CoR practical guide — Contracts and shared transport risks
Use contracts to organise safe work between parties. Each party retains its statutory duties, even when tasks are allocated to somebody else.
Check the practical arrangements
- Are delivery windows achievable with loading, queues, foreseeable delays and required rest?
- What reliable information about the goods, weights, vehicle and site must be shared?
- Who can revise the plan when the task cannot proceed safely?
- Do delay charges, incentives or instructions create pressure to speed or drive while fatigued or unfit?
- Who is the contact on each shift, and how are serious issues escalated?
- What monitoring and incident arrangements apply, and how are changes communicated?
What a contract cannot do
Section 742 makes a contract void to the extent it purports to exclude, limit or modify the operation of the law or transfer a duty. This is not a rule that the entire agreement automatically disappears. Section 26E also addresses specified prohibited requests and contracts; knowledge, or what ought reasonably to be known, and the specified effect matter. The primary duty must also be considered.
A useful conversation with a carrier
“Our receiving slot is causing a queue and drivers are reporting fatigue concerns. What needs to change so the task can be completed safely? Who will adjust the bookings today, what information will we share, and when will we check the effect?”
Keep the record
Record the risk discussed, agreed controls, owners and escalation contacts. Check both your own decisions and the other party’s performance. A carrier’s certificate does not resolve a risk created by your own unsafe delivery promise.
Reference: Heavy Vehicle National Law — current Queensland text. Check the local application law for the relevant jurisdiction. Reading reviewed 6 October 2026.