← The register · Load restraint
Company · no NHVR reference: fined $8,000, load restraint, 4 August 2022
Party
- Party
- Company · no NHVR reference. The NHVR publishes court outcomes without the defendant's name.
- Type
- Company
- Role
- Role not stated
The proceeding
- Decision
- Convicted
- Court
- Dandenong Magistrates Court (Local or Magistrates)
- Jurisdiction
- Victoria
- Hearing date
- 4 August 2022
- Law
- Heavy Vehicle National Law
- Provisions
- s 96(1)(c), severe risk breach, s 111(1)(b), substantial risk breach
- Offence
- Load restraint
Facts
On 17 June 2020 a company was observed travelling in prime mover compromising of one, two tyred steer axle, together with one, eight tyred dual-drive tandem axle group. It was towing a two-axle sixteen tyred low loader dolly, which was connected to a five-axle forty tyred low loader. The heavy vehicle was loaded with a Tadano crane. The company allowed the vehicle to travel on a non-approved route as per the Multi-State Class 1 Load Carrying Vehicle Mass Exemption Notice 2020 (No. 1) Schedule 4. A permit was produced but this permit was not valid for the trip. The company permitted a driver to drive the heavy vehicle without ensuring its components and load, complied with the applicable loading and mass requirements applying to the vehicle. The statutory permitted mass was 43,000kg. The alleged mass was 102,400kg. This is 238% of the prescribed mass limits (severe risk breach). The load, the Tadano crane weighed 57,900kg. The way it was loaded did not comply with the performance standards. This resulted in a substantial risk breach. It did not comply with the Load Restraint Guide, specifically: The load had rubber tyres which was sitting on smooth unpainted steel deck providing a medium friction coefficient; There were a total of eight 10mm chains crossed with two chains on each of the number 1,2,4 and 5 axles of the crane; The chains were in a single string format, tensioned by one ratchet dog per chain; It was observed that one of the open winged hooks of the ratchet dogs was hooked directly onto the load deck of the trailer with the other end being connected to the chain. The company entered a plea of guilty and had two relevant prior court matters.
As reported by NHVR.
Penalty
- Fine
- $8,000
Fines under s 96(1)(c) on the register: $750 to $60,000, median $10,000 across 85 matters. Fines under severe risk breach on the register: $5,000 to $10,000, median $8,000 across 4 matters. Fines under s 111(1)(b) on the register: $750 to $13,000, median $5,000 across 7 matters. Fines under substantial risk breach on the register: $800 to $8,000, median $8,000 across 3 matters.
Orders
- Supervisory intervention order, 6 months
What the record would have shown
The restraint method for the load as carried, checked against the Load Restraint Guide before departure, signed and dated. How the record works →
Comparable actions
| Defendant | Offence | Jurisdiction | Decision | Date | Record |
|---|---|---|---|---|---|
| J.J. Richards & Sons Pty Ltd | Load restraint | Not stated | Enforceable undertaking accepted; enforceable undertaking | Date not stated | View the record of J.J. Richards & Sons Pty Ltd, Date not stated |
| 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 |
Sources
- NHVR: Court outcomes (read 14 October 2026)
Something here wrong? Report an error and name the source that shows it.
Register entry ea-69ef38d9ed4d, as at 14 October 2026. How the register is built.