Enforceable undertakings

In the event of an alleged contravention of the HVNL, the NHVR as an alternative to prosecution, may accept an enforceable undertaking (EU) given by the person who is alleged to have committed the contravention.

Factors considered

On receipt of an EU proposal submitted by a person who is alleged to have committed a contravention, the NHVR will give serious consideration to the factors set out in the Policy - Enforceable Undertakings and Guideline - Proposing an Enforceable Undertaking. These include:

Promoting a strong safety outcome – Any system, procedural and/or policy change(s) and/or training offered to staff and other stakeholders. Where changes or training are proposed, it must be related to the relevant regulatory guidance (the Master Code, Load Restraint Guide, Australia Standards etc). Any training provider must be accredited and approved by the NHVR.

Broad transport community benefit – The extent that any proposed activities will carry benefits beyond improvement to internal safety systems, procedures and/or policies. EU proposals may contain activities that carry benefit to the broader transport community (beyond compliance with legal obligations), such as
- durable benefits like training and tools, and development of manuals and/or guides
- resulting publications and intellectual property to be captured by Creative Commons copyright licenses to ensure benefits can be shared with the broader transport community
- social media safety campaigns comprising an expression of regret and culpability for the offending conduct
- financial donations to relevant not-for-profit organisations to enhance relevant research and/or training in the area.
Rectifications made – Any rectifications made to systems, procedures and/or policy to minimise future public risk, made as a result of the identified contraventions.

Specificity and measurability of activities – It is essential the activities proposed in any EU have a sufficient degree of specificity and measurability to ensure accountability and transparency. Reporting to the NHVR on the completion and success of proposed activities, and regular reporting on the progress of proposed activities must be a component of any undertaking.

Value of the Undertaking – the extent to which the total value of the proposed activities exceeds the reasonable expectations of court outcomes.

This is not an exhaustive list, but a guide to the types of factors considered.

Types of outcomes

Accepted EUs have included commitments to the following types of outcomes:

Outcome	Output
All employees and management to undertake transport safety and CoR online awareness course.	A copy of Certificates of Completion will be submitted to the NHVR as evidence within x period.
The company to undertake a CoR audit to identify opportunities for improvement and best practice methods in relation to compliance with HVNL and CoR.	A copy of the audit report will be submitted to the NHVR as evidence within x period.
The driver to obtain and implement an NHVR approved EWD to assist their compliance with fatigue management obligations.	A copy of completed work diary records will be submitted to the NHVR as evidence by the x of each month on an x basis to be reviewed for compliance.
All employees and management to undertake Load Restraint Training to ensure loads are restrained in accordance with the Load Restraint Guide.	A copy of Certificates of Completion will be submitted to the NHVR as evidence within x period.
The company will review its procedures and develop a written policy and procedure manual for employees regarding CoR requirements and the loading of heavy vehicles. The company will direct employees to read and comply with the policy and procedure manual, with documented and implemented consequences for non-compliance.	A copy of the policy and procedure manual and the directive to staff will be submitted to the NHVR as evidence within x period.

Queensland - Obligation holder Austral Masonry Pty Ltd

Date accepted

25 January 2025

Alleged breach

On 23 August 2024, Austral Masonry (Qld) Pty Ltd permitted a person to drive a heavy vehicle on the M1 Pacific Highway at Chinderah NSW, and the vehicle's components and load failed to comply with the dimension requirements applying to the vehicle. The prescribed width limit applying to the heavy vehicle was 2.5 metres. The assessed width of the heavy vehicle was 2.69 metres resulting in a severe risk breach (section 102(1)(b)(iii) HVNL).

Summary of undertaking

Initiative 1 - Register of vehicle dimensions compliance with HVNL requirements for all company trucks and trailers within 12 months at a cost of $0.
Initiative 2 - Add a dimension check to the 'Daily Pre-Start Vehicle Check' supported with training within 12 months at a cost of $5,000.
Initiative 3 - Additional engineering controls to reduce the width of truck-mounted forklifts within 6 months at a cost of $19,520.
Initiative 4 - Establishment of software to Automate Driver Dimension Confirmation and on-site weighbridge within 12 months at a cost of $108,000 with an ongoing cost of $2,500 per annum.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $132,520.

New South Wales - Obligation holder Justin Matthew LAVERS

Date accepted

18 November 2024

Alleged breach

On 19 May 2023, at Marulan, in New South Wales, Justin Matthew Lavers was intercepted by authorised officers. A compliance check under the Heavy Vehicle National Law was carried out on Mr Lavers's Work Diary. Two offences contrary to the HVNL were detected that were critical risk breaches. In the 24-hour period between 6:00pm on 17 May 2023 and 6:00pm on 18 May 2023, the accused was a solo driver of a fatigue-regulated heavy vehicle. At the time, Mr Lavers was operating under the Basic Fatigue Management (BFM) option.

Summary of undertaking

Initiative 1 - Engage with a training organisation to deliver Fatigue Management Training TLIF0005 within 9 months at a cost of $150.
Initiative 2 - Enter into a 12-month subscription with Hubfleet for an Electronic Work Diary within 12 months at a cost of $186.
Initiative 3 - Make a $2,000.00 donation to the Australian Road Trauma Safety Foundation within 9 months at a cost of $2,000.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $2,236.

New South Wales - Obligation holder Trojan Transport Pty Ltd

Date accepted

25 September 2024

Alleged breach

On 13 December 2023, at Sirius Road, Port Botany, Trojan Transport Services Pty Ltd permitted the driver of a heavy vehicle combination loaded with a water recycling truck on a flat rack, to drive without ensuring that it complied with the applicable dimension requirements, namely that the vehicle exceeded the prescribed height limit of 4.30 metres contrary to section 102(1)(b)(iii) of the HVNL.

Summary of undertaking

Initiative 1 - Management personnel will undertake training courses ‘TLIF4066 Implement and supervise transport regulations compliance system’ and ‘TLIF0009 Ensure the Safety of Transport Activities’ within 1 month at a cost of $1,650.
Initiative 2 - An external service provider will review and develop policies, procedures and manuals within 6 months at a cost of $8,250.
Initiative 3 - Internal review by management staff of systems and practices at 6 months and 12 months at a cost of $0.
Initiative 4 - Production of a toolbox talk for internal and public dissemination by an external consultant within 9 months at a cost of $5,500.
Initiative 5 - Toolbox talk for employees to be held at 6 months and 12 months at a cost of $0.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $15,400.

New South Wales - Obligation holder Nathan HARTGE

Date accepted

25 September 2024

Date completed

25 November 2024

Alleged breach

It is alleged that in the 24-hour period commencing at 5.30pm on 28 August 2023 and concluding at 5.30pm on 29 August 2023, Nathan Hartge, being the solo driver of a fatigue-regulated heavy vehicle, namely a DAF prime mover white, worked more than the prescribed standard maximum work hours. The accused worked a total of 15 hours and 45 minutes. The offence constituted a critical risk breach.

Summary of undertaking

Initiative 1 – $1,000 Donation to Road Trauma Support Group NSW;
Initiative 2 – apply fatigue management strategies (TLIF 2010 ); and
Initiative 3 – complete a work diary (TLIE 3028).

The initiatives will be completed within 2 months of acceptance of the EU, with a total estimated cost of $1,485.

New South Wales - Obligation holder Bhupinder Singh KHARAUD

Date accepted

22 May 2024

Alleged breach

On 1 September 2023, Mr Kharaud was driving a fatigue-regulated heavy vehicle, on the A1 Pacific Highway Pine Creek, NSW. The vehicle was on a journey from Kingsgrove NSW to Tennyson QLD and was intercepted by NHVR authorised officers at the Pine Creek Heavy Vehicle Safety Station (HVSS) for a compliance check. Upon inspection of the vehicle and the driver’s work diary, two offences contrary to the HVNL were detected that were critical and substantial risk breaches. Between 6pm on 1 August 2023 and 6pm 2 August 2023 Mr Kharaud only had four hours of continuous stationary rest time between 2pm and 6pm on 2 August 2023. The accused failed to take the minimum 7 continuous hours rest. The vehicle's mass was weighed at 23.22 tonnes. Taking into account the applicable mass adjustment, the vehicle’s alleged mass was 22.72 tonnes, an excess mass of 1.72 tonnes, or an overload of 108%.

Summary of undertaking

Initiative 1 - Complete the fatigue management course TLIF0005 within 6 months at a cost of $200-$250.
Initiative 2 - Donate $500 to the Road Trauma Support Group within 2 weeks.
Initiative 3 - Implement Logmaster Electronic Work Diary (EWD) within 2 months at a cost of $100 per yearly subscription. Mr Kharaud must also:
- record his driving hours and rest breaks in the EWD as required by the NHVR;
- provide the NHVR with a copy of the records of the usage of the EWDs for the preceding month on the first business day of each month within 9 months.
Initiative 4 - Undertake a tailored compliance management course within 6 months at a cost of $2,500.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $3,300.

New South Wales - Obligation holder Mulgoa Excavations Pty Ltd

Date accepted

23 May 2024

Alleged breach

On 16 September 2023, the Director of Mulgoa Excavations Pty Ltd permitted another to drive a heavy vehicle loaded with aggregate/soil, which did not comply with the mass requirements. The prescribed mass limit applicable to axle group 3 was 20 tonnes. The assessed mass of axle group 3 was 26.24 tonnes or 131.2 % of the maximum mass permitted. The offence constituted a severe risk breach.

Summary of undertaking

Initiative 1 - Mulgoa Excavations Pty Ltd will implement a new company manual/drivers manual with updated policies and procedures.
Initiative 2 - The company will arrange two training sessions to instruct and advise all employees with the job title of ‘heavy vehicle driver’ of updated company policies and procedures.
Initiative 3 - The company will arrange Chain of Responsibility training for the Director, Fleet Operations Manager, Maintenance Manager and Compliance Officer.
Initiative 4 - The company will implement improved mass, loading and dimension training documentation.
Initiative 5 - The company will make a donation to Road Trauma Support Group NSW.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $29,376.

Extension granted in relation to initiatives 1 and 4, which extended the EU beyond the 12-month timeframe.

New South Wales - Obligation holder Christopher Paul FORD

Date accepted

26 March 2024

Alleged breach

On 26 June 2023, Christopher Paul Ford was driving a fatigue-regulated heavy vehicle, Kenworth prime mover towing a trailer, travelling on Narellan Road, Mt Annan.
Upon inspection of Mr Ford’s work diary, NHVR authorised officers identified two severe risk fatigue breaches of the HVNL. Between 4:30pm on 25 June 2023 and 4:30pm on 26 June 2023, Mr Ford had worked for 13 hours and 30 minutes. The applicable limit was 12 hours in any 24-hour period. Between 7:00am on 26 June 2023 and 7:00am 27 June 2023, Mr Ford worked 13 hours and 30 minutes. The applicable limit was 12 hours in any 24-hour period.

