Neville Taylor - Victoria Police - CoR and Safe Rates Laws – Examining the critical elements in...

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Victoria Police

Everybody hurts!!

Informa

Chain of Responsibility

Superintendent Neville Taylor

Road Policing Operations & Investigation Division

Victoria Police

December 2013

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Vision for Australia's Transport Future

Australia requires a safe, secure, efficient,

reliable and integrated national transport

system that supports and enhances our

nation’s economic development and social

and environmental well-being

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Chain of Responsibility

• Any party with a degree of control in road

transport is accountable

• Focus on CoR in Victoria Police’s Road Policing

Strategy 2013 – 2018

• Establishment of Transport & Investigations

Section

• One Inspector now responsible for Heavy

Vehicle Unit (HVU) and Major Collision

Investigation Group (MCIG)

• Increased HVU staff to conduct CoR

investigations.

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Superintendent Neville Taylor – Divisional Commander

(Transport Industry Liaison Officer)

Road Policing CommandAssistant Commissioner Bob Hill

InspectorState Highway Patrol

Major Collision Investigation Group

- Investigations Unit Glen Waverley - Investigations Unit Brunswick - Reconstruction Unit - Mechanics Unit

Solo Unit

Garages X 5

Central Moorabbin North Epping South Dandenong East Boronia West Corio

InspectorDrug & Alcohol Section

Operations

Support Services

Training & Research

Technical Services

Operations Planning & Coordination Unit

Personal Assistant

Heavy Vehicle Unit

- Enforcement Unit - Administration, Planning & Training Unit - COR Investigations Unit

6 June 2013

Road Policing, Operations & Investigation Divison

InspectorTransport & Investigations Section

Road Policing Operations Intelligence Unit

InspectorImpaired Driving Programs

Advisor

Project ManagerNational Heavy Vehicle Regulator

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Legislation

Victoria Police has high-level involvement in

CoR legislative review and development:

– Heavy Vehicle National Law - National Heavy

Vehicle Regulator

– Compliance & Enforcement Procedures

– National Transport Commission - Chain of

Responsibility Taskforce

– Electronic Work Diary project

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Heavy Vehicle Trauma

In Victoria to end of October 2013:

• HV involved in 630 trauma collisions

• Of these collisions, 32 were fatalities – decrease

41.8% when compared with 2012

• HV deemed at fault in 45.4% trauma collisions

• 100km/h speed zones highest level of HV trauma

• Monday - Friday worst days for HV trauma

• Between 1 July 2013 – 26 November 2013 HVU

processed HV drivers for XPCD - strike rate of

1:11.5

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What do we hope CoR achieves?

• Safer work and road environment

• More relaxed work and driving

environment

• Fewer crashes

• Fewer casualties

• Fewer deaths

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HVU expanded to 24 staff including intelligence

analysts and a mechanic. Provide targeted

enforcement, education and training

HVU only Victoria Police unit authorised to exercise

CoR powers of entry, search and seizure

Expanded CoR capability and cohesion with MCIG

resulted in the reconstruction of driver work/rest

activities in several matters currently before courts -

one matter resulting in driver with no prior convictions

gaoled for five years

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Investigation Triggers

• Fatal/serious injury collision

• Obvious fatigue factor in collision

• Request from MCIG

• On road enforcement (targeted company)

• Tasking and Coordination

• Freight Sector

• Seasonal Freights (Harvest/Vintage)

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COR Summary - HVU

From 01/01/2013 - 26/11/2013:

• Visited 151 companies and re-visited 31

• Issued 90 Improvement Notices

• Cleared 22 Improvement Notices

• Conducted 80 CoR investigations

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Culture Change

Enforcement Liaison Committee (ELC) established:

• Comprises Victoria Police, Worksafe, Vicroads,

Trade Workers Union and Victoria Transport

Association

• Multi Agency and Industry approach to road

transport issues eg queuing

• Visits to DC’s, loading managers, warehouses to

demonstrate coordinated approach

Advice where warranted. Action when required

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Enforcement Liaison Committee

Role and Aim

• Reports to Victorian Road Freight Advisory

Council

• Provides leadership in the resolution of issues

related to the enforcement of laws affecting the

road transport industry

• Improve relationships between enforcement

agencies and industry, inturn improving

compliance with laws

• ELC member organisations

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Enforcement Liaison Committee

Purpose

Zero harm on Victorian Roads and workplace relating to the Transport Chain

Reports

• VRFAC

• VicPol

• VicRoad

• WorkSafe

• NTC

On Road User Group

• Transport Industry Safety

Group

• Specialist Groups

• MOU – Police, VicRoads

& Worksafe

Oversight

Compliance &

Enforcement

Intel

Data

Analysis

Research

Recommendation

Enforcement

Compliance

Prosecution

↑ awareness

↑ due diligence

↑ safety

outcomes

↑ productivity

COR

investigations

Visits

Action Plans

Aw

are

nes

s

Ad

vice

Co

mm

un

icat

ion

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ELC points of interest

• System failures

• System successes

• Examples of good practices

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Case Study

Tank Trucking Swan Hill

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Case Study

• HVU intercepted high number of company

drivers for exceeding work hours

– Drivers on Standard Hours option limited to

12hrs/24hrs maximum work

• Spike in intercepts flagged with HVU analysts

• Units tasked to undertake targeted intercepts –

identify further breaches of work hours by

company drivers

• File referred to Investigations Section of HVU

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Case Study

• Members enter company under Road Safety Act

powers

• Audit company drivers and identify offences

• Engage with company management - highlight

offences identified

• Improvement Notice issued under RSA - identify

steps company must take to prevent further

breaches

• Education - HVU deliver lecture to company

drivers and management relating to fatigue, CoR

and heavy vehicle enforcement

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Case Study

• Further similar offences detected during period of Improvement Notice

• Investigation Section re-attend - seize records

• Company summonsed on 50 charges

• Guilty plea

• Supervisory Order applied for and granted

• Company required to implement BFM. Independent auditor report quarterly over 12 months to O/C HVU on company compliance with fatigue laws

• Regular compliance at the end of the 12 month reporting period - Supervisory Order discharged