Enforceable undertakings

In the event of an alleged contravention of the HVNL the NHVR, as an alternative to prosecution, may accept an enforceable undertaking (EU) given by the person who is alleged to have committed the contravention.

New South Wales

Obligation holder - YF Waste Services Pty Ltd (YF Waste)

Date accepted

1 April 2021

Alleged breach

It was alleged by Transport for NSW that on 12 August 2020, that YF Waste failed to comply with the mass requirements as required by s 96(1)(c) of the Heavy Vehicle National Law (HVNL).

Summary of undertaking

An undertaking given by YF Waste in relation to the above alleged breaches has been accepted by the NHVR and includes but is not limited to:

  • Training of all employees of the proper procedure to follow when arranging for the accurate heavy vehicle to be sent for collection
  • Driver training, to ensure that upon collection of customer’s skip bins, the heavy vehicle is weighed
  • Directive to all employees of the enhancements and rectifications to be enacted

This undertaking has a total minimum expenditure of $18,000

Obligation holder - Qube Ports Pty Limited (Qube)

Date accepted

30 September 2020

Alleged breach

It was alleged by Transport for NSW that on 19 November 2019 Qube failed to comply with the mass requirements as required by s 96(1)(c) of the Heavy Vehicle National Law (HVNL).

Summary of undertaking

An undertaking given by Qube in relation to the above alleged breaches has been accepted by the NHVR and includes but is not limited to:

  • Development of a Critical Risk Awareness video message campaign
  • Unbranded companion video messages for use by the broader industry
  • An externally conducted mass management review of existing Qube processes

This undertaking has a total minimum expenditure of $137,000

Obligation holder - Laing O’Rourke Australia Construction Pty Ltd (LORAC)

Date accepted

25 March 2020

Alleged breach

It was alleged by Roads and Maritime Services (RMS) that on 16 October 2018 and 24 May 2019 respectively LORAC failed to comply with the mass requirements as required by s 96(1)(c) of the Heavy Vehicle National Law (HVNL).

Summary of undertaking

An undertaking given by LORAC in relation to the above alleged breaches has been accepted by the NHVR and includes but is not limited to:

  • A commitment that the behaviour that led to the alleged contravention has ceased and will not reoccur
  • A commitment to the ongoing effective management of public risks associated with transport activities
  • The delivery of a Chain of Responsibility Online Training Course
  • The delivery of Face to Face Chain of Responsibility Training Workshops
  • Engaging a third-party to conduct a Transport Safety Management System Audit

This undertaking has a total minimum expenditure of $249,500