A transport company and its director have been fined a combined $100,000 following a National Heavy Vehicle Regulator (NHVR) prosecution over repeated breaches of prohibition notices.
A court convicted both parties on all charges, imposing an $80,000 fine on the company and a $20,000 fine on the director, with convictions recorded.
The case follows what the NHVR described as a significant regulatory response to a high-risk operator. It also marked the first time the regulator had used its powers to secure a court injunction to prevent continued non-compliance.
“This result sends a clear message to industry that the NHVR takes safety risks seriously and will pursue regulatory action until those risks are addressed,” said NHVR Executive Director of Statutory Compliance Paul Alsbury.
“Where operators choose to continue placing road users at risk, the NHVR will use all tools available to stop that behaviour.
“This case proves the consequences can be significant, and that any perceived monetary benefit to flaunting safety rules and regulations will be impacted by court-imposed outcomes.
“This includes the handing down of substantial financial penalties for both the company and its director personally.”
Prohibition notices target immediate safety risks
NHVR officers can issue prohibition notices to stop activities that pose an immediate or imminent safety risk. The notices remain in place until the issues creating the risk have been addressed.
During the past financial year, the NHVR issued 23 prohibition notices to companies and individuals as part of its focus on higher-risk operators and addressing safety risks within their operations.
The latest prosecution demonstrates the potential consequences for operators who continue activities despite being directed to stop.
Chain of Responsibility parties face accountability
The NHVR said the court outcome also reinforces the responsibilities of parties across the Chain of Responsibility and the potential consequences of deliberate non-compliance.
“The NHVR is prepared to take appropriate action where safety risks justify it,” Alsbury said.
“Safety is a shared responsibility, and every party in the supply chain has an obligation to put appropriate measures in place or, when necessary, respond as directed.
“There are no shortcuts when it comes to safety, and this particular case reflects our commitment to upholding the standards required to make Australia’s roads safer.”
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