Summary of undertaking

Initiative 1 - Donate $6,000 to Road Trauma Support Group (NSW) within 6 months.
Initiative 2 - Obtain the Logmaster Australia Electronic Work Diary (EWD) application and supply compliance reports generated from the application to the NHVR within 3 months at a cost of $198.
Initiative 3 - Complete TLIFF0009 ‘Ensure safety of transport activities (Chain of Responsibility)’, TLIF2010 ‘Apply fatigue management strategies’, and TLIE3028 ‘Complete a work diary’ within 3 months at a cost of $420.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $6.618.

New South Wales - Obligation holder Country Wide Asphalt and Civil Pty Ltd

Date accepted

15 March 2024

Date completed

23 August 2024

Alleged breach

On 21 December 2022 at Dubbo, a Volvo tipper heavy vehicle was travelling on Newell Highway NSW. The heavy vehicle was intercepted by NHVR authorised officers where a compliance check under the HVNL was done on the vehicle. The vehicle was carrying a road base and was on a journey to Brocklehurst, NSW. Upon inspection, the authorised officers identified there was a mass weight breach on the second axle group of the vehicle. This is contrary to section 96 of the HVNL.
6. The vehicle’s mass was weighed at 20.50 tonnes. Taking into account the applicable mass adjustment, the vehicle’s alleged mass was 20 tonnes on the second axle group, an excess mass of 3.5 tonnes, or an overload of 121%.

Summary of undertaking

Initiative 1 - Engage an external consultant to conduct a gap analysis of the company’s COR Policy and HV Management Plan (Gap
Analysis). Roll out a revised COR Policy and HV Management Plan by 31 May 2024.
Initiative 2 - Install scales on its trucks and long-term hires that are utilised and maintained by the company by 30 April 2024.
Initiative 3 - Source candidates for a new role based in Dubbo. In conjunction with project engineering responsibilities, the candidate will also be accountable for site quality, compliance, and surveillance for the northern operations and subcontractor-related works (estimated $110k annual salary). The role is committed to being permanently filled by June 2024.
Initiative 4 - Donate $2,500 to RYDA (RSE) education program in the Western NSW region. The donation will be made by 14 July 2024.
Initiative 5 - Donate $5,000 to Road Trauma Support Group NSW. The donation will be made by July 2024.

The initiatives will be completed within 6 months of acceptance of the EU, with a total estimated cost of $144,500.

New South Wales - Obligation holder Andrew Charles ALLEN

Date accepted

8 April 2024

Date completed

8 October 2024

Alleged breach

On 23 May 2023, Andrew Charles ALLEN drove a heavy vehicle loaded with scaffolding which did not comply with the dimension requirements. The prescribed width of the vehicle was 2.5 meters. The vehicle's width was assessed at 2.605m, an excess width of 105 mm. The contravention of the vehicle's permitted width resulted in a severe risk breach.

Summary of undertaking

Initiative 1 - ALLEN will complete a Chain of Responsibility course;
Initiative 2 - ALLEN will complete a Loading and Unloading course; and
Initiative 3 - ALLEN will make a donation to Road Trauma Support NSW.

The initiatives will be completed within 6 months of acceptance of the EU, with a total estimated cost of $949.

New South Wales - Obligation holder Nelson Joseph TAKIWA and Tuks Excavations Pty Ltd

Date accepted

28 November 2023

Date completed

7 December 2023

Alleged breach

An Isuzu heavy vehicle was detected travelling between Safe-T-Cam sites in less than the allowable travel time between 7 October 2022 at 12:04am and 8 October 2022 at 7:39pm. On 2 November 2022, an authorised officer from the NHVR issued a Notice to Produce to the registered operator Tuks Excavations Pty Ltd. On 14 November 2022, the registered operator responded by nominating Nelson Joseph TAKIWA as the driver of the heavy vehicle. Mr TAKIWA forwarded his work diary pages dated 7 October 2022 and 8 October 2022 to the NHVR for inspection. Upon inspection of Mr TAKIWA’s Work Diary, the NHVR identified a breach of the HVNL between 10:45am on 7 October 2022 and 10:45am on 8 October 2022, when Mr TAKIWA worked 15 hours and 45 minutes in a 24-hour period. Mr TAKIWA worked an excess of 3 hours and 45 minutes, placing the offence in the critical risk category.

Summary of undertaking

Initiative 1 - Enrol with an external training services provider to complete the following courses: Apply a Fatigue Risk Management System (TLIF0005), Administer a Fatigue Risk Management System (TLIF0006), Ensure the Safety of Transport Activities (CoR) (TLIF0009), and Monitor the Safety of Transport Activities (TLIF0014) within 2 months at the cost of $540.
Initiative 2 - Make a $1,500 donation to the Australian Road Safety Foundation within 3 months.
Initiative 3 - Enter into a 12-month subscription with Hubfleet for an Electronic Work Diary at the time of accepting the EU at a cost of $462.

The initiatives will be completed within 6 months of acceptance of the EU, with a total estimated cost of $2,502.

New South Wales - Obligation holder David Gregory PAGE

Date accepted

14 November 2023

Date completed

19 January 2024

Alleged breach

On 17 March 2023, David Gregory PAGE was driving a fatigue-regulated-heavy vehicle, a white Hino prime mover travelling on the Hume Highway, which was intercepted at Marulan Heavy Vehicle Safety station in New South Wales. Upon inspection of Mr PAGE’s work diary, NHVR Authorised Officers identified two critical-risk fatigue breaches of the Heavy Vehicle National Law (HVNL). Between 5:30am on 15 March 2023 and 5:30am on 16 March 2023, Mr PAGE worked for 14 hours and 30 minutes. The applicable limit was 12 hours in any 24-hour period. Between 7:15am on 10 March 2023 and 7:15am on 11 March 2023, Mr PAGE had only taken 5 hours of continuous stationary rest. The applicable rest requirement was 7 hours of continuous rest.

Summary of undertaking

Initiative 1 - Complete training course TLIF0009 (Ensure the safety of transport activity Chain of Responsibility) within 12 months at a cost of $299.
Initiative 2 - Complete training course TLIF2010 (Apply fatigue management strategies) within 3 months at a cost of $99.
Initiative 3 - Complete training course TLIE3028 (Complete a work diary) within 3 months at a cost of $80.
Initiative 4 - Donate $500 to the Australian Road Safety Foundation (ARSF) within 28 days.
Initiative 5 - Donate $500 to the National Road Safety Partnership Program (NRSPP) within 28 days.
Initiative 6 - Address drivers in toolbox meetings at his place of employment within 28 days at a cost of $0.
Initiative 7 - Attend and participate in a discussion group of all offence-related NRSPP toolbox talks conducted by his employer within 3 months at a cost of $0.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $1,478.

Victoria - Obligation holder Project Resources Australia Pty Ltd

Date accepted

14 November 2023

Alleged breach

On 5 July 2022, at Bass Highway, Leongatha, Project Resources Australia Pty Ltd permitted the driver of a heavy vehicle that was loaded with timber, which did not comply with the applicable dimensions requirements, namely that the heavy vehicle exceeded the prescribed rear overhang limit of 2,604mm contrary to section 102(1)(b)(iii) of the HVNL. The alleged rear overhang was 3,300mm which is an excess rear overhang of 696mm. The offence constituted a severe risk breach.

Summary of undertaking

Initiative 1 - The director to upgrade current licence to Heavy Combination Licence and undertake relevant training through TDT Training Australia. To be completed within 6 months at a cost of $1,450.
Initiative 2 - The director and any employees involved with driving heavy vehicles to undertake Chain of Responsibility training with Pinnacle Safety and Training. Units of competency will include ‘TLIF0001 Apply chain of responsibility legislation, regulations and workplace procedures’ or ‘TLIF0009 Ensure the safety of transport activities (Chain of Responsibility). To be completed within 4 months at a cost of $850.
Initiative 3 - Documents addressing the company’s safety and compliance to be drafted and disseminated to those involved with driving heavy vehicles. To be completed within 3 months at a cost of $2,400.
Initiative 4 - Delivering benefits to broader community. The EU is to be published on the Project Resources Australia Pty Ltd website as well as on their social media platforms. To be completed within 3 months at a cost of $500.

The initiatives will be completed within 6 months of acceptance of the EU, with a total estimated cost of $5,200.

New South Wales - Obligation holder Darren Craig MANTON

Date accepted

14 November 2023

Date completed

19 June 2024

Alleged breach

On 15 December 2022 at Cowra in the State of New South Wales, Darren Craig MANTON, did without reasonable excuse drive a heavy vehicle, in combination, on a road, namely Lachlan Valley Way, and did fail to ensure that the heavy vehicle, it's components and load complied with the dimension requirements as prescribed by the NHVR, namely the assessed length measurement was 20.66 meters where the prescribed allowable length was 19 meters, thereby committing a severe risk breach.

Summary of undertaking

Initiative 1 - Complete Chain of Responsibility training and training in ensuring and monitoring the safety of transport activities, including TLIF0009, TLIF0014 and TLID0015 at a cost of $675.
Initiative 2 - Develop improved prestart checks and document prestart checks for vehicle loads/dimensions at a cost of $450.
Initiative 3 - Complete refresher training on loading and unloading plant at a cost of $650.
Initiative 4 - Donation to Road Trauma Support Group NSW at a cost of $100.

The initiatives will be completed within 6 months of acceptance of the EU, with a total estimated cost of $1,875.

New South Wales - Obligation holder Daniel William CABBAN

Date accepted

14 November 2023

Date completed

23 November 2023

Alleged breach

On 1 February 2023, Daniel William CABBAN was driving a heavy vehicle on Pacific Highway A1 adjacent to the 12 Mile Creek Heavy Vehicle Safety Station (HVSS) in New South Wales. The heavy vehicle failed to divert off the Pacific Highway into the screening lane of the 12 Mile Creek HVSS as directed by road signage. On 20 February 2023, NHVR Authorised Officers sent a Notice to Produce requesting the name and address of the driver at the time of the alleged offence, as well as the work diary records from 31 January 2023 to 2 February 2023. On 3 March 2023, a response was received from a representative nominating Mr CABBAN as the driver of the heavy vehicle at the time of the alleged offence and provided NHVR Authorised Officers with copies of relevant pages from Mr CABBAN’s National Driver Work Diary. Upon inspection of the Work Diary, the Authorised Officers identified a breach of the HVNL between 10am 1 February 2023 and 10am 2 February 2023 when Mr CABBAN had worked for 13 hours and 45 minutes in a 24-hour period. Mr CABBAN was operating under standard hours meaning his maximum allowable work hours were 12 hours. Mr CABBAN worked an excess of 1 hour and 45 minutes placing the offence in the critical risk category.

