Road managers
Accessibility tools
Improvement Notices
Improvement Notices can be used to address systemic failures or deficiencies in processes that have allowed a breach to occur. The purpose of an Improvement Notice is to:
- stop a contravention from continuing or occurring again
- remedy the matters or activities occasioning the contravention.
Improvement Notices focus on the outcome, rather than the method of achieving the outcome.
For example, if a quarry is having several over mass heavy vehicle combinations leaving their premises because they do not have measuring equipment available, then a remedy may be – for the quarry to implement a procedure and install equipment to safely and accurately weigh combinations that depart from the premises. The Improvement Notice will not detail the method of compliance by directing the quarry to install on board mass monitoring equipment on all heavy vehicle combinations that use the quarry.
It is an offence to not comply with an Improvement Notice unless there is a reasonable excuse, and non-compliance may lead to a prosecution. Improvement Notices can also be amended and revoked. Once an entity has complied with an Improvement Notice, the entity will be issued with an Improvement Notice Clearance Certificate.
Prohibition Notices
Prohibition Notices are used to stop activity that is constituting an immediate or imminent safety risk. Prohibition Notices may be issued when:
- an activity involving a heavy vehicle is occurring, and
- this activity involves (or will or may involve) an immediate or imminent risk to safety, and
- prohibiting this activity is the most effective and efficient manner to ensure safety under the circumstances.
Non-compliance with a Prohibition Notice is a serious contravention of the HVNL and may lead to further enforcement action, including prosecution. A Prohibition Notice ceases when the NHVR gives notice that they are satisfied that adequate action has been taken to remove the immediate or imminent safety risk.