Company AS 12839: convicted, mass, 27 February 2025
Party
- Party
- Company AS 12839. The NHVR publishes court outcomes without the defendant's name.
- Type
- Company
- Role
- Role not stated
- Reference
- AS 12839
The proceeding
- Decision
- Convicted
- Court
- Ringwood Magistrates Court (Local or Magistrates)
- Jurisdiction
- Victoria
- Hearing date
- 27 February 2025
- Law
- Heavy Vehicle National Law
- Provisions
- s 96(1)(c), s 102(1)(iii)
- Offence
- Mass
Facts
On 27 July 2023 NHVR SCOs intercepted a heavy vehicle which was owned and operated by the corporate defendant. It was loaded with a concrete beam. The driver produced an OSOM permit to the SCOs. As the vehicle and its load failed to comply with the load by exceeding the relevant mass and dimension limits, the permit did not apply. As a result, the following breaches of the HVNL were detected: 1 x s 96(1)(c) – Severe mass breach; 2 x s 102(1)(iii)– Severe dimension breach: 1 x length 1 x width. The vehicle and its load was 274% of its permitted mass, one of the most serious breaches of its kind.
As reported by NHVR.
Penalty
- Fine
- Not stated
Fines under s 96(1)(c) on the register: $750 to $60,000, median $10,000 across 85 matters. Fines under s 102(1)(iii) on the register: $500 to $70,000, median $6,300 across 40 matters.
Prior history
The source states a prior history.
Educational point
A defendant that has had a Supervisory Intervention Order (SIO) imposed in the past and a history of offending will not be afforded significant leniency in sentencing in circumstances where that party is established as being familiar with the law and that it should have addressed the breach prior to its occurrence.
As reported by NHVR.
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)
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Register entry ea-d19f37a018b4, as at 14 October 2026. How the register is built.