Summary of undertaking

Initiative 1 - Enrol in and complete the online TLIF0005 Apply a Fatigue Risk Management System course within 6 months at a cost of $120.
Initiative 2 - Register with Logmaster Australia for 12 months and begin using an Electronic Work Diary via mobile phone within 3 months at a cost of $100.
Initiative 3 - Donate to RYDA Road Safety Education within 14 days at a cost of $500.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $720..

New South Wales - Obligation holder David Joseph MURPHY and Northwest Recycling Centre Pty Ltd

Date accepted

10 October 2023

Date completed

17 April 2024

Alleged breach

On 6 April 2023, David Joseph MURPHY drove a heavy vehicle on the M1 Pacific Motorway in Mount White. NHVR Authorised Officers intercepted the vehicle for inspection. The vehicle’s permitted mass was 43 tonnes. The vehicle's mass was weighed at 58.20 tonnes. Taking into account the applicable mass adjustment, the vehicle's alleged mass was 57.95 tonnes, an excess mass of 14.95 tonnes, or an overload of 134%. The contravention of the vehicle’s permitted mass resulted in a severe risk breach.

Summary of undertaking

Initiative 1 - Facilitate external comprehensive training for all Northwest employees on Mass, HVNL and the Chain of Responsibility within 3 months at a cost of $1,500.
Initiative 2 - Review and implement a comprehensive Business Mass Management Operation Procedure within 3 months at a cost of $1,500.
Initiative 3 - Make an application for accreditation via an approved NHVAS auditor within 3 months at a cost of $2,500.
Initiative 4 - Make a donation to a not-for-profit organisation, Australian Road Safety Foundation (ARSF), within 3 months at a cost of $2,000.

The initiatives will be completed within 3 months of acceptance of the EU, with a total estimated cost of $7,500.

Extension granted in relation to initiative 3, which extended beyond the 3-month timeframe.

New South Wales – Obligation holder HD Logistics Pty Ltd

Date accepted

10 October 2023

Date completed

10 October 2024

Alleged breach

On 10 September 2022, HD Logistics Pty Ltd permitted an employee to drive a heavy vehicle loaded with insulation that did not comply with the dimension requirements. The assessed width measurement was 2.92 metres, whereas the prescribed allowable width was 2.5 metres. The contravention of the vehicle's permitted width resulted in a severe risk breach.

Summary of undertaking

Initiative 1 - Compulsory full-day load safety training for all staff within 3 months at a cost of $6,600.
Initiative 2 - Compulsory load restraint training – onboarding for new staff within 12 months at a cost of $2,640.
Initiative 3 - Make a donation to a not-for-profit organisation, Australian Road Safety Foundation (ARSF) at a cost of $5,000.
Initiative 4 - Provide ongoing internal HVNL compliance training every 6 months at a cost of $1,000.
Initiative 5 - Create a load restraint inspections checklist within 9 months at a cost of $500.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $15,740.

New South Wales - Obligation holder Ferrycarrig Construction Pty Ltd

Date accepted

27 September 2023

Date completed

10 October 2023

Alleged breach

On 8 November 2022 at 12:52pm, NHVR Safety Compliance Officers (SCOs) observed a heavy vehicle, namely a white DAF tipper rigid truck, travelling on Victoria Street, Wetherill Park, New South Wales. SCOs intercepted and directed the vehicle into the work site at Victoria Street, Wetherill Park. The vehicle was observed to be loaded with gravel and registered to Ferrycarrig Construction Pty Limited. SCOs weighed the vehicle using the Truckscan system in the presence of the driver. The vehicle’s 1st axle group had a final assessed mass of 6.40 tonnes, which exceeds the maximum weight limit of 6.00 tonnes. The contravention of 0.40 tonnes, amounted to an excess of 106% of weight, which placed this breach in the category of a substantial risk breach. The vehicle’s 2nd axle group had a final assessed mass of 20.15 tonnes, which exceeds the maximum weight limit of 16.50 tonnes. The contravention of 3.65 tonnes, amounted to an excess of 122% of weight, which placed this breach in the category of a severe risk breach. The vehicle’s gross vehicle mass (GVM) had a final assessed mass of 27.10 tonnes, which exceeded the maximum gross weight limit of 22.50 tonnes. The contravention of 4.60 tonnes, amounted to an excess of 120% of weight, which placed this breach in the category of a severe risk breach.

On 21 March 2023 at 1:16pm NHVR SCOs intercepted a heavy vehicle, namely a white DAF tipper rigid truck, travelling on Grand Avenue, Camellia, New South Wales and weighed the vehicle using the Truckscan system in the presence of the driver. The vehicle’s 3rd axle group had a final assessed mass of 21.60 tonnes, which exceeds the maximum weight limit of 16.50 tonnes. The contravention of 5.10 tonnes, amounted to an excess of 130% of weight, which placed this breach in the category of a severe risk breach. The vehicle’s gross vehicle mass (GVM) had a final assessed mass of 28.45 tonnes, which exceeded the maximum gross weight limit of 23.00 tonnes. The contravention of 5.45 tonnes, amounted to an excess of 123% of weight, which placed this breach in the category of a severe risk breach.

Summary of undertaking

Initiative 1 - Finalise retro-fitting of suitable mass measurement scales to any trucks within the fleet of 6-10 wheeler trucks that do not have suitable scales fitted within 6 months at a cost of $5,000.
Initiative 2 - Establish a register or schedule of scale calibration intervals within 1-3 months at a cost of $36,000.
Initiative 3 - Carry out targeted in house CoR training to be completed on site – focusing on loading procedures. This is to be completed by members of the plant team and safety advisors for site at a cost of $45,000.
Initiative 4 - Engage an external training services provider to deliver business-wide CoR awareness refresher training at a cost of $10,500.
Initiative 5 - Implement a system and working procedures to ensure that such records are entered into Assignar, to permit ready compliance checks on load and vehicle mass requirements within 4 months at a cost of $24,000.
Initiative 6 - Fit labels to the fleet of 6-10 wheeler trucks (outside and inside on scale screens) showing the tare mass and load limits for each truck, and ensure that the fleet register is updated to record all tare weights, axle and gross mass limits for each truck within 2 months at a cost of $6,000.
Initiative 7 - Ensure yard scales used to calibrate on-board mass requirements scales are themselves properly calibrated and fully-functioning within 3 months at a cost of $5,000.
Initiative 8 - Engage external legal advisors to review the terms of its subcontracts, to ensure compliance assurance conditions and other CoR performance-management provisions are included wherever relevant within 3 months at a cost of $5,500.
Initiative 9 - Issue a 3-part LinkdIn post campaign on the critical components of load mass management-equipment, training/procedure and verification checks with a cost of $2,000.

The initiatives will be completed within 6 months of acceptance of the EU, with a total estimated cost of $139,000.

New South Wales - Obligation holder Matthew Arthur Harrison t/a All Town Skips Pty Ltd

Date accepted

18 September 2023

Date completed

18 March 2024

Alleged breach

On 18 October 2022, HARRISON, being an individual, drove a heavy vehicle which exceeded the maximum allowable mass limits on axle groups 2 and 3, constituting a severe and substantial breach.

Summary of undertaking

Initiative 1 - Completion of Fatigue, Mass Management and Weight Verification training
Initiative 2 - Monthly toolbox meetings to all employees and subcontractors of All Town Skips Pty Ltd
Initiative 3 - Vehicle modifications
Initiative 4 - Donation to Road trauma Support

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $13,500.

New South Wales - Obligation holder Sulpet Pty Ltd and C & D Pty Ltd

Date accepted

1 September 2023

Date completed

24 October 2023

Alleged breach

On 21 September 2022, Sulpet Pty Ltd permitted its employed driver to drive a Mack tipper truck with a trailer on Windsor Road, Box Hill, New South Wales, that did not comply with its mass requirements. The trailer required a 1:1 mass ratio with the vehicle. Taking into account the applicable mass adjustment, the vehicle had an approximate mass of 11.65 tonnes, whilst the trailer had an approximate mass of 16.65 tonnes. The trailer exceeded the mass of the towing vehicle by 4.00 tonnes, amounted to an excess of 139% of weight, which placed this breach in the category of a severe risk breach.

Summary of undertaking

Initiative 1 - Undertake a review of company policy and systems regarding the loading of vehicles. After review, a written policy would be made and distributed internally and externally (to industry). within 14 days at a cost of $1,000.
Initiative 2 - Undertake accredited Chain of Responsibility training for all management staff and employees operating heavy vehicles within 6 months at a cost of $3,000.
Initiative 3 - Create and publish an educational pamphlet for use by the heavy vehicle industry within 6 months at a cost of $1,500.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $5,500.

South Australia - Obligation holder Service Stream Maintenance Pty Ltd

Date accepted

26 May 2023

Date completed

19 June 2024

Alleged breach

On 22 February 2022, Service Stream Maintenance Pty Ltd (Service Stream) permitted a worker to operate a heavy vehicle that violated the applicable mass requirements, in contravention of section 96(1) of the Heavy Vehicle National Law (HVNL). The vehicle exceeded the mass limit on the steer axle, constituting a minor risk breach, and was over the gross vehicle mass limit, constituting a severe risk breach.

Summary of undertaking

Initiative 1 - Develop and implement an online Chain of Responsibility training module within 12 months at a cost of $25,000.
Initiative 2 - Launch the Chain of Responsibility training module with a hosted in-person and live-streamed event within 12 months at a cost of $2,000.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $27,000.

New South Wales - Obligation holder CSG Resource Supplies Pty Ltd

Date accepted

15 May 2023

Alleged breach

It is alleged that on 22 July 2022, CSG Resource Supplies Pty Ltd permitted another to drive a heavy vehicle. The maximum allowable mass on the second axle group of the heavy vehicle combination was 9 tonnes. The vehicle's mass on the second axle group was weighed at 11.46 tonnes. Taking into account the applicable mass adjustment, the vehicle's alleged mass on the second axle group was 11.06 tonnes, an excess mass of 2.06 tonnes, or a 122.8% overload. This resulted in a severe mass breach.

