The NHVR has revealed the latest details of a HVNL breach that has been punished
The National Heavy Vehicle Regulator (NHVR) has announced that a South Australian tow truck operator has been punished for a Heavy Vehicle National Law (HVNL) safety offence.
The operator received a custodial sentence under the HVNL after pleading guilty to a Category 1 offence involving a fatality.
The incident dates back to February 2019 when a 67-year-old man was killed when his truck rolled off the back of a tow truck.
The resulting SA Police investigation revealed the tow truck operator’s conduct was reckless by failing to ensure the safety of their transport activities.
The operator was charged with failing to comply with his safety duty, with the court imposing a custodial sentence of 10 months that was reduced to six months due to a guilty plea. This has since been suspended on good behaviour for two years.
Instead, a prohibition order was made to prevent the operator from engaging in any transport activities for 12 months, with the Category 1 offence being the most serious under the HVNL and holding a maximum of five years’ imprisonment.
Under the HVNL, heavy vehicle operators must perform safety checks and follow procedures every time the vehicle is used.
The NHVR recommends that all operators provide adequate information, training, instruction and/ or supervision of loading requirements, as well as procedures to drivers to ensure that heavy vehicles are loaded and restrained safely.