Individual · no NHVR reference: convicted, load restraint, 11 July 2022

Party

Party

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

Type

Individual

Role

Role not stated

The proceeding

Decision

Convicted

Court

Frankston Magistrates Court (Local or Magistrates)

Jurisdiction

Victoria

Hearing date

11 July 2022

Law

Heavy Vehicle National Law

Provisions

s 30 Road Safety Act 1986 (17 July 2019), s 111(1)(a) HVNL (17 July 2019), minor risk breach, s 30 Road Safety Act 1986 (24 September 2019), s 111(1)(a) HVNL (24 September 2019), substantial risk breach, s 30 Road Safety Act 1986 (18 October 2021), s 32(3), Road Safety Act 1986 (18 October 2021)

Offence

Load restraint

Facts

On 17 July 2019 a driver was observed driving in Dandenong North and was intercepted by Victoria police. Licence checks were conducted which revealed that the driver’s licence had been disqualified as a result of a Traffic Infringement Notice for a period of 13 months. The heavy vehicle was loaded with an excavator that had been inadequately restrained. This was categorised as a minor risk breach. On 24 September 2019 the driver was again observed driving a heavy vehicle being an Isuzu tipper towing a semi tray in Brighton. The driver was intercepted by VicRoads authorised officers. Licence checks were conducted which revealed that the driver’s licence had been disqualified. The heavy vehicle was loaded with a 3,600kg excavator which had been inadequately restrained. It was restrained by one chain looped through the rear of the machine and one strap over the two stacked buckets of the machine and was unblocked. This was insufficient restraint. This was categorised as a substantial risk breach. On 18 October 2021 the driver was observed driving a heavy vehicle, being a Kenworth tipper and was intercepted by NHVR officers in Cranbourne. Licence checks revealed they were disqualified from driving. The reason for the disqualification was due to a previous drink driving matter. The driver made admissions that he did not advise his employer that his licence was disqualified. The driver had prior driving matters.

As reported by NHVR.

Penalty

Fine

Not stated

Fines under s 111(1)(a) HVNL (17 July 2019) on the register: $750 to $13,000, median $5,000 across 7 matters. Fines under s 111(1)(a) HVNL (24 September 2019) 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. Fines under s 32(3) on the register: $5,000 to $800,000, median $120,000 across 12 matters.

Orders

• Disqualification, 12 months

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)