Summary of undertaking

Initiative 1 - Load Restraint Training and Testing – the estimated cost of the initiative is $16,000.00;
Initiative 2 - Update of Compliance Resources: Safe Work Method Statement (SWMS), Risk Assessment Policy and Driver Handbook – the estimated cost of the initiative is $10,000.00; and
Initiative 3 - Organising a Toolbox Talk/Seminar Emphasising on the Heavy Vehicle Dimension Requirements – the estimated cost of the initiative is $8,0000.00.

The initiatives will be completed within 24 months of acceptance of the EU, with a total estimated cost of $34,000.

New South Wales - Obligation holder Anthony KUSCHERT

Date accepted

30 March 2023

Date completed

24 August 2023

Alleged breach

On 11 January 2023, Anthony KUSCHERT drove a heavy vehicle loaded with hay bales which did not comply with the dimension requirements.

The vehicle's constructed width was 2.49m with a maximum permitted load of 150mm past the outer extremity of the heavy vehicle on either side, being a total width of 2.64m. The vehicle's width was measured at 2.84m. The vehicle's alleged width was 200mm in excess of the permissible width.

The contravention of the vehicle's permitted width resulted in a severe risk breach.

Summary of undertaking

Initiative 1 - KUSCHERT will complete a Chain of Responsibility course;
Initiative 2 - KUSCHERT will complete a Training & Loading Restraint course; and
Initiative 3 - KUSCHERT will make a donation to Road Trauma Support NSW.

The initiatives will be completed within 6 months of acceptance of the EU, with a total estimated cost of $1,000.

South Australia - Obligation holder Michel SAADA

Date accepted

15 March 2023

Date completed

19 March 2024

Alleged breach

On 22 April 2022, SAADA, being an individual, made a false or misleading entry in his Work Diary – namely that he was resting at Kilburn, South Australia, from 12:45pm. The entry was false or misleading as his vehicle was sighted by Safe-T-Cameras at Willaston, South Australia, at 1:26pm and at Globe Derby, South Australia, at 1:50pm during the resting period recorded. This is contrary to section 325(1) of the Heavy Vehicle National Law (HVNL).

Summary of undertaking

Initiative 1 - Completion of a Fatigue for Schedulers course.
Initiative 2 - Distribution of informative material to motorists via a local newspaper, which is to be approved by the NHVR prior to publication.
Initiative 3 - Donation to Road Trauma Support Team.
Initiative 4 - Registering and Implementing an Electronic Work Diary (EWD) for a period of 12 months. If, after 12 months, SAADA intends to go back to a paper based National Work Diary (NWD) he is to advise the NHVR.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $1,425.

Victoria - Obligation holder Lance Michael VOTTA

Date accepted

30 January 2023

Date completed

4 October 2023

Alleged breach

On 11 May 2022, VOTTA, being an individual operator, drove a heavy vehicle that did not comply with the mass requirements applicable to the heavy vehicle which was contrary to section 96 of the Heavy Vehicle National Law (HVNL). The heavy vehicle was loaded with dirt.

The permitted drive axle mass was 9.00 tonnes. The vehicle's drive axle mass was weighed at 11.35 tonne. Taking into account the applicable mass adjustment, the vehicle's alleged mass was 10.85 tonne, an excess mass of 1.85 tonne. This is 120.56% of the prescribed mass limit.

The contravention of the mass requirement resulted in a severe risk breach.

Summary of undertaking

Initiative 1 - VOTTA will undertake a comprehensive training course by Mass Management. It will include training on Gross weight, axle group weights, interpreting maximum payloads, tare, GVM and GCM definitions. The training course will also cover Load Restraint, the NTC Load Restraint Guide, the NHVR National Heavy Vehicle Inspection Manual (NHVIM), driver and vehicle safety.

Initiative 2 - VOTTA will develop, with the assistance of Mass Management, a simple mass limits guide for smaller rigid body trucks, typical truck and dog trailer combinations which generally operate in the demolition, civil construction and landscaping sectors. The guide will be in the form of an A4-sized sticker highlighting the permitted typical maximum axle and gross masses. The sticker/guide will be distributed to landfill sites, landscaping supply business and civil construction business. The sticker could be affixed to these types of vehicles to increase awareness of the users of these vehicle types.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $2,200.

Victoria - Obligation holder Katoomba Trading Pty Ltd

Date accepted

29 November 2022

Date completed

19 March 2024

Alleged breach

Katoomba Trading Pty Ltd was considered as an 'essential services’ during this period when Victoria was under COVID-19 restrictions.

On 16 November 2020, authorised officers of the NHVR observed a heavy vehicle travelling south on Little Boundary Road, Laverton with the front of vehicle sitting very low to the ground.

An authorised officer intercepted the vehicle and spoke to the driver. The driver was directed to following the authorised officers to a weighbridge.The vehicle's mass was measured and the load was inspected. The vehicle was registered to Katoomba Trading Pty Ltd.

The mass detected at front was 6.2 tonnes while the rear was below the mass limit. Taking into account the applicable mass adjustment, the alleged front mass was 5.9 tonnes, which is 134% of the prescribed mass limit and a serious risk breach pursuant to the Heavy Vehicle (Mass, Dimension and Loading) National Regulations (MDL).

Summary of undertaking

Initiative 1 - Engagement with Main and Associates - Main and Associates have been appointed to do a total overview and assessment of safety protocols for the business along with establishing new processes to better monitor safety in the workplace. This will identify areas for improvement and establish stronger processes within the business. The estimated cost of this initiative is $35,000.
Initiative 2 – Controls – Mass Dimension and Loading - Staff will be tested for their knowledge of mass, dimension and loading regulations and configurations for the different States in Australia. Safe operating procedures will be developed, and all drivers will undergo training and will require written proof of completion. The estimated cost of this initiative is $3,300.
Initiative 3 – Contractor Management - A contract management plan will be developed to ensure all companies contracting to Katoomba Trading Pty Ltd comply with the regulations. Where required, companies will be audited by a third party of Katoomba Trading Pty Ltd’s choice. The estimated cost of this initiative is $5,000.
Initiative 4 – Management System Assurance – Internal Review - Internal reviews are to be completed by the department heads and senior management. The estimated cost of this initiative is $2,500.
Initiative 5 – Industry Awareness - Katoomba Trading Pty Ltd is to publish on their website and social media pages the Enforceable Undertaking and the Chain of Responsibility Manual. The estimated cost of this initiative is $1,000.
Initiative 6 – Program for Monitoring of above Initiatives - Katoomba Trading Pty Ltd will develop a plan and monitor the process for compliance with this enforceable undertaking and ensure it abides to the timelines.
Initiative 7 – Toolbox Talk with wider Industry Participants - Katoomba Trading Pty Ltd will engage with external training providers to host a Toolbox Talk. The Toolbox talk will emphasise the importance of dimension requirements and how each attendee can play their part in ensuring compliance and safety of all road user and infrastructure. Further, messages about fatigue, speed, mass, dimension, shifting loads, placing loads in and out of racking, weight management, loading and unloading, load restraints and vehicle road worthiness. There will be a minimum of 20 attendees. The estimated cost of this initiative is $7,500.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $69,785.

Extension granted on 7 February 2024 in relation to initiatives 6 and 7.

New South Wales - Obligation holder Origin Energy Services Limited

Date accepted

21 November 2022

Date completed

4 October 2023

Alleged breach

On 24 September 2021, a heavy vehicle failed to divert into a weighbridge as directed at 12-Mile in New South Wales. Origin Energy Services Limited (“OESL”) was the registered operator of this heavy vehicle. Between 21 November 2021 and 26 January 2022, three (3) Notices to Produce were issued to OESL requesting that it provide the name and home address of the driver of the heavy vehicle at the time of the alleged incident. No information was received in relation to any of the Notices.

On 17 March 2022, Transport for New South Wales commenced a prosecution by laying one (1) charge against OESL for failing to reply to the Notices. OESL offered to enter into an EU. The EU was considered and accepted by the NHVR after the NHVR took over the prosecution of OESL from Transport for New South Wales on 1 August 2022.

Summary of undertaking

Initiative 1 - OESL to develop a standard driver consequence management framework across all of Origin Energy’s business units to monitor and improve driver behaviour and safety. The estimated cost of the initiative is $365,000.

Initiative 2 - OESL will sponsor the Australian Institute of Health and Safety to deliver heavy vehicle safety forums to health and safety professionals across Australia. The estimated cost of the initiative is $15,000.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $380,000.

Victoria - Obligation holder StrathAyr Pty Ltd

Date accepted

7 November 2022

Date completed

6 November 2023

Alleged breach

It is alleged that on 13 July 2021 StrathAyr Pty Ltd (“StrathAyr”) permitted an employee to drive a heavy vehicle combination that did not comply with the mass requirements applicable to the heavy vehicle combination, contrary to section 96 of the HVNL.

The heavy vehicle combination was loaded with 17 pallets of grass/turf. The permitted tri-axle trailer group mass, for the trailer that formed part of the heavy vehicle combination, was 20,000kg. The tri-axle mass weighed 26,940kg. Taking into account the applicable mass adjustment of 500kg, the tri-axle’s alleged mass was 26,440kg, an excess mass of 6,440kg. This is 132% of the prescribed mass limit. The contravention of the mass requirement resulted in a severe risk breach.

On 10 February 2022 the Regulator commenced a prosecution by laying one (1) charge against StrathAyr for permitting another person to drive a heavy vehicle that did not comply with the applicable mass requirements, contrary to section 96 of the HVNL. On 14 October 2022 StrathAyr provided a signed EU to the Regulator for consideration. The EU was accepted on 7 November 2022. .

Summary of undertaking:

Initiative 1 - StrathAyr will provide comprehensive training on the HVNL to all heavy vehicle drivers and delivery logistics personnel within StrathAyr. Training will be provided by an accredited training provider and will be delivered in three stages. The estimated cost of the initiative is $10,000.
Initiative 2 - StrathAyr will submit an article to leading turf and landscaping trade associations for publication. The article will highlight learnings associated with StrathAyr’s alleged breach and Chain of Responsibility obligations for those within their industry. The estimated cost of the initiative is $5,000.
Initiative 3 - StrathAyr will implement will implement a Comprehensive Safety Management System. The estimated cost of the initiative is $5,000
Initiative 4 - StrathAyr will apply for entry into the National Heavy Vehicle Accreditation Scheme. The estimated cost of the initiative is $1,000.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $21,000.

New South Wales - Obligation holder Knight Rider Logistics Pty Ltd

Date accepted

12 October 2022

Date completed

18 January 2024

Alleged breach

On 11 May 2022, a heavy vehicle was directed to enter the Marulan North Heavy Vehicle Safety Station in New South Wales. The authorised officers performed a compliance check which revealed the vehicle was in breach of its dimension requirements under section 102(1)(b)(iii) of the HVNL.
The contravention of the requirements resulted in a severe risk breach. The vehicle’s permitted length was 25 metres. After the measurement adjustment was applied, the vehicle’s total length was 26.36 metres.

