Understanding Primary Duty
Regulatory update: The amended Heavy Vehicle National Law commenced on 1 August 2026, following the 2025 Amendment Package passed by Queensland Parliament in November 2025. Key changes affect accreditation, Safety Management Systems, audits, work diaries, fitness to drive, and mass, dimension and loading rules.

Section 26C of the Heavy Vehicle National Law establishes the Primary Duty. It dictates that every party in the Chain of Responsibility must ensure, so far as is reasonably practicable, the safety of the party's transport activities. This duty carries through under the amended HVNL that commenced on 1 August 2026.
This is a positive duty, meaning you cannot wait for an incident to occur. You must proactively identify, assess, and manage risks associated with heavy vehicle transport. The primary duty is non-transferable; you cannot contract out of your safety obligations.
Executive Due Diligence
Under Section 26D, executives of a legal entity have a specific, positive duty to exercise due diligence to ensure the business complies with its safety duties. Ignorance of operations is not a legal defense.
