Company · no NHVR reference: fined $8,000, mass, 6 July 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
- Guilty, no conviction recorded
- Court
- Melbourne Magistrates Court (Local or Magistrates)
- Jurisdiction
- Victoria
- Hearing date
- 6 July 2022
- Law
- Heavy Vehicle National Law
- Provisions
- s 102(1)(b)(iii), severe risk breach, s 102(1)(b)(ii), substantial risk breach, s 96(1)(c)
- Offence
- Mass
Facts
On 18 November 2021 a company was observed travelling in heavy vehicle, namely a 3-axle prime mover in a combination with a 2x4 (8 tyre load sharing dolly) and 4x8 (16 tyre low loader dolly float). The heavy vehicle was loaded with an excavator. The vehicle was detected on a non-approved route as per the Class 1 Load Carrying Vehicle Dimension Exemption Notice and the Class 1 Load Carrying Vehicle Mass Exemption Notice. The company did not have a permit for the trip. The company permitted a driver to drive the heavy vehicle without ensuring its components and load, complied with the applicable dimension and mass requirements applying to the vehicle. The statutory permitted length was 19m. The alleged length was 26.1m, an excess length of 7.1m (severe risk breach). The statutory permitted width was 2.5m. The alleged length was 4.23m, an excess width of 1.73m (severe risk breach). The statutory permitted height was 4.3m. The alleged height was 4.46m, an excess height of 160mm (substantial risk breach). The permitted mass was 43,000kg. The alleged mass of the vehicle was 80,860kg, an excess mass of 37,860kg. This is 188% of the prescribed mass limit (severe risk breach). The company entered a plea of guilty at the earliest opportunity and had two relevant prior matters.
As reported by NHVR.
Penalty
- Fine
- $8,000
Fines under s 102(1)(b)(iii) on the register: $500 to $70,000, median $6,300 across 40 matters. Fines under severe risk breach on the register: $5,000 to $10,000, median $8,000 across 4 matters. Fines under s 102(1)(b)(ii) on the register: $500 to $70,000, median $6,300 across 40 matters. Fines under substantial risk breach on the register: $800 to $8,000, median $8,000 across 3 matters. Fines under s 96(1)(c) on the register: $750 to $60,000, median $10,000 across 85 matters.
Orders
- Supervisory intervention order, 6 months
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 |
|---|---|---|---|---|---|
| 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 |
| 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 |
| Individual · name withheld | Mass | VIC | Enforceable undertaking accepted; enforceable undertaking | Date not stated | View the record of Individual, 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 |
Sources
- NHVR: Court outcomes (read 14 October 2026)
Something here wrong? Report an error and name the source that shows it.
Register entry ea-925a7420f687, as at 14 October 2026. How the register is built.