On 24 May 2022, Transport for New South Wales commenced a prosecution by laying one (1) charge against Knight Rider Logistics Pty Ltd for permitting another to drive a vehicle that did not comply with its dimension requirements (severe). Knight Rider Logistics Pty Ltd offered to enter into an EU. The EU was considered by the NHVR after the NHVR took carriage of the prosecution of the matter on 1 August 2022. The EU was accepted on 12 October 2022.
The term of the EU is two (2) years from the date of signature.

Summary of undertaking:

Initiative 1 – Knight Rider Logistics Pty Ltd to create and fill a role for a safety officer within the company to regularly inspect internal safety practices. The estimated cost of the initiative is $25,000.
Initiative 2 – Knight Rider Logistics Pty Ltd will enrol its internal stakeholders in a chain of responsibility course and/or similar safety course. The estimated cost of the initiative is $5,000.
Initiative 3 – Knight Rider Logistics Pty Ltd will ensure all external contractors sign appropriate documents regarding compliance with dimension and mass and allowing Knight Rider Logistics to terminate services if non-compliance becomes apparent. The estimated cost of the initiative is $100.
Initiative 4 – Knight Rider Logistics Pty Ltd will prepare and distribute an educational pamphlet on prescribed dimension requirements to the heavy vehicle industry. The estimated cost of the initiative is $2,500.
Initiative 5 – Knight Rider Logistics Pty Ltd will conduct a Toolbox Talk/seminar with the wider trucking community to emphasise, and educate the attendees on, the importance of heavy vehicle dimension requirements. The estimated cost of the initiative is $2,500.

The initiatives will be completed within 12 months of acceptance of the EU, with a total estimated cost of $35,100.

Extension granted on 17 April 2023 in relation to initiative 1, 3 and 5

Victoria - Obligation holder D.M. & M.T. Nolan Pty Ltd

Date accepted

29 August 2022

Date completed

21 September 2023

Alleged breach

It is alleged that on 25 October 2021, D.M. & M.T. Nolan Pty Ltd (“NOLAN”) permitted a person to drive a heavy vehicle that did not comply with the mass requirements, contrary to section 96(1)(c) of the Heavy Vehicle National Law (HVNL).

The heavy vehicle was directed to enter the BP at Boundary Road, Laverton. The authorised officers performed a compliance check which revealed the vehicle was in breach of its mass requirements under section 96(1)(c) of the HVNL. The heavy vehicle exceeded its permitted steer axle mass limit of 6,500kg. The alleged steer axle mass was 8,440kg, an excess mass of 1,940kg. This is 129% of the prescribed mass limit. The contravention of the mass requirement resulted in a severe risk breach.

On 1 March 2022, the Regulator commenced a prosecution by laying one (1) charge against NOLAN for permitting another person to drive a heavy vehicle that did not comply with the applicable mass requirements, contrary to section 96(1)(c) of the HVNL.

On 24 August 2022, NOLAN’s provided a signed EU to the Regulator for consideration. The EU was accepted on 29 August 2022.

Summary of the undertaking:

There were a total of 9 initiatives proposed as part of the EU.

Reviewing and updating training materials, as well as training staff and contractors in relation to mass, dimension and load restraint;
Identifying responsible parties in relation to mass responsibilities and consulting with employees about their understanding of their obligations and responsibilities;
Produce 5-to-10 minute training videos and update NOLAN’s website to provide access to the training videos and materials;
Provide and display stickers for all their heavy vehicles to display TARE and gross weights, as well as maximum permitted heights.

The initiatives will commence at various stages upon acceptance of the EU, with all initiatives to be completed by June 2023, with a total estimated cost of $31,431.

Extension granted on 31 January 2023 in relation to initiatives 2, 4 and 8 and 9.

Victoria - Obligation holder Horsham Rural City Council

Date accepted

15 August 2022

Date completed

3 April 2024

Alleged breach

On 7 July 2021 at Haven in the State of Victoria, Horsham Rural City Council (“HRCC”) was the operator of a heavy vehicle that failed to comply with the applicable mass limits of section 96(1) Heavy Vehicle National Law (HVNL). The heavy vehicle operated by HRCC on 7 July 2021, exceeded the heavy vehicle’s steer axle mass limit of 6.0 tonnes The steer axle mass was 7.6 tonnes or 126% of the prescribed mass limit. This is classified as a severe risk breach.

Summary of undertaking

Initiative 1 - Develop a Chain of Responsibility (CoR) management system, and develop and deliver extensive training on:
- CoR obligations and vehicle weight limits to an estimated 120 participants, including employees of HRCC, neighbouring councils, and local earth moving contractors;
- Load restraint training to an estimated 30 employees in HRCC operations team.
- The estimated cost of the initiative is $30,000.
Initiative 2 - Publish a synopsis of the EU and a link to the accepted EU on the HRCC website.
- There is no cost associated with this activity.

The initiatives will commence at various stages upon acceptance of the EU, with all initiatives to be completed by 30 November 2022, with a total estimated cost of $30,000.

Extension granted 28 November 2022 in relation to initiative 1.

Victoria - Obligation holder Downer EDI Works Pty Ltd

Date accepted

30 June 2022

Date completed

7 November 2023

Alleged breach

It is alleged that on 12 October 2020 at Merbein South in Victoria, Downer EDI Works Pty Ltd (‘Downer’) was the operator of a heavy vehicle that:

Failed to comply with the applicable mass limits contrary to section 96(1) of the Heavy Vehicle National Law (HVNL)

The heavy vehicle combination operated by Downer on 12 October 2020 exceeded the prescribed mass limits applying to the vehicle. The vehicle’s permitted mass was 20,000kg. The detected mass was 25,540kg. The detected mass after adjustment was 24,040kg. This is an excess mass of 4,040kg or 120.2%. The contravention of the mass requirements resulted in a severe risk breach.

On 27 May 2022, Downer wrote to the NHVR proposing an Enforceable Undertaking. This Enforceable undertaking was accepted on 30 June 2022.

Summary of undertaking

Initiative 1 - Employment of Compliance Manager and Comprehensive Knowledge Review - This initiative is to be completed within 11 months of the signing of the enforceable undertaking and the estimated cost of the initiative is $200,000.
Initiative 2 - Review of Training Processes and upgraded HVNL Document Suite - Downer will review the current training and education processes within the National Roads Business area to ensure the training provided is comprehensive and up to date. They will design and implement necessary improvements identified in the review and consider how improvements may be applied across Downer and to external service delivery partners. This will be completed with the aim of improving the safety and wellbeing of all parties within the chain of responsibility, therefore minimising risks to the community. This initiative is to be completed within 8 months of the signing of the enforceable undertaking. The estimated cost of the initiative is $50,000.
Initiative 3 – Development of Occupational health and Safety Body of Knowledge - Downer will develop a new Chain of Responsibility Chapter to be published as part of the OHS Body of Knowledge (‘OHS BoK’) publication addressing the risks associated with heavy vehicle operation and the interaction of the HVNL with WHS legislation. Downer will collaborate with the Australian Institute of Health and Safety (‘AIHS’) and the OHS BoK to develop the Chapter and facilitate its dissemination as a professional resource for workplace health and safety (‘WHS’) professionals in the broader transport and heavy vehicle community. The Chapter will benefit the WHS professionals to support a shared understanding of causation and control of work-related risks of injury resulting from HVNL breaches. The Chapter will be promoted by the AIHS and the OHS BoK on its platforms and through industry and professional development activities. Downer will disseminate and promote the Chapter to its relevant senior management, staff and contractors and support its dissemination across the broader transport industry. This initiative is to be completed within 12 months of the signing of the enforceable undertaking. The estimated cost of the initiative is $25,000.

The initiatives will commence at various stages upon acceptance of the EU, with all initiatives to be completed with 12 months of acceptance, with a total estimated cost of $275,000.

Extension granted 3 July 2023 to initiative 1 and 3.

Tasmania - Obligation holder Civilscape Contracting Tasmania Pty Ltd

Date accepted

27 June 2022

Date completed

21 September 2023

Alleged breach

It is alleged that on 11 February 2021 at Howth in Tasmania, Civilscape Contracting Tasmania Pty Ltd (“CCT”) was the operator of a heavy vehicle that:

Failed to comply with the applicable mass limits contrary to section 96(1) of the Heavy Vehicle National Law (HVNL)

The heavy vehicle operated by CCT had a permitted mass of 14.82 tonnes. The heavy vehicle’s alleged mass, taking into account mass adjustments, was 17.88 tonnes and was therefore loaded at 120% of its permitted mass. The contravention of the mass requirement resulted in a severe risk breach.

CCT wrote to the NHVR on 20 May 2022 proposing an enforceable undertaking. This enforceable undertaking was accepted on 27 June 2022.

Summary of undertaking

Initiative 1 – Online Webinar - CCT undertakes to organise, present, and record a one (1) hour webinar for the ‘Tasmanians in Transport’ Facebook page members. The webinar will feature the CCT Director, together with Legal Counsel, discussing the HVNL and their experience with the NHVR. The webinar will be recorded made available on the Tasmanians in Transport Facebook page. The initiative is to be completed within 3 months of the signing of the enforceable undertaking and the estimated cost of the initiative is $1,500
Initiative 2 – Training Program - CCT undertakes to organise a training program for all CCT staff members to be facilitated and presented by a reputable third-party training provider. The real time training will run for approximately four (4) hours and a nationally accredited statement of attainment will be provided to CCT upon completion. The initiative is to be completed within 6 months of the signing of the enforceable undertaking and the estimated cost of the initiative is $3,180
Initiative 3 – Mass management system - CCT undertake to immediately implement and monitor a system that allows CCT drivers and CCT management to ensure that all trucks and trailers are fully compliant with mass specifications prior to travel. CCT will compile all recorded weights of their heavy vehicles and combinations into a user-friendly document to be kept in all heavy vehicles and will show a breakdown of weight distributions for all possible combinations within their fleet. An external organisation will be used to audit the new documentation 6 months after implementation and then on a regular basis after this initial audit. The initiative is to be completed within 6 months of the signing of the enforceable undertaking and the estimated cost of the initiative is $10,145.
Initiative 4 – Donation to charity - CCT undertakes to make a donation to Motor Neuron Disease Association of Tasmania. The initiative is to be completed within 1 month of the signing of the enforceable undertaking and the estimated cost of the initiative is $1,000.

