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The National Operations Manager of a transport company was found guilty on 4 December 2023 of a category 1 offence under the Heavy Vehicle National Law for breaching their duty as an operator and was sentenced on 23 January 2024.
This follows the establishment of Taskforce Paragon, an investigation by Victoria Police, after a heavy vehicle collided with and killed four Victoria Police officers on the Eastern Freeway in Melbourne on 22 April 2020.
The Manager was charged by the NHVR for failing to fulfil their primary duty as an operator and has been sentenced to three years imprisonment.
NHVR Executive Director Statutory Compliance, Raymond Hassall, says this ruling shows our commitment to road safety and the power of the HVNL.
“We don’t just urge, but we challenge all companies to critically review and strengthen their fatigue management practices. These systems are crucial for ensuring the safety of drivers and the public,” Mr Hassall said.
NHVR Director of Prosecutions, Belinda Hughes says we’re not just emphasising the need for proper fatigue management systems.
“Fatigue isn’t a minor issue; a fatigued driver risks their own lives and the lives of the road users around them. This case demonstrates the shared responsibility for drivers to be fit to drive. The duty rests on the company and senior management just as much as the driver,” Ms Hughes said.
“Our thoughts are with the families of the four officers. This tragedy serves as a sombre reminder of why we must all work together to uphold the highest standards of road safety.”
The matter was heard on Tuesday, 23 January, at Sydney Downing Centre Court in New South Wales.
Read more on this matter in Case learnings - November 2023 (b) (PDF, 330KB).
For more information on fatigue management and work diary requirements, or to report pressures to drive while fatigued, contact the Heavy Vehicle Confidential Reporting Hotline at 1800 931 785.