight vehicles and all the issues need to be addressed. Issues such as Mass, Load Restraint & Fatigue fall squarely at the feet of a bus operator…


    To read more, a pdf version of the full article is available for download here.

    This article is from the March 2015 issue of the WA Transport Magazine. The WA Transport Magazine is available directly from the publisher – Angry Chicken Publishing.