The initiatives will commence at various stages upon acceptance of the enforceable undertaking, with all initiatives to be completed within 12 months of acceptance, with a total estimated cost of $15,825.

Extension granted 26 September 2022 in relation to initiative 1.

Victoria - Obligation holder City 2 Sea Landscapes Pty Ltd

Date accepted

10 May 2022

Date completed

8 May 2023

Alleged breach

It is alleged that on 8 of April 2020 at Warragul in Victoria, City 2 Sea Landscapes Pty Ltd (“C2S”) was the operator of a heavy vehicle that;

Failed to comply with the applicable dimension limits contrary to section 102(1) of the Heavy Vehicle National Law (HVNL); and
Failed to comply with the applicable loading requirements contrary to section 111(1) of the HVNL.

The heavy vehicle combination operated by C2S on the 8th of April 2020 exceeded the prescribed rear overhang limits, that being the length limit applying to the vehicle. The trailer was loaded with timber planks that were observed to be extending beyond the rear of the trailer. The trailer’s permitted rear overhang was 1040mm. The detected rear overhang was 2140mm after adjustment. This is an excess rear overhang of 1,100mm. The contravention of the dimension requirements resulted in a severe risk breach.

Additionally, the load was not adequately secured and was observed by authorised officers to shift while in transit. The contravention of the loading requirement resulted in a substantial risk breach.

On the 4th of April 2022, C2S wrote to the NHVR proposing an enforceable undertaking. This enforceable undertaking was accepted on 10 May 2022.

Summary of undertaking

Initiative 1 - Chain of Responsibility Training - All C2S employees and management to undertake transport safety and Chain of Responsibility online awareness course, provided by an external established training provider. The course will cover the impacts associated with failing to manage transport safety risks, relevant legislation including the concept of “Chain of Responsibility”, and the role and responsibilities of parties within the supply chain. This initiative is to be completed within 6 months of the signing of the enforceable undertaking and the estimated cost of the initiative is $1,120.
Initiative 2 - Public Transport Safety Workshop - C2S will engage an external established training provider, to host a workshop for small local businesses in the Gippsland area (landscapers, tradespeople, etc) on heavy vehicle and road transport safety. C2S will promote the workshop to other small local businesses involved in the transport industry to invite them to attend free of charge. The workshop will aim to raise awareness of transport safety risks within the local community amongst similar sizes and types of businesses. The event will focus on emphasising important safety messages regarding fatigue, speed, mass, dimension, load restraint and vehicle roadworthiness within road transport and the practical steps that small businesses can take to comply with the HVNL. The workshop will be promoted in the local newspaper and on social media to encourage participation. C2S employees will attend as part of the workshop. C2S has included a minimum number of people in attendance, being at least 30 people. C2S have stated that they would invite the NHVR Stakeholder Engagement team to attend and/or assist where needed. This initiative is to be completed within 12 months of the signing of the enforceable undertaking. The estimated cost of the initiative is $6,000.

The initiatives will commence at various stages upon acceptance of the EU, with all initiatives to be completed within 12 months of acceptance, with a total estimated cost of $7,120.

Victoria - Obligation holder Cliffard McBride

Date accepted

3 May 2022

Date completed

2 February 2024

Alleged breach

On 4 August 2021, MCBRIDE was intercepted by NHVR authorised officers at Tallangatta in Victoria. At that time, and at all relevant times, he was driving a fatigue-regulated heavy vehicle, registration number (“the vehicle”). Inspection of MCBRIDE’s National Driver Work Diary revealed that between 1 July 2021 and 4 August 2021 MCBRIDE exceeded the standard work hour limit of 12 hours in a 24-hour period, on 13 separate occasions. Charges were laid in relation to these alleged breaches.

Summary of undertaking

Initiative 1 - Requires MCBRIDE to undertake chain of responsibility training to raise his awareness, knowledge and skills in relation to Heavy Vehicle National Law (HVNL) and Chain of Responsibility laws.
- Initiative 1 outcome: Chain of Responsibility training will raise MCBRIDE’s awareness, knowledge and skills in relation to HVNL and chain of responsibility
- Initiative 1 output: A copy of the training record will be submitted to NHVR as evidence of this deliverable.
- The estimated cost of the initiative is $3,650.
Initiative 2 - Extension granted until 31 January 2024. 1 x roll over awareness session delivered ATSSS session 3 x COR sessions to industry, including online sessions for accessibility with a focus on heavy vehicle safety including content in relation to CoR, fatigue management, speed management, mass management, load restraint, vehicle standards and heavy vehicle roll awareness, with provision to facilitate online if necessary.
- Initiative 2 outcome: Increased communication on this issue, which may influence other individuals in the industry to improve their standards. Training providers will have additional resources available to them.
- Initiative 2 output: A statement confirming that MCBRIDE has assisted and contributed at the training sessions will be provided by the training provider and submitted to NHVR.
- The estimated cost of the initiative is $12,000.
Initiative 3 - Requires MCBRIDE to engage a third-party provider to undertake a Chain of Responsibility audit of his business, to identify areas for improvement and best practice methods in relation to HVNL compliance. This will address operations in relation to fatigue management, mass and dimension management, load restraint, speed management and vehicle standards.
- Initiative 3 outcome: Identification of any additional opportunities for improvement while improving compliance and reducing risk of future contravention.
- Initiative 3 output: A copy of the audit report will be submitted to the NHVR.
- The estimated cost of the initiative is $3,000
Initiative 4 - Requires MCBRIDE to engage a service provider to assist with the development of a training package in relation to compliance with HVNL and Chain of Responsibility laws to benefit the industry.
- Initiative 4 outcome: The training package will raise the awareness in relation to HVNL and Chain of Responsibility laws which will benefit the industry.
- Initiative 4 output: A copy of the training package developed will be submitted to NHVR.
- The estimated cost of the initiative is $4,000.
Initiative 5 - Requires MCBRIDE to donate to the National Road Safety Partnership Program (“NRSPP”) to assist with the funding of initiatives in relation to heavy vehicle safety.
- Initiative 5 outcome: The donation will assist in funding NRSPP Toolbox Talks, development of a research paper, sponsorship of research projects and development of other resources which will assist in increasing the knowledge and awareness of heavy vehicle safety in the industry.
- Initiative 5 output: A copy of the donation transfer will be submitted to the NHVR.
- The donation will be in the sum of $5,000.
Initiative 6 - Requires MCBRIDE will obtain and implement an NHVR approved Electronic Work Diary (“EWD”) to assist with fatigue management compliance. He will provide all work activity recorded in the EWD to the NHVR for a period of 12 months.
- Initiative 6 outcome: Ensuring compliance with fatigue management and reduced risk of another breach.
- Initiative 6 output: A copy of the tax invoice from the purchase of the EWD will be provided to the NHVR and a copy of the completed work activity extracted from the EWD will be provided to the NHVR for a period of 12 months.
- The estimated cost of the initiative is $2,000.

The initiatives commenced immediately upon acceptance of the EU and will be completed within 12 months of acceptance, with a total estimated cost of $29,650.

Initiative 2 amended and extension granted 25 August 2023.

Victoria - Obligation holder Gavin Allan BONE

Date accepted

15 February 2022

Date completed

3 May 2023

Agreed breach

On 13 July 2020, BONE being an individual and part of a Family Partnership, failed to ensure his vehicle complied with the mass limits under the Heavy Vehicle National Law (HVNL) to ensure his vehicle complied with section 96 of the HVNL. The NHVR commenced a prosecution against BONE alleging the contravention of section 96 of the HVNL.

Summary of undertaking

Initiative 1 - Completion of a personalised course by Mass Management of 9 High St Eaglehawk, Victoria, 3556. Initiative 1 outcome is to bring greater awareness and specific knowledge to Mr Bone of all issues surrounding mass management and heavy vehicles. Mr Bone will have ongoing support if other issues arise. The estimated cost of the initiative is $800
Initiative 2 - Upon the completion of the Mass Management Course, Mr Bone will distribute information to the community to enhance the loading issues of heaving vehicle to the users of heavy vehicle in the same industry as Mr Bone. The information to be disseminated shall be gathered from the NHVR website and the Mass Management Course. The dissemination is most likely be a large sized classified type of insertion into a magazine called SPV that is distributed to the numerous potato farmers in Victoria. Initiative 2 outcome is to bring greater awareness and specific knowledge to the users of heavy vehicles and the wider community of issues surrounding the safe loading of heavy vehicles. The estimated cost of the initiative is $1,200.

The initiatives will commence immediately upon acceptance of the EU and will be completed within 12 months of acceptance, with a total estimated cost of $2,000.

Approval granted 28 November 2002 to publish article in alternate magazine.

Victoria - Obligation holder Pacific Hire Wangaratta Pty Ltd

Date accepted

9 February 2022

Date completed

24 March 2023

Alleged breach

It was alleged that on 29 September 2020 at Dandenong South in the State of Victoria, Pacific Hire Wangaratta Pty Ltd ("PHW") was the operator of a heavy vehicle that failed to comply with the applicable mass limits of section 96(1) of the Heavy Vehicle National Law (HVNL). The heavy vehicle operated by PHW on 29 September 2020, exceeded the prescribed twin steer axle mass limits of 11.0 tonnes applying to the vehicle, with an alleged mass of 15.40 tonnes.

Summary of undertaking

Initiative 1 - Load Restraint Training: All staff to be trained in safety regulations relating to load restraints. The estimated cost of this initiative is $4,500.
Initiative 2 - Creation of an in-house driver handbook: This handbook will complement the third party training to provide additional company-specific information. A copy of the handbook will be kept in each truck. Further, an electronic version of this publication will be made available to the industry, available for download from PHW’s website. This will be accompanied by a post on PHW’s Facebook and Instagram pages sharing a link to the publication for download, thereby promoting safety and benefiting the broader transport community. The estimated cost of the initiative is $9,380.
Initiative 3 - Elevated Work Platform (EWP), Forklift and Yellow Card Training: All staff to be trained in the operation and transport of high-risk equipment (EWP, yellow card and forklift training) for familiarisation of safe stowing for equipment. The estimated investment and cost of the initiative is $40,482.
Initiative 4 - Safety Management System Audit: PHW will conduct six-monthly audits and reviews of transport procedures and processes, implementing amendments as and when required, and discussed at monthly toolbox meetings conducted by senior management. The estimated investment and cost of the initiative will be absorbed into existing costs of senior management wages.

The initiatives will commence immediately upon acceptance of the EU and will be completed within 12 months of acceptance, with a total estimated cost of $54,362.

