The NHVR has revealed that it has secured a successful prosecution against a transport company and its director for repeatedly breaching prohibition notices, in what the regulator is claim as a landmark case.
The case marked the first use of the regulator’s powers to secure a court injunction preventing continued non-compliance.
Last week a court convicted both parties on all charges relating to breaches of the notices, imposing fines of $80,000 on the company and $20,000 on the individual, with convictions recorded.
NHVR executive director of statutory compliance Paul Alsbury said the outcome represented the culmination of a significant regulatory response to a high-risk operator.
“This result sends a clear message to industry that the NHVR takes safety risks seriously and will pursue regulatory action until those risks are addressed,” Alsbury said.
“Where operators choose to continue placing road users at risk, the NHVR will use all tools available to stop that behaviour.
“This case proves the consequences can be significant, and that any perceived monetary benefit to flaunting safety rules and regulations will be impacted by court-imposed outcomes.
“This includes the handing down of substantial financial penalties for both the company and its director personally.”
Prohibition notices may be issued by NHVR officers to stop an activity that poses an immediate or imminent safety risk, with notices only lifted when the matters that create the risk are remedied.
In the past financial year, the NHVR issued a total of 23 prohibition notices to companies and individuals.
The use of these notices aligns with the NHVR’s strengthened focus on highest risk operators and addressing risks involved in their operations.
Alsbury said this week’s court outcome reinforced the message that all parties in the Chain of Responsibility could be held accountable for deliberate non-compliance.
“The NHVR is prepared to take appropriate action where safety risks justify it,” he said.
“Safety is a shared responsibility and every party in the supply chain has an obligation to put appropriate measures in place or, when necessary, respond as directed.
“There are no shortcuts when it comes to safety, and this particular case reflects our commitment to upholding the standards required to make Australia’s roads safer.”
