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The new ‘unfit to drive’ duty is now in force—what does it mean for operators?
Since 1 August 2026, the HVNL’s unfit-to-drive duty has applied to drivers of all heavy vehicles over 4.5 tonnes—not only fatigue-regulated vehicles—and Chain of Responsibility parties must not cause or encourage unsafe driving.
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The transport document many operators have never heard of – the Heavy Vehicle Industry Master Code
The Heavy Vehicle Industry Master Code is not legislation and creates no new duty. But it can help a court assess what was reasonably practicable after an alleged breach of the HVNL primary duty.
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The Master Code creates no new legal duties—but it could change how “reasonably practicable” is judged.
The revised Heavy Vehicle Industry Master Code creates no new legal duties, but its expanded, activity-based guidance could shape how courts assess whether transport businesses properly managed risk.