Regulator's chain of responsibility precedent case delayed
The National Heavy Vehicle Regulator’s (NHVR’s) prosecution of a company and its director has been adjourned until June to allow the defence to consider the evidence against it.
The case will resume at the Dandenong Magistrates Court on June 18.
NHVR laid charges under new chain of responsibility (COR) laws against N Godfrey Haulage Pty Ltd and its director Nathan Godfrey in February.
The original announcement of this case is available here
The charges as against N Godfrey Haulage Pty Ltd are:
- Five counts of breach of s467 – compliance with (fatigue management) accreditation conditions.
As against Nathan Godfrey:
- Breach of s26D – duties of executive officer to ensure compliance with a safety duty. The safety duty alleged is the duty in s467 (compliance with accreditation conditions)
- Fail to comply with a notice under s569 to supply documents as requested.
The regulator noted an investigation of the firm was triggered by a tip-off to its confidential reporting line.