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The NHVR has obtained two Commercial Benefits orders following two companies who attempted to profit by cutting corners on safety.
Commercial Benefits orders can be sought by the NHVR under the Heavy Vehicle National Law (HVNL) to ensure industry is doing the right thing. Any profit obtained through a breach of the HVNL can be recovered through this order in an amount up to three times greater than the profit received from the breach.
Types of offences that can result in the NHVR obtaining a commercial benefits order include breaches of mass or dimension requirements.
One of the two orders applied for by the NHVR involved a heavy vehicle that was intercepted and weighed at 120.6% of the vehicles permissible mass. The defendant was charged with one count of permitting a heavy vehicle to be driven while over mass – a severe risk breach.
NHVR Director of Prosecutions Belinda Hughes said that Commercial Benefits orders have been crucial in holding those companies to account who are profiting from breaking the law.
“We’ve been asked what we’re doing for companies that are profiting from offending or jeopardising safety to get ahead financially.” said Ms Hughes.
“Commercial Benefits orders are one way for us to address those concerns. No longer can a company benefit financially from offending. These orders calculate how much profit was made through breaking the law and then recovers that amount.”
“This means there is no financial benefit to offending – it’s not worth taking the risk.”
The NHVR is significantly maturing in becoming a modern and intelligence-led regulator that focuses regulatory action towards those who pose the greatest risks to road users. Using orders such as these, risks can be addressed and encourage safer practices.
For more information about NHVR prosecutions, visit www.nhvr.gov.au/law-policies/prosecutions