The first NHVR prohibition order under the HVNL has been announced following a SA police investigation
The National Heavy Vehicle Regulator (NHVR) says it has handed down its first prohibition order under the Heavy Vehicle National Law (HVNL) against a former transport company director.
After thousands of driver records were found destroyed in a chemical bath of weed killer, a former transport company director has been convicted and fined in a South Australian court, following a lengthy investigation by South Australia Police.
The former director pleaded guilty for failure to exercise due diligence in complying with a safety duty and was fined $14,000.
A Prohibition Order was imposed for a period of 12 months, excluding the director from engaging in any transport activities. This order is the first Prohibition Order that has been made under the HVNL.
The interstate transport company was also convicted of one count of failing to comply with its safety duty. The court indicated a fine of $120,000 but was reduced to $84,000 due to a guilty plea.
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Acting Executive Director Statutory Compliance Belinda Hughes says the court result sent a strong message to the community that company executives who fail to meet their safety obligations will be held to account.
“Through records obtained from the investigation into the transport company, it was identified that the drivers regularly failed to comply with their minimum rest requirements, including false entries into work diaries,” Hughes says.
“Executives in particular must exercise their own personal due diligence obligations to check the company has ensured the safety of its transport activities, including the safety of all workers and independent contractors.”