What does reasonably practicable mean?
Short answer
Reasonably practicable is the test used to determine what a Chain of Responsibility party can reasonably be expected to do to eliminate or minimise safety risks.
Plain English
The Primary Duty does not demand that every conceivable risk be eliminated regardless of circumstances. A duty holder must consider the risks arising from the transport activities it influences or controls and take measures that are reasonably practicable to eliminate or minimise those risks.
What this means operationally
The test affects decisions about procedures, equipment, training, scheduling, contracting, supervision and other controls used to manage heavy-vehicle safety.
Who it applies to
Chain of Responsibility parties and executives considering how safety duties should be discharged.
Example
If a business knows that unrealistic delivery schedules are creating speeding or fatigue risks, doing nothing because another company employs the driver would not necessarily address the risks the business itself can influence.
Exceptions and traps
What is reasonably practicable depends on the particular circumstances, including the risk and the duty holder’s ability to influence or control it.
Legal foundation
Heavy Vehicle National Law s 26C and definition of reasonably practicable
Sources & primary documents
- www.nhvr.gov.au/safety-accreditation-compliance/chain-of-responsibility/regulatory-advice/reasonably-practicable
- www.nhvr.gov.au/safety-accreditation-compliance/chain-of-responsibility/the-primary-duty/primary-duty-scope
WWTG verification: NHVR
Frequently asked questions
Does reasonably practicable mean doing everything possible?
No. The legal test concerns what it is reasonably practicable to do in the circumstances.
Am I responsible for risks I cannot influence or control?
The scope of the Primary Duty relates to the transport activities and risks a party can influence or control.