Vehicle Mounted Lifting Equipment Compliance
HVNL & WHS Obligations for Tailgate Loaders and Wheelchair Lifters
This page provides essential compliance information for organisations operating vehicle mounted lifting equipment, including tailgate loaders, vehicle mounted cranes, and wheelchair lifters.
Failure to meet these obligations may expose PCBUs (Persons Conducting a Business or Undertaking), directors, managers, and officers to personal liability, regulatory enforcement action, and penalties.
Why This Matters – PCBU Personal Liability
Vehicle-mounted lifting equipment is classified as plant under Australian Work Health & Safety legislation. Where equipment is fitted to heavy vehicles, additional obligations apply under the Heavy Vehicle National Law (HVNL).
Under WHS and HVNL legislation, PCBU personal liability applies where reasonable steps are not taken to identify risks, inspect equipment, maintain compliance, and keep adequate records.
These duties extend beyond workers and include passengers, residents, clients, and members of the public, particularly where equipment is used to lift or support people (such as wheelchair lifters).
Compliance PDF Downloads
PDF Download: Heavy Vehicle National Law (HVNL) – Heavy Vehicle Lifting Equipment Compliance
Information sheet outlining Chain of Responsibility obligations and PCBU (Person Conducting a Business or Undertaking) personal liability.
Failure to identify, inspect, and maintain heavy vehicle-mounted lifting equipment, including tailgate loaders and vehicle mounted cranes, may expose PCBUs, directors, and managers to personal liability, regulatory enforcement action, and penalties.
PDF Download: : Work Health & Safety (WHS) – Light Vehicle Lifting Equipment Compliance
Information sheet outlining Duty of Care obligations and PCBU (Person Conducting a Business or Undertaking) personal liability.
Failure to ensure wheelchair lifters and light vehicle mounted tailgate loaders are inspected, maintained, and compliant may result in personal liability for PCBUs and officers, including regulatory action and penalties.
Revelant Legislation
Work Health & Safety (WHS)
• Work Health and Safety Act 2011
• Work Health and Safety Regulation 2011
Under WHS legislation, PCBUs must ensure that plant is:
• Safe and without risks to health and safety
• Properly inspected and maintained
• Serviced and assessed by competent persons
• Supported by adequate records and compliance systems
Failure to do so may result in PCBU personal liability.
Officer Due Diligence
• WHS Act 2011 – Section 27
Officers (including directors and senior managers) must exercise due diligence to ensure the PCBU complies with its obligations. This includes ensuring appropriate inspection and maintenance systems, record keeping processes, and controls to remove non-compliant equipment from service.
Failure to exercise due diligence may result in personal liability separate to the PCBU.
Heavy Vehicle National Law (HVNL)
• Heavy Vehicle National Law
• Chain of Responsibility (CoR)
Where lifting equipment is fitted to heavy vehicles, duties apply to all parties in the Chain of Responsibility, including PCBUs, managers, and operators.
Breaches may result in PCBU personal liability and individual penalties, not just company level enforcement.
Electrical Safety (where applicable)
• Electrical Safety Act 2002 (Qld)
• Electrical Safety Regulation 2013
Applies where vehicle-mounted lifting equipment incorporates electrical systems, controls, wiring, batteries, or power supplies. Electrical defects are a common contributor to enforcement action following incidents.
Log Book & Record-Keeping Requirements
Log books must be used to record pre-operational inspections, periodic inspections, and maintenance and repairs.
Accurate records provide critical evidence of compliance and are routinely requested following incidents or regulator inspections.
Failure to maintain records significantly increases PCBU personal liability.
Pre-Operational Checks
Before use, lifting equipment must be inspected by the operator or another competent person and recorded in a logbook or maintenance records.
The Lift Care Services Logbookcomplies with AS/NZS 2550.9:1996 Section 6.5, AS 2550.1:2011 Section 7.5, and record-keeping expectations under AS/NZS 3856 and AS/NZS 10535. Logbooks are supplied in a weatherproof pouch suitable for permanent installation on vehicle-mounted lifting equipment.
Maintenance & Inspection Requirements
It is required that pre-operational inspections are completed before use, 90-day, annual, and major inspection intervals. Manufacturer and OEM inspection requirements are followed where more stringent than Australian Standards, and non-compliant equipment is removed from service immediately. Failure to meet these requirements may result in PCBU (Person Conducting a Business or Undertaking) personal liability.
Failure to meet these requirements may result in PCBU (Person Conducting a Business or Undertaking) personal liability.
Notifiable Incidents
Certain incidents involving lifting equipment are notifiable under WHS legislation. Failure to notify incidents or produce inspection and maintenance records can significantly increase personal liability exposure for PCBUs and officers
Responsibilities
Management / PCBU Responsibilities
PCBUs must ensure equipment is safe, inspected, and maintained, operators and maintenance personnel are trained and authorised, records demonstrate compliance, non-compliant equipment is removed from service, and emergency procedures are established and understood.
Operator Responsibilities
Operators must follow operating and emergency procedures, conduct pre-use checks, report defects or malfunctions immediately, check the operating environment for hazards, and ensure load ratings are not exceeded.