Defendant AS 2944: fined $75,000, primary duty, 21 April 2023
Party
- Party
- Defendant AS 2944. The NHVR publishes court outcomes without the defendant's name.
- Role
- Consignor
- Reference
- AS 2944
The proceeding
- Decision
- Convicted
- Court
- Melbourne Magistrates' Court (Local or Magistrates)
- Jurisdiction
- Victoria
- Hearing date
- 21 April 2023
- Law
- Heavy Vehicle National Law
- Provisions
- s 26(G)
- Offence
- Primary duty
- Incident
- Fatality
Facts
The accused was a consignor. Investigations revealed that the accused breached its primary safety duty by failing to implement effective systems and procedures to ensure heavy vehicles consigned by it were adequately loaded and restrained. On 11 November 2019, a heavy vehicle, a prime mover, towed a skeletal semi-trailer carrying a 40-foot shipping container with 26 tonnes of timber plywood. The heavy vehicle rolled over in Dandenong where no injuries or deaths resulted. The NHVR’s investigation revealed that the consignor had failed to: comply with its own Chain of Responsibility policy; ensure that Australian safety regulations were complied with by: filling gaps and void spaces suitable material; securing the load with nets or gates, using shoring bars to stabilise the load; and using non-slip surface material to prevent the load from shifting; provide overseas suppliers with instructions regarding compliance with Australian safety regulations; require records and photographs of the container’s load and restraint to be provided prior to shipping; and advise the driver and operator of the vehicle on how the load was restrained. The Magistrate stated that the offending is risk based and it was incredibly fortunate via sheer luck no one was killed; and that general deterrence is the most significant sentencing factor. The Company made significant improvements to its policies and procedures since the rollover having spent approximately $150,000.
As reported by NHVR.
Penalty
- Fine
- $75,000
Fines under s 26(G) on the register: $2,000 to $80,000, median $16,500 across 6 matters.
What the record would have shown
The risks in each transport activity, the control for each, and the dated evidence that the control was applied. How the record works →
Comparable actions
| Defendant | Offence | Jurisdiction | Decision | Date | Record |
|---|---|---|---|---|---|
| Crawfords Freightlines Pty Ltd | Primary duty | NSW | Convicted, fined $90,000 | 27 August 2021 | View the record of Crawfords Freightlines Pty Ltd, 27 August 2021 |
| Profect Construction Pty Ltd | Primary duty | NSW | Convicted, fined $45,000 | 4 November 2025 | View the record of Profect Construction Pty Ltd, 4 November 2025 |
| Capital Lines and Signs Pty Ltd | Primary duty | NSW | Convicted, fined $38,000 | 11 November 2024 | View the record of Capital Lines and Signs Pty Ltd, 11 November 2024 |
| Universal Propping & Supports Pty Ltd | Primary duty | NSW | Convicted, fined $150,000 | 1 September 2023 | View the record of Universal Propping & Supports Pty Ltd, 1 September 2023 |
| State Asphalt Services Pty Ltd | Primary duty | NSW | Convicted, fined $450,000 | 21 March 2025 | View the record of State Asphalt Services Pty Ltd, 21 March 2025 |
Sources
- NHVR: Court outcomes (read 14 October 2026)
Something here wrong? Report an error and name the source that shows it.
Register entry ea-d8b82039531d, as at 14 October 2026. How the register is built.