A Melbourne based scrap metal company and three of its directors have been fined following a string of mass limit breaches.
The company and its directors were prosecuted for failing to implement systems and procedures to manage the legal mass limits of their loads after 69 mass limit breaches were detected.
The charges come after National Heavy Vehicle Regulator (NHVR) safety and compliance officers intercepted one of the company’s heavy vehicles in April 2021, which was loaded at 120.42 per cent of the prescribed mass limit.
This led to further investigation into the company’s business practices, where 69 mass limit breaches were discovered over a two-year period.
Of those, 24 were deemed “severe risk breaches”, which means the load is at 120 per cent of its mass limit or over.
The company pleaded guilty to a Category 1 offence – the most serious offence under the Heavy Vehicle National Law (HVNL) – with a conviction recorded and a fine of $180,000 imposed.
The three directors of the company also pleaded guilty to offences involving failure to exercise due diligence and ensure the safety of their transport activities, and received fines of $8500, $7000, and $7000.
NHVR acting director of prosecutions Elim Chan commented: “Heavy vehicles which are loaded or operated beyond their prescribed mass limit pose a serious risk to public safety as the excess load compromises the stability, steering, performance and braking capability of a heavy vehicle.
“It’s imperative to have systems and procedures in place to ensure drivers and loaders are adequately trained in their roles to enable ongoing compliance with the Heavy Vehicle National Law and to keep drivers and members of the public safe.”
So the directors get fined 7k for encouraging drivers to overload their vehicles, 69 offences says they encourage it, yet drivers get fined more than that for trivial offences for log book breaches. Great job nhvr I feel so much safer with you policing us.