The National Heavy Vehicle Regulator has announced that it has accepted an enforceable undertaking (EU) from leading construction company Laing O’Rourke Australia Construction Pty Ltd (LORAC) that will see it contribute close to a quarter of a million dollars to chain for responsibility education, following a number of alleged, significant overweight infringements by the company’s trucks.
The EU will see LORAC contribute $249,500 contributed to chain of responsibility education which stems from an allegation by the Roads and Maritime Services that on 16 October 2018 and 24 May 2019 the company failed to comply with the mass requirements as required by s 96(1)(c) of the Heavy Vehicle National Law.
NHVR CEO Sal Petroccitto said that the EU was a first for the NHVR and was an appropriate alternative to prosecution in the circumstances.
“The alleged offences were of the highest risk category, however there was no manifestation of this risk to public safety, road infrastructure or the environment,” Mr Petroccitto said.
“The value of the EU is significantly in excess of any penalty a court would impose and are likely to achieve significant safety improvements to the local heavy vehicle industry, the wider supply chain and the broader community.
“Proper education and training around overmass vehicles lessens the impact on infrastructure and make our roads safer for everyone.
“While, these offences are always concerning we have been able to achieve a positive outcome here that will benefit all parties.”
The two alleged infringement occurred on 16 October 2018 and on 24 May 2019. The first incident saw a LORAC operated truck weighed at the Mount White Truck Checking station revealing it weighed 7.88tonnes on the first axle group, or 1.38 tonnes over the allowed limit. The second incident occurred at the Kankool Checking station on the New England Hwy where a LORAC operated truck weighed in at 26.92 tonne, or 6.92 tonnes over the vehicles designated limit.
Conor Hanlon, general manager of Rail Operations, says Laing O’Rourke is pleased with the outcome agreed between the two parties.
“We understand the serious nature of these alleged offences and appreciate that the NHVR worked with us in a collaborative way to reach a positive solution.
“The enforceable undertaking will ultimately offer more benefits than an imposed penalty and we look forward to delivering each element of the agreement to the highest standard possible.”
Some conditions of the EU include, a commitment that the behaviour that led to the alleged contravention has ceased and will not reoccur, a commitment to the on-going effective management of public risks associated with transport activity, delivery of a Chain of Responsibility Online Training Course, delivery of Face to Face Chain of Responsibility Training Workshops and engaging a third-party to conduct a Transport Safety Management System Audit.
In the event of an alleged contravention of the HVNL, the NHVR, as an alternative to prosecution, may accept an enforceable undertaking given by the person who is alleged to have committed the contravention.