The Legal Framework for Regulating Road Transport Safety: Chains of Responsibility, Compliance and Enforcement

17 Pages Posted: 7 Apr 2003

See all articles by Richard Johnstone

Richard Johnstone

Griffith University - Griffith Law School

Date Written: 2002

Abstract

This paper describes, analyses and compares two regulatory regimes which cover the road transport industry in Australia - occupational health and safety (OHS) legislation, and the National Road Transport Commission's (NRTC) proposed model road transport legislation. The central questions examined in the paper are

(i) what obligations do these laws impose, and upon whom (that is, what has to be complied with, and by whom); and

(ii) what enforcement tools or mechanisms are provided to enforce the provisions.

I begin briefly by describing what I will call the "traditional" approaches taken by Australian governments to OHS and road transport regulation, and then explain and compare current OHS legislation and enforcement tools with existing Dangerous Goods and Driving Hours regulations, and the proposed NRTC model road transport legislation, which includes enforcement mechanisms.

Keywords: regulatory regimes, occupational health, road transport

Suggested Citation

Johnstone, Richard, The Legal Framework for Regulating Road Transport Safety: Chains of Responsibility, Compliance and Enforcement (2002). Available at SSRN: https://ssrn.com/abstract=367401 or http://dx.doi.org/10.2139/ssrn.367401

Richard Johnstone (Contact Author)

Griffith University - Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia
07-3875-3645 (Phone)

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