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The Heavy Vehicle National Law – Heavy Vehicle Offences

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The Heavy Vehicle National Law (HVNL) applies to vehicles with a GVM (gross vehicle mass; the maximum weight of a vehicle when fully loaded) of more than 4.5 tonnes. The HVNL operates to regulate the use of heavy vehicles on roads in a way that promotes public safety and safe business practices.

The HVNL has been implemented in Queensland under the Heavy Vehicle National Law Act 2012.

Changes to legislation

Beginning in April 2024, the National Heavy Vehicle Regulator (NHVR) is responsible for conducting investigations, prosecutions and inspections relating to heavy vehicles under the Heavy Vehicle National Law.

Queensland is the sixth jurisdiction (following South Australia, Tasmania, the ACT, Victoria and New South Wales) to transfer heavy vehicle regulatory services to the NHVR. These services were previously overseen by the Queensland Department of Transport and Main Roads, which continues to be directly responsible for vehicles with GVM of under 4.5 tonnes.

Safety duties

Under s 26C of the HVNL, the primary duty of each party in the chain of responsibility for a heavy vehicle is to ensure the safety of transport activities relating to the vehicle by eliminating public risks and avoiding actions that contravene the law (for example, the driver of a heavy vehicle has a duty under the HVNL not to exceed the speed limit).

Parties which fail to fulfill their primary duty under the HVNL may be subject to severe penalties. The severity of the potential penalty depends on the category of the offence:

• A party who contravenes the duty commits a Category 3 offence and is subject to a maximum penalty of $50,000 (for an individual) or $500,000 (for a corporation).
• A party who contravenes the duty, and whose contravention exposes someone to a risk of death, serious injury or serious illness, commits a Category 2 offence and is subject to a maximum penalty of $150,000 (for an individual) or $1,500,000 (for a corporation).
• A party who, without a reasonable excuse, recklessly engages in conduct related to the duty, and by doing so exposes someone to a risk of death, serious injury or serious illness, commits a Category 1 offence and is subject to a maximum penalty of $300,000 (for an individual) or $3,000,000 (for a corporation).

Mass, dimension and loading requirements

Mass, dimension and loading requirements are prescribed by the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.

Heavy vehicles must adhere to:

• A maximum width of 2.5m;
• A maximum height of 4.3m;
• a maximum length of between 12.5 and 53.5m depending on the category of vehicle; and
• A maximum mass of between 6 and 20 onnes depending on the category of vehicle.

Drivers must also load heavy vehicles in a way that does not make the vehicle unsafe or unstable, and in a way that the load is not likely to fall or be dislodged from the vehicle.

It is an offence to fail to comply with any of the prescribed mass, dimension and loading requirements.

Fatigue-regulated heavy vehicles

Most vehicles with a GVM of over 12 tonnes are fatigue-regulated heavy vehicles. Drivers of fatigue-regulated heavy vehicles are subject to additional safety requirements:

• Drivers must not drive fatigue-regulated heavy vehicles on a road while impaired by fatigue (or face a maximum penalty of $6,000);
• Drivers must not work for more than a maximum work time, or rest for less than a minimum rest time, determined by the driver’s fatigue management accreditation (or face a maximum penalty between $4,000 and $15,000 depending on the severity of the breach); and
• Drivers must keep a work diary in their possession which records their work and rest hours (or face a maximum penalty of $6,000).

Some heavy vehicles are not fatigue-regulated despite having GVM of over 12 tonnes:

• Vehicles which operate primarily off-road or as a machine (for example, agricultural machines, bulldozers, excavators or forklifts);
• vehicles which are not capable of carrying goods or passengers by road; and
• motorhomes.

Unsafe heavy vehicles

it is an offence (carrying a maximum penalty of $6,000) to use, or permit to be used, an unsafe heavy vehicle on a road. A heavy vehicle will be considered ‘unsafe’ if the condition of the vehicle, or any of its components or equipment, makes the use of the vehicle unsafe or endangers public safety.

Modifying and tampering heavy vehicles

It is an offence (carrying the maximum penalty of $3,000) to modify a heavy vehicle without approval from either an approved vehicle examiner or the National Heavy Vehicle Regulator. The Regulator will only approve a modification of a heavy vehicle if it is satisfied that the modified vehicle will not pose a significant safety risk and will comply with applicable noise and emission standards.

it is also an offense to tamper with:

• A plate or label fitted to a heavy vehicle (maximum penalty: $3,000);
• An emission control system fitted to a heavy vehicle (maximum penalty: $10,000); or
• A speed limiter fitted to a heavy vehicle (maximum penalty: $10,000).

if you know that an emissions control system or speed limiter fitted to a heavy vehicle has been tampered with, you must not use the vehicle, or permit it to be used, on a road.

Department of Transport and Main Roads v NM & AA Foley Contracting Pty Ltd [2023] QMC 5

A recent Magistrates Court decision concerned a Brisbane transport company convicted of breaching its primary duty under s 26C of the HVNL. Eight truck drivers engaged by the company were found to have exceeded their maximum work times on a total of 193 occasions over a five-week period. the majority of the drivers’ work diaries were modified by the company’s officers to hide evidence of the breaches.

In imposing a fine of $1.2 million on the company, the court found that the company’s generous hourly rate created an obvious risk that drivers would maximise their income by working excessive hours. instead of attempting to manage this risk, the company paid the drivers substantially in accordance with the excessive hours recorded in their work diaries; in doing so, the company incentivised drivers to disregard their fatigue obligations under the HVNL.

Here to Help

If you are charged with a heavy vehicle offence, prompt action is crucial. Our experienced lawyers will work closely with you to achieve the best possible outcome.

Aitken Whyte lawyers are focused on results. Call us for expert and experienced advice to represent you at this important time or, if you want to learn more about our services in Queensland. For Brisbane and surrounding areas including Ipswich, Redlands, Logan, Redcliffe, Caboolture, Gold Coast and Sunshine Coast enquire further.

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Brisbane QLD 4000

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