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A Melbourne-based scrap metal company and its three Directors have been prosecuted for failing to implement systems and procedures to manage the legal mass limits of their loads after 69 mass limit breaches were detected.
National Heavy Vehicle Regulator (NHVR) Safety and Compliance Officers intercepted one of the company’s heavy vehicles in April 2021 which was loaded at 120.42% of the prescribed mass limit.
Following this incident, an investigation into the company’s business practices identified 69 mass limit breaches over a two-year period – 24 of which were severe risk breaches. A severe risk breach is where a load is at 120% of its mass limit or over.
The company pleaded guilty to a Category 1 offence - the most serious offence under the Heavy Vehicle National Law (HVNL) – with a conviction recorded and a fine of $180,000 imposed.
The three Directors of the company also pleaded guilty to offences involving failure to exercise due diligence and ensure the safety of their transport activities, and received fines of $8,500, $7,000, and $7,000.
NHVR Acting Director of Prosecutions Elim Chan said a heavy vehicle overloaded past its mass limits increased the safety risk to both the operator of the vehicle and light vehicle drivers.
“Heavy vehicles which are loaded or operated beyond their prescribed mass limit pose a serious risk to public safety as the excess load compromises the stability, steering, performance and braking capability of a heavy vehicle,” Ms Chan said.
“It’s imperative to have systems and procedures in place to ensure drivers and loaders are adequately trained in their roles to enable ongoing compliance with the Heavy Vehicle National Law and to keep drivers and members of the public safe.”
The NHVR has tools and guides available online to assist with loading requirements.
More information is also available about NHVR prosecutions.