The NHVR has revealed that it has prosecuted a Victorian-based transport company and its director after one of the company’s drivers collided with several light vehicles in December 2021, killing a two-year old infant and seriously injuring several others.
The National Regulator said the company pleaded guilty to a Category 2 offence under the Heavy Vehicle National Law (HVNL) the company director also pleaded guilty to a Category 3 offence
Following the fatal collision, the NHVR said that an investigation into the company revealed that over a two-month period, drivers it employed, committed 202 fatigue-related breaches.
While the offence carried a maximum corporate penalty of $1,723,840, for the company, the operation was fined just $45000. The maximum penalty for a company director for the Category 3 offence is $57,440, however in this instance the director received a fine of just $15,000 for the offence.
Executive director of statutory compliance for the NHVR, Ray Hassall said everyone involved in heavy vehicle transport needs to be aware of the impact of fatigue.
“Driver fatigue is a major heavy vehicle safety hazard. Transport operators need to do everything reasonably practicable to eliminate or minimise the risk to public safety and to drivers. Parties who contract with them should ensure operators are safe and compliant with driver fatigue and fitness for duty requirements,” said Hassall.
“The investigation into the company’s practices revealed driver timesheets weren’t validated for accuracy and compliance. The company also failed to address non-compliance with drivers, ultimately resulting in no improvement action taken,” he added.
“In this instance, the company failed to implement and enforce systems and procedures to effectively manage and monitor drivers’ fatigue, which threatened the safety of both their drivers and other road users.”
The NHVR finished with the reminder that every person who works with heavy vehicles, from business owners to goods receivers, need to pay attention to the safety of that heavy vehicle, its driver, and its load throughout the journey.
