BUSTED – NHVR NABS HEAVY VEHICLE OPERATOR FOR SERIOUS SAFETY INFRINGEMENTS

The NHVR has announced it has issued a prohibition notice to a heavy vehicle operator after an investigation identified significant and ongoing safety risks within its fleet.

The NHVR Safety and Compliance Officers (SCOs) inspected the operator’s registered heavy vehicles in late August,  with all vehicles receiving defect notices according to the Regulator.

The defects included excessive movement in steering components, a fuel leak, damaged seat belts and vehicle lighting, a defective air bag suspension, and an excessively worn steer tyre to the point it had exposed steel cords.

The NHVR investigators during an entry to the operator’s premises, identified failings in the operator’s safety management systems, including how it managed risks associated with vehicle maintenance, such as braking and steering systems, as well as compliance with mass and dimension limits.

The NHVR said that subsequent inspections continued to identify significant defects in safety-critical vehicle systems despite the initial regulatory intervention, including a major airbag suspension fault, major defects affecting brakes and suspension, and a tyre with insufficient tread.

The Regulator said that a further 24 defect notices were issued following the initial inspection, with defects affecting the same or similar components repeatedly identified, demonstrating a pattern of recurring maintenance and compliance failures.

The  Regulator said the serious safety risk posed to drivers and other road users were exacerbated by the operator’s transportation of flammable fuels and other dangerous goods.

The NHVR issued a prohibition notice to the operator on 28 October, preventing two heavy vehicles from being used until full inspections are carried out by NHVR SCOs at a Heavy Vehicle Inspection Station and all identified defects are cleared.

The Regulator said that an improvement notice was also issued, requiring the operator to implement policies, procedures or systems to manage risks associated with vehicle safety standards.

The NHVR’s executive director of statutory compliance Paul Alsbury said the number and severity of defects identified across the operator’s fleet presented a substantial and unacceptable risk to drivers and other road users.

“These were not isolated issues – the findings pointed to serious systemic shortcomings in the operator’s management of vehicle safety, with defects identified across multiple critical safety areas,” Alsbury said.

“These vehicles were used to transport highly flammable materials and, combined with the serious safety issues identified, presented an immediate or imminent risk of loss of control, collision, fire or explosion, with potentially catastrophic consequences,” he said.

“When risks of this nature remain unresolved and put lives at stake, the NHVR has a responsibility to act.”

Alsbury said the case demonstrated why the NHVR must balance industry education and support with decisive action against operators presenting the highest safety risks.

“The vast majority of Australia’s heavy vehicle industry is committed to safety and work hard every day to meet their obligations,” he said.

“The NHVR continues to prioritise and invest in education and engagement because the best safety outcomes come from preventing risks before they occur, but where operators fail to address serious safety concerns or repeatedly ignore previous intervention, stronger regulatory action may be necessary.

“Prohibition notices are not issued lightly and, in many cases, follow extensive engagement and multiple opportunities to address the issues.

“Fewer than 0.01 per cent of Australia’s almost 300,000 heavy vehicle operators have been issued prohibition notices, reflecting the high threshold required before this action is taken.

“We will continue working alongside industry to improve safety while holding to account those who put other drivers and the community at risk.”

The NHVR  said that it cannot comment further on the details of the matter while investigations continue.