For the purposes of these Terms, Heavy Vehicle National Law/HVNL means the Heavy Vehicle National Law (Qld) set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Qld) and as it applies through being adopted in other States and Territories and the Road Traffic (Administration) Act 2008 (WA) and Road Traffic (Vehicles) Act 2012 (WA) or any replacement or modification thereof.
Zoom2u also operates under the Freight Match, Same Day Express Couriers, Urgent Express Courier and goParcel business names.
Where Zoom2u Pty Ltd (“Zoom2u”)’s Platform is used to facilitate the interaction of Carriers and Customers for the transportation of goods by heavy vehicleon a road (“the Heavy Vehicle Services”), each user of the Platform, including Carriers and Customers, (the “User”) must:
ensure, so far as is reasonably practicable, the safety of its transport activities(as defined in the HVNL);
not ask, direct or require (directly or indirectly) or enter into a contract with the driver of a heavy vehicle or a party in the CoR to do or not do something the User knows, or ought reasonably to know, would have the effect of causing the driver—
to exceed a speed limit applying to the driver; or
to drive a fatigue-regulated heavy vehicle while impaired by fatigue; or
to drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or
to drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.
Without limiting any other provision of these Terms, in respect of any Heavy Vehicle Services, the User must, so far as is reasonably practicable, take steps to:
accurately and safely weigh or measure the heavy vehicle or its load, or to safely restrain the load in the heavy vehicle;
provide and obtain sufficient and reliable evidence from which the weight or measurement of the heavy vehicle or its load might be calculated;
manage, reduce or eliminate a potential contravention of the HVNL arising from the location of the heavy vehicle, or from the location of the load in the heavy vehicle, or from the location of goods in the load;
manage, reduce or eliminate a potential contravention of the HVNL arising from weather and climatic conditions, or from potential weather and climatic conditions, affecting or potentially affecting the weight or measurement of the load;
exercise supervision or control over others involved in activities which may lead to a contravention of the HVNL;
include HVNL compliance assurance conditions in relevant commercial arrangements with other responsible persons for heavy vehicles;
provide information, instruction, training and supervision to employees to enable compliance with the HVNL;
maintain equipment and work systems to enable compliance with the HVNL; and
address and remedy similar HVNL compliance problems that may have happened in the past.
Without limiting any other provision of these Terms, in respect of any Heavy Vehicle Services, in relation to the speed and fatigue management obligations under the HVNL, the User must take all reasonably practicable steps to:
prevent, eliminate or minimise the likelihood of a potential contravention of the HVNL happening;
eliminate or minimise the likelihood of risks to public safety arising from a potential contravention of the HVNL;
manage, minimise or eliminate risks to public safety arising from a potential contravention of the HVNL;
identify and assess the aspects of the activities of the User and any contractor or subcontractor of the User that may lead to a contravention of the HVNL by any driver;
for each aspect identified and assessed under paragraph (d), identify and assess-
the risk of the aspect leading to a relevant contravention; and
if there is a substantial risk of the aspect leading to a relevant contravention, the measures the User may take to eliminate the risk or, if it is not reasonably possible to eliminate the risk, to minimise the risk;
carry out the identification and assessment mentioned in paragraphs (d) and (e)-
at least annually; and
after any event that indicates the way the activities the subject of the identification and assessment are being carried out have led, or may lead, to a relevant contravention;
take the measures identified and assessed under paragraph (e)(ii);
for each action mentioned in any of paragraphs (d) to (g) taken by the User:
keep a record of the action for at least 3 years after taking it; or
if 3 years have not passed since taking the action, keep a record of the action since taking it.
Without limiting any other provision of these Terms,Carriers must comply and ensure that any contractor or subcontractor complies with these Terms and the Zoom2u Chain of Responsibility Compliance Policy (as amended from time to time)in respect of any Heavy Vehicle Services under Zoom2u’s Carrier Terms and Conditions.
In addition to any other conditions contained in these Terms, Carriers may only subcontract all or any part of the performance of this subcontract if the Carrier first:
satisfies itself that any such contractor or subcontractor has in place a system and work practices to ensure its compliance with the HVNL, including the matters contained in clauses 3 to 5 (inclusive);
provides any such contractor or subcontractor with sufficient information, instruction, training and supervision to ensure compliance with the HVNL in the provision or performance of any Heavy Vehicle Services;
provides any such contractor or subcontractor with a copy of these Terms and obtains in writing and retains the contractor’s or subcontractor’s signed acknowledgement; and
has in place a system and work practices that permit the User to manage and supervise the HVNL compliance performance of any aspect of the Heavy Vehicle Services by any contractor or subcontractor and actively does so during the performance of any such aspect.
In relation to the Heavy Vehicle Services, the User must notify Zoom2u of any:
warning or caution;
request for information or production of documents;
commencement of prosecution proceedings,
by any State or Territory road safety authority or authorised officer in respect of any breach or suspected breach of any HVNL. The User further undertakes to provide Zoom2u with a copy of any such warning, request, notice, fine or proceedings and any response or submissions made by or on behalf of the User or any contractor or subcontractor within 14 days of receiving or making the same.
In the event of any breach or suspected breach of the HVNL by the User or any contractor or subcontractor in relation to any Heavy Vehicle Services, Zoom2u will be entitled to, in its sole and absolute discretion:
report any breach or suspected breach of the HVNL to any relevant authority, including disclosing any or all documentary materials in relation to the circumstances of any such breach or suspected breach; and/or
issue the User with a ‘show cause’ notice requiring the User to explain to the reasonable satisfaction of Zoom2u within fourteen days of the date of the notice:
the circumstances of the breach or suspected breach;
any steps taken to respond to the breach or suspected breach; and
any steps taken to prevent any other breach similar to the breach or suspected breach from occurring.
In addition to any other rights or entitlements of Zoom2u under and despite anything to the contrary contained in any other provision of these Terms, in the event of any breach or suspected breach of the HVNL by the User or any contractor or subcontractor in relation to any Heavy Vehicle Services, or any breach by the User of any of clauses 2 to 7 (inclusive) or any failure of the User to respond to the reasonable satisfaction of Zoom2u to any ‘show cause’ notice issued in accordance with clause 8(2), Zoom2u will be entitled, in its sole and absolute discretion:
not to pay any amounts which would otherwise be owing to the Carrier under the Zoom2u Carrier Terms and Conditions in circumstances of breach of the HVNL;
suspend the User’s access to the Platform without further payment until such time as the breach is remedied to the satisfaction of Zoom2u; and
terminate the User’s access to the Platform with immediate effect by giving notice in writing to the User.