NHVR accepts firm's undertaking over driver fine


Company responsibility in lieu of driver charges lauded by regulator

NHVR accepts firm's undertaking over driver fine
NHVR officers

 

The National Heavy Vehicle Regulator (NHVR) has accepted an enforceable undertaking (EU) worth $44,000 from Eifers Pty Ltd over driver breaches.

Such a move was secured in preference of obtaining a court ordered penalty against one of the company’s drivers.

The NHVR explained that an intercept by safety and compliance officers found that on October 22, 2019, a heavy vehicle operated by Eifers exceeded the prescribed mass limit and was in breach of the Heavy Vehicle National Law (HVNL).

The vehicle’s load was also inadequately restrained.

It is alleged the tri-axle of the heavy vehicle weighed 28,650kg – a severe breach over the allowed limit of 20,000kg.

It was also alleged an unrestrained excavator digging bucket was seen during the intercept.

The driver could have faced a conviction and fines up to $28,330 for the breaches.

However, on the acceptance of the EU the NHVR withdrew all charges against the driver.


More detail on other recent NHVR undertakings, here


NHVR director of prosecutions Belinda Hughes said the EU was an example of an operator taking an active role in setting the standard for the safety and wellbeing of its staff.

"Here we see an operator volunteer to improve its safety systems and demonstrate the importance of shared responsibility in ensuring safe operations on and off the road," she said.

"The measures committed by Eifers in this enforceable undertaking include industry-specific training on safety and risk management for all staff, in order to achieve fast and measurable improvements for its business operations."

Under the EU, the Victorian-based company must complete:

  • 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
  • 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
  • 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. 

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