Requesting a review

Representations are a process by which you can write to the National Heavy Vehicle Regulator (NHVR) and request a review or withdrawal of an infringement notice/expiation notice or charge.

This page outlines the process of making representations to the NHVR. Legal advice is highly recommended but not always necessary.

Types of reviews

Breach/Offence report

Relates to an NHVR NSW Breach Report or NHVR Offence Report that has been issued by a NHVR Safety and Compliance Officer during an intercept.

Fine review

Relates to Penalty Infringement Notice, Infringement Notice or Expiation Notices issued by the NHVR.

Charge review

Relates to a charge which can be a Complaint and Summons, Information and Summons, Charge and Summons or a Court Attendance Notices. These relate to where you have been given a court date and are matters are listed before a court. 

Who can submit a representation to the NHVR?

Representations can be received directly from the customer, their legal representative, or from the Revenue Agencies.

Where do I submit my representations?

Breach/Offence report

You may write to NHVR Prosecutions at Prosecutions@nhvr.gov.au

Fine review

Follow the review steps listed on your Penalty Infringement Notice, Infringement Notice or Expiation Notice or you may write directly to NHVR Prosecutions Support at Prosecutions.Support@nhvr.gov.au

Charge review

You may write to NHVR Prosecutions at Prosecutions@nhvr.gov.au

When should I request a review?

You may consider writing to the NHVR when:

  1. you have a good defence and seeking leniency
  2. you would like to explain why the offence was committed and provide supporting evidence
  3. you believe the NHVR lacks evidence
  4. you don’t believe the prosecution is consistent with the NHVR Prosecution Policy (PDF, 243KB)
  5. you want to plead guilty but disagree with the NHVR's Summary of Facts.

What does the NHVR take into consideration when reviewing representations?

The NHVR will carefully review your application, consider the seriousness of the offence, safety risks, protection of public property and infrastructure, and any supporting documents you have supplied.

To ensure the process is fair and upholds public expectations of the NHVR there are a several considerations taken:

What are the possible outcomes?

The NHVR agrees with your request

The report, charge or fine may be withdrawn with no further action. You will be sent a letter or email advising you of this outcome.

The NHVR does not agree to your request

Breach/Offence report - You will be sent a decision letter or email advising you of this and the reasons why.

Fine review - You will be sent a decision letter or email advising you of this and the reasons why. The NHVR will also forward the representation outcome to the relevant Revenue Agency.

Charge review - You will be sent a decision letter or email advising you of this and there reasons why. Alternatively, you may be sent a Court Attendance Notice that will contain information of the charge.

How long should I wait to hear from the NHVR?

Breach/Offence report

You should receive a reply within 21 days from the NHVR in response to your representation.

Fine review

You should allow 42 days for a reply.  During this period, your fine will be placed on hold with the jurisdictional revenue agency.

For fines issued in QLD, you will receive an updated notice reflecting a 42-day extension for payment. This extension period accommodates the time required to review your representation and provide you with a decision.

Charge review

You should allow 14 working days to hear back from the NHVR in response to your representations. If the NHVR does not respond, you may ask the Registrar or Magistrate to adjourn your case until a decision is made or talk to the prosecutor at court.

Further information

Going to court - Understand what your obligations are before, during and after a court appearance. Also lists options for obtaining free legal advice in your state or territory.