Defendant · no NHVR reference: fined $25,000, failure to produce, 17 November 2021

Party

Party

Defendant · no NHVR reference. The NHVR publishes court outcomes without the defendant's name.

Role

Operator

The proceeding

Decision

Convicted

Court

Burnie Magistrates Court (Local or Magistrates)

Jurisdiction

Tasmania

Hearing date

17 November 2021

Law

Heavy Vehicle National Law

Provisions

s 26(g)

Offence

Failure to produce

Incident

Fatality

Facts

The Defendant was an operator of a partnership. The Defendant's role included but was not limited to managing the partnerships transport activities and maintaining heavy vehicles. 49 heavy vehicles were registered and operated by the Defendant. The Defendant failed to implement adequate systems for inspection, fault finding, recording, maintenance and repairs of its heavy vehicles. Between 13 March 2019 to 19 November 2019, the Defendant was issued with 46 defect notices (4 major and 42 minor) as well as 2 infringement notices. Maintenance records kept by the Defendant revealed the frequency for inspection of the heavy vehicles were varied and sporadic. In some instances heavy vehicles remained uninspected and non-maintained for several years. A significant portion of vehicle maintenance was undertaken following the issue of defect notices, or following voluntary reports made by employed drivers. There were a total of 10 employed drivers during the relevant period. Further records revealed that the speedometer and odometer of a heavy vehicle was not working for approximately 3 weeks. The heavy vehicle was driven on roads during that time and the Defendant directed an employed driver to drive the heavy vehicle. The Defendant as an operator failed to ensure the safety of transport activities. The failure exposed individuals to a risk of death and/or serious injury. The Defendant failed to take reasonably practicable measures. The Defendant was required to produce 27 heavy vehicles as a result of a Notice issued by the NHVR. 11 heavy vehicles were produced. 10 of the 11 heavy vehicles were issued with defect notices. The Defendant failed to produce 16 heavy vehicles as they would not have passed inspection. The Defendant had no prior convictions.

As reported by NHVR.

Penalty

Fine

$25,000

Fines under s 26(g) on the register: $2,000 to $80,000, median $16,500 across 6 matters.

Orders

• Supervisory intervention order, 12 months

Prior history

The source states no prior history.

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)