NHVR files primary duties charges in South Australia


The National Heavy Vehicle Regulator (NHVR) has laid primary duties charges against an operator and company director in relation to a fatal incident at Clements Gap, South Australia.

NHVR Executive Director Ray Hassall said the charges came as a result of an investigation by specialist Major Crash and Heavy Vehicle investigation sections of the South Australia Police.

“This is a tragic incident, where someone lost their life, and these charges stem from a comprehensive investigation that found an alleged breach of the primary safety duty,” Ray said.

“The primary safety duty aims to ensure public safety with the use of heavy vehicles in transport activities and is an obligation attached to those in the chain of responsibility and to executives of entities engaged in a transport activity.”

The NHVR prosecution alleges that the defendant held a primary duty under the Heavy Vehicle National Law as the operator of a heavy vehicle engaged in heavy vehicle towing. This alleged breach by the defendant exposed an individual to a risk of death.

The matter was listed for the first time in the Port Pirie Magistrates Court on 16 November 2020 and has been adjourned to 15 December 2020.

If you have any concerns about industry safety or compliance, in your workplace or across the supply chain you can make a confidential report by calling the NHVR Heavy Vehicle Confidential Reporting Line on 1800 931 785.

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