Defendant · no NHVR reference: fined $6,000, mass, 25 June 2021
Party
- Party
- Defendant · no NHVR reference. The NHVR publishes court outcomes without the defendant's name.
- Role
- Role not stated
The proceeding
- Decision
- Convicted
- Court
- Downing Centre Local Court (Local or Magistrates)
- Jurisdiction
- New South Wales
- Hearing date
- 25 June 2021
- Law
- Heavy Vehicle National Law
- Provisions
- s 96(1)(c)
- Offence
- Mass
Facts
Permit another person to drive a heavy vehicle not complying with mass requirement – severe risk breach. The vehicle's permitted mass on the first axle was 6 tonnes. On this occasion, the mass of the first axle was assessed at 7.25 tonnes; being a 20.8% overload. NHVR submissions: The overload, combined with defective brakes and tyres, presented a real safety risk to community. The lack of driver training elevated the objective seriousness of the offending. Defendant’s submissions: They are a small company. They are remorseful and had taken steps to correct the issues evidenced by the driver handbook (tendered). Issues arising from the COVID-19 pandemic meant training was not at the forefront of their consideration at the time. A forklift was used to make the corrections so weight was evenly distributed over the axles.
As reported by NHVR.
Penalty
- Fine
- $6,000
Fines under s 96(1)(c) on the register: $750 to $60,000, median $10,000 across 85 matters.
What the record would have shown
The loaded mass, weighed or calculated against the vehicle's limits before it left the site, kept with the consignment record. How the record works →
Comparable actions
| Defendant | Offence | Jurisdiction | Decision | Date | Record |
|---|---|---|---|---|---|
| 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 |
| Laing O’Rourke Australia Construction Pty Ltd | Mass | Not stated | Enforceable undertaking accepted; enforceable undertaking | Date not stated | View the record of Laing O’Rourke Australia Construction Pty Ltd, Date not stated |
| Ferrycarrig Construction Pty Ltd | Mass | Not stated | Enforceable undertaking accepted; enforceable undertaking | Date not stated | View the record of Ferrycarrig Construction Pty Ltd, Date not stated |
| Zezt Pty Ltd | Mass | Not stated | Enforceable undertaking accepted; enforceable undertaking | Date not stated | View the record of Zezt Pty Ltd, Date not stated |
| Eifers Pty Ltd | Mass | Not stated | Enforceable undertaking accepted; enforceable undertaking | Date not stated | View the record of Eifers 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-541ae2ab8f06, as at 14 October 2026. How the register is built.