Company AS 63407: fined $20,000, mass, 16 February 2026

Party

Party

Company AS 63407. The NHVR publishes court outcomes without the defendant's name.

Type

Company

Role

Role not stated

Reference

AS 63407

The proceeding

Decision

Convicted

Court

Parramatta Local Court (Local or Magistrates)

Jurisdiction

New South Wales

Hearing date

16 February 2026

Law

Heavy Vehicle National Law

Provisions

s 96(1)(c)

Offence

Mass

Facts

On 30 August 2025, Authorised Officers of the National Heavy Vehicle Regulator intercepted a prime mover low loader heavy vehicle at Pacific Motorway, Mount White. It was carrying an excavator. The heavy vehicle was registered to the Defendant company and has a GVM of 28.2 tonnes. Authorised Officers spoke to the driver and inspected the vehicle, its components, and its load. Charge 1 - Failure to comply with severe mass requirements. Section 96 of the Heavy Vehicle National Law requires a person who permits another to drive a heavy vehicle on a road, to ensure the vehicle, its components and load, comply with the mass requirements applying to the vehicle. The mass requirements are prescribed by Part 2 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. The Accused permitted a person, to drive the vehicle from Gosford to Parramatta New South Wales. The vehicle's permitted axle 7 group mass is 20 tonnes. The vehicle's measured axle mass was weighed at 62.96 tonnes. Taking into account the applicable mass adjustment, the vehicle's assessed mass was 61.07 tonnes, an excess mass of 41.07 tonnes or 305% overload of the maximum permissible mass. The contravention of the vehicle's permitted axle mass resulted in a severe risk breach with a maximum penalty of $182,600 fine. Further checks of the vehicle gross mass revealed that it was 198% overload of the permissible mass limit. The vehicle permissible gross mass limit was 42.5 tonnes. The vehicle's measured gross mass was weighed at 85.68 tonnes. Taking into account the applicable mass adjustment, the vehicle's assessed mass was 84.38 tonnes, an excess mass of 41.88 tonnes or 198% overload of the maximum permissible mass. The contravention of the vehicle's permitted gross mass also resulted in a severe risk breach. When spoken to the driver they explained that the Director authorised them to drive the heavy vehicle with the load. That they were unaware of the allowable mass limit for the vehicle. The vehicle had exceeded the (OSOM) Oversize Over Mass notice/permit allowable limit therefore the breach is calculated under general notice or (CML) Concessional Mass Limit. The Accused was not charged for the severe risk gross mass breach. On the 16 February 2026 the matter was called at the Parramatta Local Court. The Magistrate stated that they found this breach to be one of the worst breaches they had seen. There is a need for specific and general deterrence, and a modest fine is required.

As reported by NHVR.

Penalty

Fine

$20,000

Fines under s 96(1)(c) on the register: $750 to $60,000, median $10,000 across 85 matters.

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)