Company AS 17398: fined $7,500, dimension, 17 May 2024
Party
- Party
- Company AS 17398. The NHVR publishes court outcomes without the defendant's name.
- Type
- Company
- Role
- Role not stated
- Reference
- AS 17398
The proceeding
- Decision
- Convicted
- Court
- Moama Local Court (Local or Magistrates)
- Jurisdiction
- New South Wales
- Hearing date
- 17 May 2024
- Law
- Heavy Vehicle National Law
- Provisions
- s 102(1)(b)(iii)
- Offence
- Dimension
- Charges
- 1
Facts
On 9 November 2023, a heavy vehicle owned by the company was stopped by NHVR authorised officers at the Marulan South Heavy Vehicle Safety Station for the purpose of a compliance check under the Heavy Vehicle National Law. The prime mover was in combination with two Tautliner trailers and was carrying rolls of turf at the time of inspection. The authorised officers saw a bulge in the left side curtain of the rear trailer that was measured to be protruding 201mm from the trailer. The vehicle’s permitted dimension width was 2.5 meters. The load width dimension on the trailer was measured at 2.690 meters. There was an excess of 0.170 meters (170 cm). Further offences relating to breaching mass requirements were identified on the 2nd axle group minor breach, 3rd axle group substantive breach, and 4th axle group substantive breach. These breaches were referred to the Investigating Officer to issue penalty notices. A further offence was identified in the overall gross mass requirement substantive breach which was also referred to the Investigating Officer. The driver was interviewed and indicated that they raised the bulge in the side of the trailer with the company’s allocator, who told them it was OK. The company was charged with one offence under s 102(1)(b)(iii) of the HVNL for permitting the heavy vehicle to be used when it did not comply with its width dimension. The maximum penalty for a body corporate is $63,000. The company pleaded guilty at the first available opportunity. It informed the Court that it had received a penalty notice for a broken gate that it believed may have contributed to this offence. The Company operates 40+ trucks. Following this incident, it employed a new general manager and consulted with a mass management company. The load coordinator was counselled after incident.
As reported by NHVR.
Penalty
- Fine
- $7,500
Fines under s 102(1)(b)(iii) on the register: $500 to $70,000, median $6,300 across 40 matters.
What the record would have shown
The load's height, width and length measured against the vehicle's limits and any permit, recorded at dispatch. How the record works →
Comparable actions
| Defendant | Offence | Jurisdiction | Decision | Date | Record |
|---|---|---|---|---|---|
| Karl O’Sullivan | Other | NSW | Convicted, fined $7,500 | 1 May 2024 | View the record of Karl O’Sullivan, 1 May 2024 |
| Georgia Campbell | Other | NSW | Convicted, fined $5,000; other order | 19 February 2025 | View the record of Georgia Campbell, 19 February 2025 |
| Capital Lines and Signs Pty Ltd | Primary duty | NSW | Convicted, fined $38,000 | 11 November 2024 | View the record of Capital Lines and Signs Pty Ltd, 11 November 2024 |
| Profect Construction Pty Ltd | Primary duty | NSW | Convicted, fined $45,000 | 4 November 2025 | View the record of Profect Construction Pty Ltd, 4 November 2025 |
| Qube Ports Pty Ltd | Mass | NSW | Enforceable undertaking accepted; enforceable undertaking | Date not stated | View the record of Qube Ports Pty Ltd, Date not stated |
Sources
- NHVR: Court outcomes (read 14 October 2026)
Something here wrong? Report an error and name the source that shows it.
Register entry ea-4fecbdda5d0c, as at 14 October 2026. How the register is built.