NHVR guidance aims to reassure producers on transport duties

The National Heavy Vehicle Regulator has provided additional information to clarify how the Heavy Vehicle National Law applies to livestock producers.

At a field day in North Queensland last week an NHVR representative highlighted the primary duty of care producers carry once they consign cattle into transport, and emphasised that their responsibilities don’t end once their cattle leave the farm gate.

He noted producers can remain legally accountable for aspects such as vehicle safety, driver fatigue, scheduling, and compliance with Heavy Vehicle National Law right up until their cattle are unloaded at their final destination.

He urged producers to take the time to identify their potential risks and then take steps to mitigate those risks, with written contracts between producers and transporters a recommended strategy.

In reader comments posted to our article on Beef Central, several producers expressed scepticism about the extent of legal responsibility suggested, arguing it amounts to legislative overreach and could unfairly penalise producers for transporter actions beyond their control.

Producers graziers share in safety responsibility, but not liable for everything

Beef Central yesterday spoke with Jennifer Rotilli, NHVR Manager – Safety Duties and Codes, who provided further guidance for livestock producers which is published below.

In summary she explained that under the Heavy Vehicle National Law, there is a Chain of Responsibility principle that recognises that safe transport depends on “many people playing their part”.

“This doesn’t mean they’re automatically responsible for anything that goes wrong, but they are responsible for contributing to safety where they can,” she said.

Consultation window currently open

Livestock producers also have an opportunity in the next two weeks to provide feedback on a new version of the “Master Code of Practice” which is being developed by the NHVR.

It is a general code of practice for the whole of industry which includes recommendations for the safe transport of livestock. The window for industry feedback is open until October 3 (links below).

NHVR further guidance:

Chain of Responsibility (CoR) is a principle under the HVNL that recognises that safe transport depends on many people playing their part. For livestock transport, this includes livestock producers, transporters, feedlots, saleyards, abattoirs and the supermarkets where meat is sold.

Each of those businesses is a party in the CoR and has a duty to ensure that everything they do in relation to livestock transport is done in a way that keeps vehicles safe on the road. All CoR parties share this duty.

This doesn’t mean they’re automatically responsible for anything that goes wrong, but they are responsible for contributing to safety where they can. Each of them contributes in different ways.

One of the ways the National Heavy Vehicle Regulator (NHVR) helps parties to meet their duty is by working with industry members to develop registered codes of practice.

A code has information about hazards and risks to do with heavy vehicle use, as well as recommendations for measures that can be put in place to eliminate or minimise risk.

On 11 August the NHVR published a consultation draft of a new version of the Master Code of Practice.

This is a general code of practice for the whole of industry and includes recommendations for the safe transport of livestock. The NHVR has called for feedback or comments on the draft code by 19th September but will still consider submissions received by 3 October.

The introduction to the code is general information that’s useful to all CoR parties, but the part of the code that is most relevant for graziers is section 23, on page 72.

Links to Consultation Page where the draft can be downloaded:

https://www.nhvr.gov.au/consultation/2025/09/19/master-code-of-practice-consultation