A heavy vehicle operated by a scrap metal company found to be substantially over mass has led to charges filed against the company and its three directors in Bayswater, Victoria.
After the vehicle was intercepted, investigations into the company revealed that over a 27-month period there were 69 instances of heavy vehicles loaded and operated by the company which exceeded mass limits.
In accordance with its own internal policy on such matters, the National Heavy Vehicle Regulator (NHVR) didn’t reveal the name of the company charged in a media release today.
But the public listings for the date the matter is to be heard in the Ringwood Magistrates’ Court, February 23, 2023, reveals that the accused is Melbourne Copper Scrap Pty Ltd, trading as Melbourne Copper Scraps.
“The Victorian company has been charged with Category 1, 2 and 3 offences under the Heavy Vehicle National Law (HVNL),” confirmed Elim Chan, the regulator’s acting director of prosecutions.
“These are the most serious offences available under the HVNL.”
In addition, the three directors of the company have also been charged with Category 2 and 3 offences, including charges for failing to comply with their due diligence obligations as required under the HVNL.
Chan stated that the primary duties charges have been laid after repeated breaches of the HVNL were identified.
“These charges demonstrate that the NHVR will always consider if executives are complying with their personal obligations to exercise due diligence.”
Category 1 offences carry a maximum penalty of $354,639 and up to five years imprisonment for an individual and $3,546,390 for a corporation.
Category 2 offences carry a maximum penalty of $177,321 for an individual and $1,773,210 for a corporation.
Category 3 offences carry a maximum penalty of $59,108 for an individual and $591,080 for a corporation.
For more information about NHVR prosecutions, visit nhvr.gov.au/law-policies/prosecutions.