Queensland - Obligation holder Jonathan MATTISKE

Date accepted

7 February 2022

Date completed

12 April 2024

Between 18 February 2019 and 17 May 2019, MATTISKE being an executive of a legal entity, namely Goondicum, failed to exercise due diligence to ensure the legal entity complied with its primary duty under the Heavy Vehicle National Law (HVNL) to ensure safe transport activities, contrary to section 26D of the HVNL. Goondicum contravened the duty under section 26C and that contravention exposed contracted drivers, to a risk of death or serious injury.

The risk manifested and resulted in the death of Brock RODE on 17 May 2019 at Monto in Queensland.

Initiative 1 - Requires the development of a detailed HVNL Due Diligence Manual to enable companies and, more specifically, individual executives and managers to better understand their Chain of Responsibility obligations under the HVNL, and to develop their own personalised due diligence systems. Once completed, the HVNL Due Diligence Manual will be made available to the NHVR to distribute as it sees fit, and the industry generally. Initiative 1 outcome is simple but comprehensive manual suitable for an executive of a party in the Chain of Responsibility to develop their own personalised due diligence system in compliance with the HVNL. The estimated cost of the initiative is $10,000.
Initiative 2 - Requires the production of a video aimed at directors and executives of smaller scale operators in the industry. The video will commence with a personal account from MATTISKE of the incident and include a general summary of Chain of Responsibility obligations under the HVNL, and appropriate due diligence steps. Initiative 2 outcome is a high production value, engaging video widely disseminated with a focus on the HVNL Chain of Responsibility, including the personal responsibility of executives imposed by in the HVNL. The video will also cover the tools and resources available from the NHVR. The estimated cost of the initiative is $20,000.
Initiative 3 - Extension granted until 15 February 2024. Requires MATTISKE to prepare and present a paper to the Australian Institute of Directors and/or other bodies. The presentation is to be recorded and made available for dissemination throughout the industry free of charge. Initiative 3 outcome is a personalised and engaging presentation to industry, made broadly available. The estimated cost of the initiative is $6,000 (it is expected that half of this estimated cost will be attributed to the time MATTISKE will spend presenting).

The initiatives will commence immediately upon acceptance of the EU and will be completed within 12 months of acceptance, with a total estimated cost of $36,000.

Extension granted on 3 February 2023 in relation to initiatives 1 and 3.

Queensland - Obligation holder Mark McCauley

Date accepted

7 February 2022

Date completed

12 April 2024

Between 18 February 2019 and 17 May 2019, McCAULEY being an executive of a legal entity, namely Goondicum, failed to exercise due diligence to ensure the legal entity complied with its primary duty under the Heavy Vehicle National Law (HVNL) to ensure safe transport activities, contrary to section 26D of the HVNL. Goondicum contravened the duty under section 26C and that contravention exposed contracted drivers, to a risk of death or serious injury.

The risk manifested and resulted in the death of Brock RODE on 17 May 2019 at Monto in Queensland.

Initiative 1 - Requires the development of a detailed HVNL Due Diligence Manual to enable companies and, more specifically, individual executives and managers to better understand their Chain of Responsibility obligations under the HVNL, and to develop their own personalised due diligence systems. Once completed, the HVNL Due Diligence Manual will be made available to the NHVR to distribute as it sees fit, and the industry generally. Initiative 1 outcome is simple but comprehensive manual suitable for an executive of a party in the Chain of Responsibility to develop their own personalised due diligence system in compliance with the HVNL. The estimated cost of the initiative is $10,000.
Initiative 2 - Requires the production of a video aimed at directors and executives of smaller scale operators in the industry. The video will commence with a personal account from McCAULEY of the incident and include a general summary of Chain of Responsibility obligations under the HVNL, and appropriate due diligence steps. Initiative 2 outcome is a high production value, engaging video widely disseminated with a focus on the HVNL Chain of Responsibility, including the personal responsibility of executives imposed by in the HVNL. The video will also cover the tools and resources available from the NHVR. The estimated cost of the initiative is $20,000.
Initiative 3 - Extension granted until 15 February 2024. Requires McCAULEY to prepare and present a paper to the Australian Institute of Directors and/or other bodies. The presentation is to be recorded and made available for dissemination throughout the industry free of charge. Initiative 3 outcome is a personalised and engaging presentation to industry, made broadly available. The estimated cost of the initiative is $6,000 (it is expected that half of this estimated cost will be attributed to the time McCAULEY will spend presenting).

The initiatives will commence immediately upon acceptance of the EU and will be completed within 12 months of acceptance, with a total estimated cost of $36,000.

Extension granted on 3 February 2023 in relation to initiatives 1 and 3.

Victoria - Obligation holder Troy Heavy Haulage Pty Ltd

Date accepted

25 January 2022

Date completed

19 July 2023

Agreed breach

It is agreed that on 27 April 2020 at Wallan in the State of Victoria, Troy Heavy Haulage Pty Ltd (“THH”) was the operator of a heavy vehicle that failed to comply with the applicable mass limits of section 96(1) Heavy Vehicle National Law (HVNL). The heavy vehicle combination operated by Troy Heavy Haulage on 27 April 2020, was loaded at 191% of the prescribed mass limit. This is classified as a severe risk breach. Additionally, the heavy vehicle was travelling in a combination that required a permit. No permit had been issued for the combination. The combination exceeded the prescribed mass limits of 43.0 tonnes applying to the vehicle.

Summary of undertaking

Initiative 1 - Relevant staff will be tested for their knowledge of the mass, dimension and loading regulations for different configurations in different States and their understanding of specific permits, loading and restraining points. Additional training to be provided where required. The estimated cost of this initiative is $15,000.
Initiative 2 - A new Chain of Responsibility Manual will be created and tailored to the Troy Heavy Haulage operation. A smaller Drivers’ Manual to be adapted from this along with a comprehensive induction procedure to ensure that all current and new employees are aware of their responsibilities. Troy Heavy Haulage uses a Non-Conformance/Corrective Action (NCR/CA) system comprehensively and this will be included in the new Chain of Responsibility Manual and induction and training programs. The estimated cost of the initiative is $20,000.
Initiative 3 - Specific pre-trip checklists will be further developed, and drivers trained practically to ensure they conduct these mandatory inspections properly. This will also become part of the employee induction process. The estimated investment and cost of the initiative is $5,000.
Initiative 4 - A revised Safe Work Method Statement/Risk Assessment is to be implemented along with clear tolerances for speeding offences and disciplinary action to be taken. The estimated investment and cost of the initiative is $2,500.
Initiative 5 - Troy Heavy Haulage is commencing the process of becoming accredited in fatigue management. Safe Work Method Statement/Risk Assessment will be revised to show that the company understands the hierarchy of control for fatigue compliance. Troy Heavy Haulage will train drivers and the scheduler in Basic Fatigue Management. Further training will be introduced for work diary record management across the entire company including other parties in the supply chain. Driver health education is part of NHVAS Fatigue Management and will also be properly addressed. The estimated cost of the initiative is $7,500.
Initiative 6 - Systems will be reviewed to ensure they meet current standards and are consistent with insurance and workers compensation guidelines. As a result, training and procedures will be developed and implemented. The estimated cost of the initiative is $2,500.
Initiative 7 - A Subcontractor Management Plan will be developed to ensure all companies contracting to Troy Heavy Haulage comply with the regulations. Where required, subcontractors will be audited by Prodrive Compliance or another third party of Troy Heavy Haulage’s choice. The estimated cost of the initiative is $5,000.
Initiative 8 - External auditor reviews to be completed. The estimated cost of the initiative is $2,500.
Initiative 9 - Engagement of a permanent employee to carry out the correct and timely application of NHVR OSOM permits. Liaise with Road Managers to ensure the permit application process is completed in a timely manner and all requirements are met. Renewal of all permits as they expire and monitoring of legislation to ensure up to date information is recorded and issued to all relevant staff. Establishment of an OSOM permit register to ensure all permits are current and renewed in a timely manner. Training of all drivers and allocators in OSOM permit documents and OSOM legislation. The estimated cost of the initiative is $5,000.
Initiative 10 - The Enforceable undertaking and our Chain of Responsibility Manual will be published on the Troy Heavy Haulage web page. We will also provide an explanation of the breach of the HVNL and in particular reference to the 5 x 8 combinations and the requirements for route specific permits in Victoria and the difference compared to NSW. No further cost associated to Troy Heavy Haulage.

The initiatives will commence at various stages upon acceptance of the EU, with all initiatives to be completed with 12 months of acceptance, with a total estimated cost of $65,000.

Extension granted 22 April 2022 in relation to initiative 3.

New South Wales - Obligation holder Lindsay Transport Pty Ltd

Date accepted

8 November 2021

Date completed

21 December 2023

Alleged breach

Between 30 August 2018 and 14 November 2018, Lindsay Transport Pty Ltd (“Lindsay”) had a primary duty under the Heavy Vehicle National Law (HVNL) to ensure safe transport activities. Lindsay engaged in conduct and transport related activities that exposed one of its drivers to a risk of death or serious injury without a reasonable excuse.

The risk created by the conduct of Lindsay manifested and resulted in the death of a driver on 13 November 2018 at Loganlea in Queensland.

Summary of undertaking

Initiative 1 requires Lindsay to donate funds to a not-for-profit organisation or research/medical entity with a specific focus on heavy vehicle driver medicals. In particular, the focus of the research and/or works donated to should have a focus on the scope and frequency of driver medicals, health issues confronting long haul drivers, the changing demographic of long-haul drivers and their related medical needs, and/or a study into sleep apnoea and shift work. The estimated cost of the initiative is $125,000.
Initiative 2 requires Lindsay to engage an appropriate partner to design and develop a web-based driver education platform for the heavy vehicle industry that is to be made available to industry, provide highly engaging educational materials around key risks in the industry and is able to be adapted for use by other transport operators. The estimated cost of the initiative is $350,000-$450,000.
Initiative 3 requires Lindsay to engage a suitably qualified and experienced expert, with particular expertise in relation to the issue of sleep in the heavy vehicle industry, to review for best practice policies, procedures, and practices, across all of Lindsay Australia Limited’s transport activities. The estimated cost of the initiative is $50,000 - $75,000.
Initiative 4 requires Lindsay to Engage a suitably qualified and experienced expert, including a suitably qualified and experienced expert with expertise in relation to the issue of sleep in the heavy vehicle industry, to deliver a training program. The training is to be provided to internal management and focused on fitness to drive, scheduling and managing employees who present with sleep issues. The estimated cost of the initiative is $50,000 to $75,000.
Initiative 5 requires Lindsay to produce a video for use in the heavy vehicle industry covering:
- general fitness and health issues for transport industry/heavy vehicle worker/drivers
- fitness for work
- managing fatigue.
The video will be made available to industry, accompanied by a media campaign and free to be shared by third parties. The estimated cost of the initiative is $15,000 - $25,000.
Lindsay Transport will provide six-monthly compliance reports to the NHVR.

