Chain of Responsibility
Encyclopedia
The chain of responsibility is a policy concept used in Australian transport
legislation
to place legal obligations on parties in the transport
supply chain
or across transport
industries generally. The concept was initially developed to apply in the heavy vehicle industry in regulated areas such as speeding, fatigue and mass, loading and dimension. It has since spread to other transport sectors, particularly in Victoria
where it has been applied in laws which apply to the rail, bus, marine and taxi industries.
Chain of responsibility has had an important impact in the transport industry by ensuring that all parties are aware of and understand how their actions affect driver behaviour.
In France
in the 1990s, a shipper who ordered a truck driver to observe an unrealistic schedule was jailed for manslaughter
.
In the United States
a court examined the chain of responsibility and found McDonald's
to be liable for a customer who was scalded when she spilled coffee in her lap. Cups now bear the warning imprimatur Caution. Contents may be hot.
In Israel
the Winograd Commission
into the Second Lebanon War considered the chain of responsibility in looking at Ministerial Accountability: In a case where a minister acts according to an opinion that is based on unreliable information, personal responsibility extends to accountability. Accountability, on the other hand, can turn into personal responsibility when failure at lower levels is the result of a lack of proper supervision on the part of higher echelons. Therefore, the existence of a hierarchy of authority creates a chain of responsibility; and in case of a failure, the responsibility passes from lower echelons to higher ones.
. A major review of policy and legislation in that State, the Transport Legislation Review
, has led to the concept being adapted for use in a number of new statutes including the Rail Safety Act 2006
, the Bus Safety Act 2009
and the Marine Safety Act 2010.
faced the problem of ageing and inadequate transport legislation which failed to reflect modern policy. During his second reading speech for a new rail safety statute in Victoria
, the then Minister for Transport explained that -
As a result the Minister explained that -
The Rail Safety Act
which emerged from that process therefore imposes a chain of responsibility across all key parties in the rail industry in Victoria who can influence safety outcomes. Accountability at law and sanctions and penalties are allocated according the level of responsibility each party has for creating and managing safety risks. Similar approaches were taken by the Transport Legislation Review
in its work which led to new statutes in Victoria in the bus, marine and taxi industries.
in early 2006, Australian Transport Ministers approved a national Model Rail Safety Bill in June 2006 which drew heavily on the Victorian work including its adaption of the chain of responsibility concept. The national Bill proposal has since been adopted by all other States and Territories which have passed Rail Safety Acts reflecting the framework.
Transport
Transport or transportation is the movement of people, cattle, animals and goods from one location to another. Modes of transport include air, rail, road, water, cable, pipeline, and space. The field can be divided into infrastructure, vehicles, and operations...
legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
to place legal obligations on parties in the transport
Transport
Transport or transportation is the movement of people, cattle, animals and goods from one location to another. Modes of transport include air, rail, road, water, cable, pipeline, and space. The field can be divided into infrastructure, vehicles, and operations...
supply chain
Supply chain
A supply chain is a system of organizations, people, technology, activities, information and resources involved in moving a product or service from supplier to customer. Supply chain activities transform natural resources, raw materials and components into a finished product that is delivered to...
or across transport
Transport
Transport or transportation is the movement of people, cattle, animals and goods from one location to another. Modes of transport include air, rail, road, water, cable, pipeline, and space. The field can be divided into infrastructure, vehicles, and operations...
industries generally. The concept was initially developed to apply in the heavy vehicle industry in regulated areas such as speeding, fatigue and mass, loading and dimension. It has since spread to other transport sectors, particularly in Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
where it has been applied in laws which apply to the rail, bus, marine and taxi industries.
Background
The chain of responsibility concept initially developed out of a recognition that unlawful behaviour by truck drivers is influenced and often controlled by the actions of other parties. Concerns arose that transport laws had often focussed on the actions of drivers while failing to sufficiently recognise and regulate the actions of other key parties. Chain of responsibility laws therefore seek to provide that these other parties cannot encourage, create incentives for, demand or allow drivers to undertake unlawful actions.Examples
For example: if a truck driver pulls in to a depot and is over his log book hours, but his boss tells him to 'push on' because they need to make the delivery. That boss can be held liable for the driver driving in breach of his log book hours under the fatigue laws.Chain of responsibility has had an important impact in the transport industry by ensuring that all parties are aware of and understand how their actions affect driver behaviour.
In France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
in the 1990s, a shipper who ordered a truck driver to observe an unrealistic schedule was jailed for manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
a court examined the chain of responsibility and found McDonald's
McDonald's
McDonald's Corporation is the world's largest chain of hamburger fast food restaurants, serving around 64 million customers daily in 119 countries. Headquartered in the United States, the company began in 1940 as a barbecue restaurant operated by the eponymous Richard and Maurice McDonald; in 1948...
to be liable for a customer who was scalded when she spilled coffee in her lap. Cups now bear the warning imprimatur Caution. Contents may be hot.
In Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
the Winograd Commission
Winograd Commission
The Winograd Commission is an Israeli government-appointed commission of inquiry, chaired by retired judge Eliyahu Winograd, which investigated and drew lessons from the Israel-Hezbollah War...
into the Second Lebanon War considered the chain of responsibility in looking at Ministerial Accountability: In a case where a minister acts according to an opinion that is based on unreliable information, personal responsibility extends to accountability. Accountability, on the other hand, can turn into personal responsibility when failure at lower levels is the result of a lack of proper supervision on the part of higher echelons. Therefore, the existence of a hierarchy of authority creates a chain of responsibility; and in case of a failure, the responsibility passes from lower echelons to higher ones.
Transport Legislation Review
In recent years, the chain of responsibility concept has been widely used as a basis for the reform of transport laws in the State of VictoriaVictoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
. A major review of policy and legislation in that State, the Transport Legislation Review
Transport Legislation Review
The Transport Legislation Review was a policy and legislation review project conducted by the Department of Transport in the State of Victoria, Australia between 2004 and 2010....
, has led to the concept being adapted for use in a number of new statutes including the Rail Safety Act 2006
Rail Safety Act
The Rail Safety Act 2006 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State...
, the Bus Safety Act 2009
Bus Safety Act
The Bus Safety Act 2009 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of bus operations across the State....
and the Marine Safety Act 2010.
Rail Safety Act
VictoriaVictoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
faced the problem of ageing and inadequate transport legislation which failed to reflect modern policy. During his second reading speech for a new rail safety statute in Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, the then Minister for Transport explained that -
-
- "It is now recognised that this legislative framework has not kept pace with contemporary developments in safety regulation ... (T) the legislation does not establish a coherent chain of responsibility for the effective management of rail safety risks. For example, unlike other modern safety legislation, the (current) Act does not identify the key parties or individuals who can control risks and does not impose performance-based safety responsibilities."
As a result the Minister explained that -
-
- "... the Bill now before the House and include the establishment of performance-based rail safety duties for rail operators, managers of rail infrastructure, contractors working on rolling stock or rail infrastructure, and rail safety workers including drivers and maintainers of rolling stock and infrastructure to ensure safety so far as reasonably practicable. This effectively imposes rail safety duties and obligations on each person in the rail industry who is in a position to affect safety and clearly identifies the roles and the safety chain of responsibility between them. The duties emphasise the responsibility of each participant to take steps as far as reasonably practicable to identify hazards and manage risks to safety that are within their control. This includes persons whose influence on safety exists 'upstream', such as persons involved in design, manufacture, maintenance, repair and modification of rail infrastructure and rolling stock."
The Rail Safety Act
Rail Safety Act
The Rail Safety Act 2006 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State...
which emerged from that process therefore imposes a chain of responsibility across all key parties in the rail industry in Victoria who can influence safety outcomes. Accountability at law and sanctions and penalties are allocated according the level of responsibility each party has for creating and managing safety risks. Similar approaches were taken by the Transport Legislation Review
Transport Legislation Review
The Transport Legislation Review was a policy and legislation review project conducted by the Department of Transport in the State of Victoria, Australia between 2004 and 2010....
in its work which led to new statutes in Victoria in the bus, marine and taxi industries.
National impact
The Victorian work has had influence beyond that State. Following the enactment of the Victorian Rail Safety ActRail Safety Act
The Rail Safety Act 2006 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State...
in early 2006, Australian Transport Ministers approved a national Model Rail Safety Bill in June 2006 which drew heavily on the Victorian work including its adaption of the chain of responsibility concept. The national Bill proposal has since been adopted by all other States and Territories which have passed Rail Safety Acts reflecting the framework.
See also
- Quintinshill rail crashQuintinshill rail crashThe Quintinshill rail disaster occurred on 22 May 1915 in Scotland near Gretna Green at Quintinshill, an intermediate signal box with sidings on each side on the Caledonian Railway Main Line . The crash involved five trains and killed 226 people...
- Vicarious liabilityVicarious liabilityVicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability...
- Department of Transport, VictoriaDepartment of Transport (Victoria, Australia)The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...
- Transport Legislation ReviewTransport Legislation ReviewThe Transport Legislation Review was a policy and legislation review project conducted by the Department of Transport in the State of Victoria, Australia between 2004 and 2010....
- Rail Safety ActRail Safety ActThe Rail Safety Act 2006 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State...
- Bus Safety ActBus Safety ActThe Bus Safety Act 2009 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of bus operations across the State....
- Transport Integration ActTransport Integration ActThe Transport Integration Act 2010 is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the former Transport Act 1983....
External links
- Essay from the Republic of Letters in re McDonald's case
- The Winograd Commission
- National Transport CommissionNational Transport CommissionThe National Transport Commission is a statutory body created to develop and coordinate national regulatory and operation reform in Australia....
- Department of Transport, Victoria
- DOT, Transport Legislation Review
- Chain of Responsibility