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The National Heavy Vehicle Regulator (NHVR) has prosecuted two Tasmanian operators for unsafe vehicles and fatigue-related offences, resulting in $27,000 in fines and court ordered Supervisory Intervention Orders (SIOs).
An investigation by the NHVR found the first operator, an individual, failed to provide safe and compliant heavy vehicles, and implement adequate systems to inspect and repair defects in its heavy vehicle fleet.
The second operator, a freight and transport company, was found to have instructed drivers to operate heavy vehicles beyond the maximum standard work hours and impaired by fatigue.
NHVR Director of Prosecutions Belinda Hughes said the prosecutions marked two significant milestones for the NHVR, which would help improve safety across the entire heavy vehicle supply chain.
“The first matter is significant as it is the first court decision of a primary duty category two offence, which means the operator exposed it's drivers to a risk of illness, injury or death,” Ms Hughes said.
“The conviction resulted in a $25,000 fine and a 12-month SIO, which requires the operator to present its heavy vehicle fleet for an authorised inspection, at commencement and near completion of the Order.
“If any vehicles are deemed unroadworthy the defects must be rectified within six weeks and presented again from re-inspection. Vehicle standards and maintenance education must be completed and paid by the individual.
“The sentence is designed to deter the individual from repeating the offence, condemns the actions that led to the offence, and protects the safety of the industry and broader community.
The second matter was the first time an SIO was recorded for a company.
“Investigations found the fatigue breaches were the result of unsafe, prohibited requests made by the company to its staff.
“The company received a conviction, $2,000 fine and a 12-month SIO valued at $11,000 where a chain of responsibility expert will be enlisted to develop and deliver an onsite training program, report and action plan to all employees.”
Evidence must be given to the NHVR to show every condition outlined in both SIOs have been met to avoid further prosecution.
For more information go to www.nhvr.gov.au/law-policies/court-outcomes