The total estimated cost of undertaking between $590,000 and $750,000.

Extension granted 4 November 2022 in relation to initiative 3.

New South Wales - Obligation holder Brother Nature Pty Ltd

Date accepted

27 September 2021

Date completed

17 April 2023

Alleged breach

On the 23 June 2021 a heavy vehicle combination operated by Brother Nature Pty Ltd was weighed at the New England Highway, Kankool NSW by Transport for New South Wales (“TfNSW”) Authorised Officers. The heavy vehicle towing a single axle trailer breached the trailer axle group weighing 1,020kg, breaching the permitted limit of 750kg (a severe mass breach of 136%).

Summary of undertaking

Formal training for personnel in transport safety laws that will enable the personnel to design, implement, practice and monitor correct transport systems to ensure safety and compliance in the future
Develop correct and complete systems and processes to be followed to ensure safety and compliance in the workplace with regard to transport activities
Develop training course for all existing and new team members, to educate and inspire regarding outcomes of activities 1 and 2, via a repeatable, digital format

The total estimated cost of undertaking $38,454.

New South Wales - Obligation holder J.J. Richards & Sons Pty Ltd

Date accepted

27 September 2021

Date completed

19 December 2022

Alleged breach

On 9 March 2021 a heavy vehicle operated by J.J. Richards & Sons Pty Ltd (“JJR”) was intercepted by Transport for New South Wales (“TfNSW”) Authorised Officers (“AO”). The heavy vehicle was intercepted on Northern Road, Penrith NSW. The vehicle was loaded with a JJR skip bin, the skip bin had been loaded with food scraps by a JJR customer. It is alleged that the heavy vehicle operated by JJR failed to comply with the loading requirements applying to the vehicle. TfNSW alleged that prior to and at the time of intercept the skip bin was leaking water onto the road surface, including vehicles following the JJR vehicle.

Summary of undertaking

Engagement of a specialist third party consultant, to identify, test and certify the load restraint requirements of the various container types within the business. The project will enable JJR to meet national transport standards
Broaden the Skip Truck Operator Handbook and subsequent training module to include specific training relevant to load requirements for RORO (“Roll on Roll Off”) drivers

The total estimated cost of undertaking $11,550.

Extension granted 1 November 2022 in relation to EU end date.

Victoria - Obligation holder Eifers Pty Ltd

Date accepted

8 September 2021

Date completed

31 October 2022

Alleged breach

On 22 October 2020 a heavy vehicle combination, consisting of a prime mover and 3-axle low loader was intercepted at Rosedale. The heavy vehicle was operated by Eifers Pty Ltd. The heavy vehicle was loaded with an excavator. It is alleged the low loader tri-axle group weighed 28.65 tonnes. This breached the allowed statutory limit of 20 tonnes, a severe risk breach of 143.25%.

The load restraint fitted to the combination that was restraining the excavator failed to meet the guidelines. The excavator digging bucket was loose on the deck with no load restraint holding the item in place, a substantial risk breach.

Summary of undertaking

Delivery of training course to all drivers and employees involved in loading heavy vehicles, to restrain and educate load restraint awareness and mass loading requirements
Issuing of a directive to all employees to view the ‘Effective Load Restraint’ webinar provided by Safe Work Australia
The review of procedures and the development of a written policy and procedure manual for employees for the loading of heavy vehicles and chain of responsibility requirements, which Eifers will direct employees to read and be bound by
Commitment to continue ISO9001, ISO45001 and ISO14001 certification
The development of a promotional video to promote Heavy Vehicle Road Safety and the Australian Road Safety Foundation’s ‘Take the Pledge’ program, to be to be featured on Eifer’s website and promoted to employees

The total estimated cost of undertaking $44,000.

Tasmania - Obligation holder Zezt Pty Ltd

Date accepted

18 August 2021

Date completed

1 November 2022

Alleged breach

On 1 July 2020 a heavy vehicle operated by Zezt Pty Ltd, was weighed at the Forest Farm weighbridge on the Bass Highway, Tasmania. It is alleged that the time the steer axle weighed 7.92 tonnes, a severe risk breach of 126.46% of the prescribed mass limit. This breached the allowed steer axle limit of 6.5 tonnes.

Summary of undertaking

Ensuring greater visibility of Chain of Responsibility (CoR) and compliance of contractors through use of iPRO platform
Undertaking CoR audits in line with planned schedule
Implementing of CoR training for distribution centre leads
Dissemination of information regarding the incident on 1 July 2020 and providing a case study
Introduction of driver Load Declaration Sheet, addressing whether the vehicle has been loaded in a way so that it is evenly distributed in compliance with applicable mass requirements
Regular review meetings with transport providers to monitor CoR compliance
All correspondence regarding transportation of products are now made via email instead of by phone to record actual requests made by Zezt to its transport providers

The total estimated cost of undertaking $23,430.

Victoria - Obligation holder Boss Logging Pty Ltd (Boss Forestry)

Please note: This Enforceable Undertaking has been completed.

Date accepted

16 July 2021

Date completed

1 July 2022

Alleged breach

On the 3 April 2020 a heavy vehicle operated by Boss Logging Pty Ltd, was weighed in Dargo. It is alleged that at the time the steer axle weighed 7,000kg, a substantial mass breach of 107.69%. Breaching the allowed limit of 6,500kg. The drive axle mass group weighed 28,350kg, an overload of 171.82%, a severe mass breach over the statutory limit of 16,500kg. The load restraint fitted to the combination that was restraining the excavator, failed to meet the guidelines.

Summary of undertaking

Delivery of a Chain of Responsibility (CoR) training course
Delivery of a CoR training course, for all management
Delivery of a load restraint training course
Expert review of load restraint and mass management
Assist in the development of a training and awareness program
Host a heavy vehicle safety barbeque
Produce a video to promote heavy vehicle safety in the community

The total estimated cost of undertaking $45,626.

New South Wales - Obligation holder YF Waste Services Pty Ltd (YF Waste)

Date accepted

7 May 2021

Date completed

3 February 2023

Alleged breach

It was alleged by Transport for NSW that on 12 August 2020, that YF Waste failed to comply with the mass requirements as required by section 96(1)(c) of the Heavy Vehicle National Law (HVNL).

Summary of undertaking

An undertaking given by YF Waste in relation to the above alleged breaches has been accepted by the NHVR and includes but is not limited to:

Training of all employees of the proper procedure to follow when arranging for the accurate heavy vehicle to be sent for collection
Driver training, to ensure that upon collection of customer’s skip bins, the heavy vehicle is weighed
Directive to all employees of the enhancements and rectifications to be enacted

This undertaking has a total minimum expenditure of $18,000.

New South Wales - Obligation holder Qube Ports Pty Limited (Qube)

Date accepted

30 September 2020

Date completed

1 December 2022

Alleged breach

It was alleged by Transport for NSW that on 19 November 2019 Qube failed to comply with the mass requirements as required by section 96(1)(c) of the Heavy Vehicle National Law (HVNL).

Summary of undertaking

An undertaking given by Qube in relation to the above alleged breaches has been accepted by the NHVR and includes but is not limited to:

Development of a Critical Risk Awareness video message campaign
Unbranded companion video messages for use by the broader industry
An externally conducted mass management review of existing Qube processes

This undertaking has a total minimum expenditure of $137,000.

New South Wales - Obligation holder Laing O’Rourke Australia Construction Pty Ltd (LORAC)

Date accepted

27 March 2020

Date completed

20 June 2022

Alleged breach

It was alleged by Roads and Maritime Services (RMS) that on 16 October 2018 and 24 May 2019 respectively LORAC failed to comply with the mass requirements as required by section 96(1)(c) of the Heavy Vehicle National Law (HVNL).

Summary of undertaking

An undertaking given by LORAC in relation to the above alleged breaches has been accepted by the NHVR and includes but is not limited to:

A commitment that the behaviour that led to the alleged contravention has ceased and will not reoccur
A commitment to the ongoing effective management of public risks associated with transport activities
The delivery of a Chain of Responsibility Online Training Course
The delivery of Face to Face Chain of Responsibility Training Workshops
Engaging a third-party to conduct a Transport Safety Management System Audit

This undertaking has a total minimum expenditure of $249,500.

Law & Policies

Enforceable undertakings

Factors considered

Types of outcomes

Queensland - Obligation holder Austral Masonry Pty Ltd

Date accepted

Alleged breach

Summary of undertaking

New South Wales - Obligation holder Justin Matthew LAVERS

Date accepted

Alleged breach

Summary of undertaking

New South Wales - Obligation holder Trojan Transport Pty Ltd

Date accepted

Alleged breach

Summary of undertaking

New South Wales - Obligation holder Nathan HARTGE

Date accepted

Date completed

Alleged breach

Summary of undertaking

New South Wales - Obligation holder Bhupinder Singh KHARAUD

Date accepted

Alleged breach

Summary of undertaking

New South Wales - Obligation holder Mulgoa Excavations Pty Ltd

Date accepted

Alleged breach

Summary of undertaking

New South Wales - Obligation holder Christopher Paul FORD

Date accepted

Alleged breach

Summary of undertaking

New South Wales - Obligation holder Country Wide Asphalt and Civil Pty Ltd

Date accepted

Date completed

Alleged breach

Summary of undertaking

New South Wales - Obligation holder Andrew Charles ALLEN

Date accepted

Date completed

Alleged breach

Summary of undertaking

New South Wales - Obligation holder Nelson Joseph TAKIWA and Tuks Excavations Pty Ltd

Date accepted

Date completed

Alleged breach

Summary of undertaking

New South Wales - Obligation holder David Gregory PAGE

Date accepted

Date completed

Alleged breach

Summary of undertaking

Victoria - Obligation holder Project Resources Australia Pty Ltd

Date accepted

Alleged breach

Summary of undertaking

New South Wales - Obligation holder Darren Craig MANTON

Date accepted

Date completed

Alleged breach

Summary of undertaking

New South Wales - Obligation holder Daniel William CABBAN

Date accepted

Date completed

Alleged breach

Summary of undertaking

New South Wales - Obligation holder David Joseph MURPHY and Northwest Recycling Centre Pty Ltd

Date accepted

Date completed

Alleged breach

Summary of undertaking

New South Wales – Obligation holder HD Logistics Pty Ltd

Date accepted

Date completed

Alleged breach

Summary of undertaking

New South Wales - Obligation holder Ferrycarrig Construction Pty Ltd

Date accepted

Date completed