Clarification on COR requirements for members

   Clarification on COR requirements for members (NNF 2018/330)

Dear Members,

Please see below:

• COR Australia’s information on two items that have been raised as concerns by members in recent months, in terms of responsibilities of parties in the supply chain under the      new COR legislation that have been effective from 1 October 2018
• CBFCA comments on each of these two items

1) Container Mass Requirements 

Under SOLAS and CoR various parties have responsibilities to ensure details in regards to the transport of containers on Australian Roads comply with the Heavy Vehicle National Law.

While there are specific requirements in regards to what a Container Weight Declaration should contain this only requires a GROSS weight of the Container and Load to be recorded. To read more click HERE

 
To conform to proper MASS requirements those involved in the supply chain are required to ensure that the load in the container is dispersed to balance the container when being transported. Freight in containers should be loaded so as to keep the Centre of Gravity at a minimum and the load should be restrained as per the requirements of the NTC Load Restraint Guide.
Details on basic loading requirements can be found at Safe Transport of Containers, click HERE

The fact that a CWD may show the gross weight of a container is under the approved weight limit for road transport the weight also needs to conform to the legal limit over axle groups refer  HERE

This may mean that the doors of a container may have to face forward to balance weight which can cause some problems - however this should be known prior to shipping so that the loader knows how the load should be loaded to conform to Australian Law and make it easy for the goods to be unloaded.

It should be noted that a CWD is required for the transport of any transport container on an Australian Road - as per the NHVR website "

When is a CWD required?

A complying CWD is required when transporting a consigned freight container on a road using a heavy vehicle. The requirement for a complying CWD is not dependent on whether the freight container is empty or loaded.

A complying container weight declaration is not required for a freight container that has been modified so it is no longer fit for use in multi-modal transport or its primary use would no longer be for the transport of freight (e.g. modified for use as a storage shed, portable office, portable plant equipment, etc.)."

As such parties involved in transporting containers should ensure they have procedures and systems in place to ensure all containers have a CWD.

CBFCA comment 
The CBFCA understands the challenges that members experience in obtaining accurate information on container “spread of weight” details within the import international freight process.

Andrew Hudson continues to work with the regulators in attempting to have them understand these challenges.

However, members are advised to take all measures possible to obtain “spread of weight” information for import shipments and to request and hold evidence of same.

 


2) Use of shrinkwrap as a primary load restraint

As per the NTC Load Restraint Guide 2018 Shrink Wrap can be used for Unitising Loads and can be used as a restraint method as long as the loader/consignor has determined the level of wraps required to secure the load.

Generally speaking Shrink Wrap is a good product to keep cargo dry and clean but in itself should not be used as a primary load restraint without first receiving an engineers report qualifying the load restraint requirements for the product to be restrained.

As per the load restraint pallets of product should be lashed to a pallet and then shrink wrap can be used to assist the unitisation refer HERE

The National Transport Commission’s Load Restraint Guide says that stretch film wrapping and shrink-wrapping can be used to unitise a load consisting of many small objects, such as palletised loads. However, you will need to use your (or expert) judgement on whether or not shrink-wrapping is sufficient.

This may depend on the size and weight of the load. For example, it may not be suitable for heavier loads or loads with sharp corners.

“It may be the case that you will need to incorporate a number of different methods including banding, strapping, gluing, stretch-wrapping and shrink-wrapping for certain loads,”

Those involved in the Road Transport of any product must take ALL REASONABLE PRACTICAL STEPS to ensure that the load is correctly restrained and this responsibility can not be contracted out to a third party.

CBFCA comment 
The CBFCA is aware of at least two Sydney based bond store operators who are insisting that for each external bond store pick up of palletised freight (cargo), the external truck driver shall be required to shrinkwrap these pallets in a designated area within that bond store’s warehouse or loading dock to the bond store’s required standard, as against requiring their own bond store staff to do this.


This “requirement” is not specifically required under the new COR laws and it is the bond store’s responsibility to present to the external pick up driver, the import freight to a standard that appropriately secures the freight to each pallet or loading unit.
 
In summary, the issues with this practice are as follows:
• that not all truck drivers are skilled in shrinkwrap processes due to the fact that they do not regularly perform this task
• such requirements are a breach of Workcover legislation in that these bond stores are in effect issuing an employee based work instruction to an unrelated third party         employee or subcontractor
• external drivers are not conversant with the bond store’s internal work processes

The CBFCA will be taking up this issue direct with the bond stores concerned.

 

Scott Carson
Commercial Manager