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The National Heavy Vehicle Regulator (NHVR) is urging all operators to review their safety practices following the prosecution of a Sydney-based earthmoving company over a fatal collision in November 2021.
The incident involved a heavy vehicle driver employed by the company who collided with a light vehicle, tragically resulting in the death of the light vehicle driver and serious injuries to the passenger.
An investigation into the company revealed the heavy vehicle driver had suffered significant health issues for several years, requiring 24-hour oxygen support and a family member to accompany them on work trips.
On 10 June 2026, after an appeals process, the finding of guilty of a Category 2 offence, and a fine of $1.2 million and $75,000 in prosecution costs, was confirmed. A Category 2 offence is one of the most serious under the Heavy Vehicle National Law (HVNL).
A Supervisory Intervention Order (SIO) was also imposed on the company for 12 months, with one of the requirements being that all staff and contractors employed by the company must have medical clearance or a fitness to drive assessment before operating a heavy vehicle.
NHVR Executive Director of Statutory Compliance Paul Alsbury said that the company had admitted to backdating the commencement dates of its safety manuals during the investigation and had insufficient policies and procedures in place to ensure their drivers were fit for duty.
“This tragic incident is a sad reminder of what can occur when an operator does not prioritise the safety of its employees, other road users and the community,” Mr Alsbury said.
Operators must ensure its transport activities and conduct do not cause or encourage a driver of a heavy vehicle to breach the law.
“Put simply, it’s an operator’s responsibility to do everything they can to make transport actions safe, which is why it’s called the primary duty,” Mr Alsbury explained.
“In this instance, the company failed to implement and enforce systems and procedures to effectively manage the drivers’ fitness for duty.
“Drivers need to be in a suitably fit state to perform their driving tasks so that they don’t compromise or threaten their own safety and the safety of others.”
Changes to the HVNL on 1 August 2026 expand existing duties around fitness to drive relating to fatigue to include factors such as physical illness, injuries, stress and mental illness and apply to all drivers of heavy vehicles over 4.5 tonnes.
The new unfit to drive duty gives drivers the legal authority to stop driving if they are unfit to continue, while requiring parties in the Chain of Responsibility (CoR) to ensure their business practices do not cause or encourage a person to drive while unfit, and take reasonable steps to ensure drivers are fit to drive before they get behind the wheel.
Mr Alsbury discusses the successful prosecution and other aspects of the NHVR’s approach to enforcement in the latest episode of the regulator’s What’s Your 20? podcast.
The NHVR has a Heavy Vehicle Confidential Reporting Line (HVCRL) which is a secure, national service for participants in the heavy vehicle industry and supply chain to report safety issues relating to procedures, practices or conditions that could endanger a driver or road user.
“If you’re an operator or driver who is aware of dangerous commercial pressures or safety practices from the activities of off-road parties, we encourage you to report them,” Mr Alsbury said.
You can contact the HVCRL between 7.00am-4:30pm (AEST) Monday to Friday on 1800 931 785.