NHVR secures first supervisory intervention order against driver

Educational focus sees mandatory load restraint course after breach

NHVR secures first supervisory intervention order against driver
The national regulator says it is focusing on education in its enforcement approach


A driver who breached load and dimension requirements must complete an educational course as part of the National Heavy Vehicle Regulator’s (NHVR’s) first successful supervisory intervention order (SIO).

The regulator highlights the importance of ongoing heavy vehicle safety education within the industry following the first outcome of this kind in Victoria.

The matter relates to the intercept of a heavy vehicle in March 2020 where the driver failed to comply with loading and dimension requirements under the Heavy Vehicle National Law (HVNL).

Evidence presented in court displayed unsecured, exposed heavy pieces of metal on top of each other that "had the propensity to become dislodged".

The NHVR approved a first company enforceable undertaking last year

The load was deemed high risk with the possibility to cause serious injury and/or death to the driver or other road users.

Given the seriousness of the incident, a magistrate issued a fine and granted an SIO for the driver to complete a load restraint course within 12 months, the regulator reports.

NHVR executive director of statutory compliance Ray Hassall notes the NHVR is committed to providing ongoing education across the industry as part of the prosecution process.

"The driver had a choice to load his vehicle safely and travel safely, and neither of these options were taken," Hassall says.

"In this instance, our recommendation to the judicial system was that the driver seek mandatory education before being allowed to drive a heavy vehicle again."


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