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

7 May 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

27 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

Victoria

Obligation holder - Boss Logging Pty Ltd (Boss Forestry)

Date accepted

16 July 2021

Alleged breach

On the 3 April 2020 a heavy vehicle operated by Boss Logging Pty Ltd, was weighed in Dargo. It is alleged that at the time the steer axle weighed 7,000kg, a substantial mass breach of 107.69%. Breaching the allowed limit of 6,500kg. The drive axle mass group weighed 28,350kg, an overload of 171.82%, a severe mass breach over the statutory limit of 16,500kg. The load restraint fitted to the combination that was restraining the excavator, failed to meet the guidelines.

Summary of undertaking

  • Delivery of a Chain of Responsibility (CoR) training course
  • Delivery of a CoR training course, for all management
  • Delivery of a load restraint training course
  • Expert review of load restraint and mass management
  • Assist in the development of a training and awareness program
  • Host a heavy vehicle safety barbeque
  • Produce a video to promote heavy vehicle safety in the community

Total estimated cost of undertaking $45,626.