Penalties for Breaches of Heavy Vehicle National Law

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Penalties for Breaches of Heavy Vehicle National Law

Penalties for Breaches

HVNL is an acronym term used to refer to the Heavy Vehicle National Law, which defines the minimum standards surrounding a logistics network and the penalties for those responsible for safety on the road.
As per the announcement of the Heavy Vehicle National Law regulations, none of the heavy vehicles over 4.5 tonnes gross vehicle mass in participating states and territories. On February 10, 2014, the HVNL and its rules came into effect. It brought together industry and government to build a national approach to heavy vehicle legislation and regulation based on the NTC’s model laws.
The HVNL covers PBS vehicles, IAP, road access permits, accreditation, paperwork, vehicle operations (standards and safety, weight, packing, dimension, fatigue management), compliance, fines and infringements, penalties, and general administration matters. The elements within the legislation that supports the law provide detail surrounding;

The Heavy Vehicle National Law regulations and mandates heavy vehicles over 4.5 tonnes gross vehicle mass in participating states and territories. On February 10, 2014, the HVNL and its regulations came into effect. It brought together industry and government to build a national approach to heavy vehicle legislation and regulation based on the NTC’s model laws.

The HVNL currently covers PBS vehicles, IAP, road access permits, accreditation, paperwork, vehicle operations (standards and safety, weight, packing, dimension, fatigue management), compliance, fines and infringements, penalties and general administration matters. The elements within the legislation that supports the law provide detail surrounding;

The Heavy Vehicle National Law’s penalties and infringements are summarised in The Schedule of HVNL Infringement Penalties and Demerit Points.

Types of Penalties under HVNL

The types of penalties and infringements under the Heavy Vehicle National Law are as follows-

Infringeable Offences-

It allows the individual who receives the notice to choose between paying the penalty and vehicle overloading fines specified in the notice or having the case resolved by a court. In the Heavy Vehicle National Law (HVNL), the payment threshold for infringeable offences is fixed at 10% of the maximum court-imposed punishment.

An infringeable offence results in an infringement notice being issued. The infringement notice describes the claimed offence, which is usually a strict liability offence. This is in line with the Australian Law Reform Commission’s suggestion that infringements be limited to 20% or less of the maximum fine a court can impose.

The court imposed penalties-

Some significantly more serious offences are not infringeable and should be prosecuted in court. HVNL does state the maximum amount of penalty that the court can impose in this case.

Demerit Points-

Under Heavy Vehicle National Law, a driver’s license has demerit points attached to it. Demerit points are regulated through the road traffic laws of each state and territory. The HVNL has 330 offences, 144 of which are infringeable and 186 of which are not. Only eight of the 330 offences carry a penalty of demerit points.

Maximum Penalties-

As of January 2021, the Heavy Vehicle Regulator has initiated many enforceable actions and multiple court cases involving major offences for what was previously considered insignificant logistics work.

Each of those penalties and overloading fines could expose you to a set of fines –

For companies and individuals, it is classified as Category 3, Category 2, and Category 1.

Also Read: $60,000 Fatigue Breach

The HVNL expressly states that an executive shall ensure that, to the extent reasonably practical, all measures are made available to ensure a safe transportation task within the logistics network they influence. Even though the director was not actively involved in this case, it was determined that it was his responsibility to know, comprehend, and safeguard the safety of his entire firm.

The CoR training changes accountability away from the traditional owner/operator paradigm and toward a shared duty for all parties in the supply chain other than the loading manager who controls or influences heavy vehicle transport activities. All liable parties share the legal duty for the safety of transportation and logistics activities in the Chain of Responsibility.

The goal of COR is to ensure that everyone in the supply chain has responsibility for preventing HVNL violations. You have a responsibility to ensure the HVNL is followed if you are designated as a party in the chain of responsibility and you exercise (or have the potential of exerting) control or influence over any transport task under Chain of Responsibility legislation.

For more information on penalties and infringements under the Heavy Vehicle National Law, get in touch with experts at MAEZ.

Disclaimer- The information provided in this content is just for educational purposes and is written by a professional writer. Get in touch with a certified professional for better information about the chain of responsibility legislation and penalties under HVNL.

Also Read: Basic Fatigue Management Accreditation