Use this guide to identify the duties relevant to the work. Start with the function and the entity, then examine the individual’s actual role.
The ten chain functions
| Function | Starting point for your review |
|---|---|
| Employer | Employs a heavy vehicle driver. |
| Prime contractor | Engages a self-employed driver under a contract for services. |
| Operator | Directs the control and use of a heavy vehicle. |
| Scheduler | Schedules transport or a driver’s work and rest. |
| Consignor | Arranges for goods to be sent; check the full statutory definition and arrangements. |
| Consignee | Intended recipient of the goods under the statutory definition; check applicable exceptions. |
| Packer | Packs or assembles goods for transport under the statutory definition. |
| Loading manager | Manages, or supervises activities at, premises averaging five or more heavy vehicles loaded or unloaded daily; check the full definition. |
| Loader | Loads a heavy vehicle, including the activities covered by the statutory definition. |
| Unloader | Unloads a heavy vehicle, including the activities covered by the statutory definition. |
These are practical prompts, not replacements for the full definitions in section 5. A person or business can perform several functions. Driving or owning a vehicle alone is not the test for party status.
Keep the duties distinct
| Duty or liability route | What to examine |
|---|---|
| Party’s primary duty — section 26C | Safety of transport activities so far as is reasonably practicable. Shared duties remain with each party. |
| Executive due diligence — section 26D | Reasonable steps to ensure the legal entity complies with its safety duties. The primary duty and other defined safety duties have separate offence provisions. |
| Specified corporate offences — section 636 | For a corporate executive officer, whether the specified offence and knowing authorisation or permission requirements are established. |
| Own transport function | Whether the individual also performs a defined chain function and has a primary duty in that capacity. |
Who is an executive?
For a corporation, the definition includes directors and people concerned in or taking part in management, whatever their title. For an unincorporated partnership it includes a partner; for an unincorporated body, a management member. Budget authority may be relevant evidence, but it is not the statutory definition. Do not assume every supervisor is covered. Section 26D contains an exception for a person acting on a voluntary basis; other duties may still apply.
Primary duty offence categories
- Category 3: failure to comply with the primary duty.
- Category 2: the relevant failure exposes a person or class of people to a risk of death or serious injury or illness.
- Category 1: the specified conduct, without reasonable excuse, exposes a person to that risk, with recklessness as to the risk. It can include imprisonment for an individual.
An injury or crash is not required before serious risk matters. Equally, a bad outcome does not automatically establish every offence element. Technical breach labels such as minor or severe are a different classification. Use current penalty references for monetary amounts.
Apply the reasonably practicable test
- How likely is the risk or damage, and how serious could the harm be?
- What is known or ought reasonably to be known about the risk and ways to control it?
- Which controls are available and suitable?
- What is the cost, including whether it is grossly disproportionate to the likelihood of the risk or damage?
The Queensland text is the national-law reference used for this course. Participating jurisdictions apply the law through their own legislation; local modifications and other road and workplace safety laws also matter. Western Australia and the Northern Territory have their own arrangements.
Reference: Heavy Vehicle National Law — current Queensland text. Check the local application law for the relevant jurisdiction. Reading reviewed 6 October 2026.