The Road Transport Agreement is essential for businesses engaging in road freight services within Australia. It is designed to establish a clear framework for the provision of transport services while ensuring compliance with Australian regulations, particularly the Heavy Vehicle National Law and Chain of Responsibility requirements. This agreement is typically used when a business needs to engage a transport provider for regular or ongoing freight services, covering crucial aspects such as service standards, safety requirements, liability allocation, and operational procedures. The document incorporates Australian-specific legal requirements and industry best practices, making it suitable for both interstate and intrastate transport arrangements. Key considerations include vehicle specifications, driver requirements, performance metrics, and risk management protocols.
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1. Parties: Identification of the transport provider and customer, including ABN/ACN and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Term and Appointment: Duration of the agreement and appointment of the transport provider
5. Services: Detailed description of transport services to be provided
6. Service Standards: Required performance standards, including delivery times and quality metrics
7. Operations and Compliance: Operational requirements and compliance with transport regulations
8. Chain of Responsibility: Obligations under Chain of Responsibility legislation
9. Vehicles and Equipment: Requirements for vehicles, maintenance, and equipment standards
10. Fees and Payment: pricing structure, payment terms, and fuel levy provisions
11. Insurance and Liability: Insurance requirements and allocation of liability between parties
12. Termination: Termination rights and procedures
13. Confidentiality: Protection of confidential information
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Dangerous Goods: Required if transport of dangerous goods is part of the services
2. Temperature Controlled Goods: Required for refrigerated or temperature-sensitive transport
3. Subcontracting: Include if subcontracting is permitted under the agreement
4. Performance Incentives: Optional section for performance-based rewards or penalties
5. Technology and Systems: Include if specific technology or systems integration is required
6. Environmental Obligations: Additional environmental requirements beyond standard compliance
7. Training Requirements: Specific training obligations for drivers or staff
8. Force Majeure: Include if specific force majeure provisions are needed beyond general provisions
1. Schedule 1 - Service Specifications: Detailed specifications of transport services, routes, and frequencies
2. Schedule 2 - Rate Card: Detailed pricing structure including base rates and additional charges
3. Schedule 3 - Performance KPIs: Key performance indicators and measurement methodology
4. Schedule 4 - Vehicle Specifications: Detailed requirements for vehicles and equipment
5. Schedule 5 - Operating Procedures: Specific operational procedures and requirements
6. Schedule 6 - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
7. Schedule 7 - Approved Subcontractors: List of approved subcontractors if applicable
8. Appendix A - Incident Report Template: Standard template for reporting incidents and accidents
9. Appendix B - Service Level Agreement: Detailed service level requirements and measurements
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