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The National Heavy Vehicle Regulator (NHVR) says a significant court outcome this week reinforces the critical importance of the responsibilities that heavy vehicle businesses and their executives have to manage heavy vehicle safety risks.
A bus company and its directors pleaded guilty to charges of several breaches of the Heavy Vehicle National Law (HVNL) and were sentenced in Gosford Local Court on Wednesday, 26 August.
The charges came after a tragic crash involving one of the company’s buses in June 2023. The crash killed 10 people and seriously injured 25 more.
The company was charged over its inadequate recruitment processes, not managing and addressing overspeed in a timely manner, and its fatigue management.
The company was convicted and fined $630,000 for one offence and $20,000 for a second, lesser offence.
The directors were both convicted and fined $12,000 each.
NHVR Executive Director Statutory Compliance Paul Alsbury said the matter sent an important message to executives across the heavy vehicle industry, including the bus sector.
"Businesses must ensure, so far as is reasonably practicable, the safety of their transport activities and eliminate or minimise risks to the public," he said.
“Executives also have a personal responsibility to exercise due diligence and understand how safety risks are being identified and managed within their business.
“That means ensuring appropriate resources, systems and procedures are in place to manage safety risks and satisfying themselves that those systems are working in practice.
“Executive accountability is written into the Heavy Vehicle National Law and is ultimately about ensuring businesses are doing everything within reason to keep people safe.”
Further proceedings involving two managers associated with the matter are awaiting final determination.
“As those proceedings remain before the court, it would be inappropriate for the NHVR to comment further on the circumstances of this matter at this stage,” Mr Alsbury said.