Company AS 62012: fined $3,000, dimension, 28 November 2025

Party

Party

Company AS 62012. The NHVR publishes court outcomes without the defendant's name.

Type

Company

Role

Role not stated

Reference

AS 62012

The proceeding

Decision

Convicted

Court

Coffs Harbour Local Court (Local or Magistrates)

Jurisdiction

New South Wales

Hearing date

28 November 2025

Law

Heavy Vehicle National Law

Provisions

s 102(1)(b)(iii)

Offence

Dimension

Facts

On 11 June 2025, a truck and trailer were intercepted at Pine Creek HVSS. The width of the trailer was measured at 2.7m (allowed width was 2.5m). The two investigating officers gave evidence about the intercept, in particular, how they conducted the width measurement. Defence challenged how the width measurement was taken by asserting that the two points in the asymmetrical measurement were not directly opposite each other. Defence also attempted to raise a reasonable excuse defence by tendering extensive policy, procedure and training materials. The NHVR submitted that a reasonable excuse defence had not been raised because: the bins used on the trailer had failed numerous times before and kept being used the repairs done to the bins were not certified by an engineer or similar expert the driver’s pre start checklist did not mention width the documents tendered by the defendant did not mention width no formal refresher training was done with drivers to ensure understanding and compliance. The Court found: That the measurement had been done correctly. Regarding reasonable excuse, the Magistrate commented that they had to consider what the legislation is aimed at and what a reasonable person would consider to be a reasonable excuse – the legislation is aimed at public safety. It was accepted that bowing in the bins used on the trailers were a problem. Pre start checklist did not mention width (or dimension). The documents tendered by defence referenced drivers having to comply with the HVNL, but this is not the same as providing specific training. Company did not have formal refresher training.

As reported by NHVR.

Penalty

Fine

$3,000

Fines under s 102(1)(b)(iii) on the register: $500 to $70,000, median $6,300 across 40 matters.

Educational point

Supply a measuring device in every heavy vehicle (e.g. measuring tape or height stick). Provide all staff involved in the loading of heavy vehicles access to a measuring device (e.g. measuring tape or height stick). Identify the dimension requirements that apply to each heavy vehicle and communicate this to relevant staff, including loaders and drivers. Introduce a procedure to alert relevant staff when a load has the potential to cause a driver to breach the applicable dimension requirements. Require loaded vehicles to be measured and compared to the applicable dimension requirements prior to departure. Ensure that all policies and procedures are up-to-date, and that all relevant staff are familiar with the policies and procedures. Hold regular meetings, including Toolbox Talks, with staff. Ensure that all relevant staff are trained in mass, dimension and loading requirements. Ensure that all staff complete regular refresher courses in mass, dimension and loading requirements. Develop and implement a dimension sampling program (i.e. audit) to monitor dimension requirements and your compliance.

As reported by NHVR.

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)