Company AS 38997: fined $20,000, other, 21 February 2025

Party

Party

Company AS 38997. The NHVR publishes court outcomes without the defendant's name.

Type

Company

Role

Role not stated

Reference

AS 38997

The proceeding

Decision

Convicted

Court

Liverpool Local Court (Local or Magistrates)

Jurisdiction

New South Wales

Hearing date

21 February 2025

Law

Heavy Vehicle National Law

Provisions

Schedule 2 cl 11(1) RTA 2013

Offence

Other

Facts

The company, being the registered operator of a chargeable heavy vehicle failed to notify Transport for NSW (TfNSW) of any change during the currency of the registration in the construction equipment configuration use or ownership of the heavy vehicle. Such change would be of such nature that registration charges or additional charges would be payable when the change occurred. The company permitted or authorised the use of the vehicle by another before notification was given to TfNSW. On 15 March 2024, the accused permitted a driver to drive heavy vehicle. On the same day the vehicle was registered with TfNSW for use with configuration code of SP3 or PM1. The correct configuration code for the use of the heavy vehicle was MR3 or RT2. The change would have resulted in additional charges to be payable. The difference in annual registration fees for a configuration code for SP3 or PM1 is $5,316, and an MR3 or RT2 is $10,727. A difference of $5411.00. On 24 January, the accused failed to appear at Liverpool Local Court, and the prosecution sought an adjournment for a second mention to give the accused the opportunity of fair process. On 21 February, the accused failed to attend the Liverpool Local Court for second mention. The Magistrate granted ex-parte and proceeded with the sentencing.

As reported by NHVR.

Penalty

Fine

$20,000

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)