Mass a accreditation - HV Compliance- Strategic-reviews


Regulators take the decision to investigate very seriously. A premature, unplanned investigation will only embarrass Regulators. When the Regulator knocks on your door, they know what they are looking for. However, in most cases, you can easily deal with the concerns of the Regulators by producing your systems, processes, policies, and procedures and evidence of their level of compliance with those internal documents. It is important to take action to ensure that the investigation is well-managed where the concerns of the Regulators remain and they determine that action is warranted. Our consultants can give you the right advice regarding this matter.

If you want to clarify your position with the Regulator, you must collate your information early. Ongoing demonstrated corrective action is an integral part of “reasonable steps defence” in larger organisations and complex prosecutions. You must collect your information that supports “reasonable steps defence” while the Regulator is investigating your Chain of Responsibility activities.


The implementations of the CoR framework throughout your organisation will help you improve the safety of your contractors, employees, and the public, meet your legal obligations, meet your social responsibility as a good corporate citizen, and avoid penalties.

Under the Chain of Responsibility heavy vehicle national law, there is a range of fines and penalties that can be imposed on an organization or individual. Fines are specific to each offence and depend on the extent of the offence.











Example offence

Minor breach

Substantial breach

Severe breach

Extra loading

Critical breach

Exceeding   mass requirements




Plus   $500 for every 1% over a 120% overload to a maximum of  $20,000

Exceeding driver work hours





There are many offences that have different limits based on the heavy vehicle involved:

Type of heavy vehicle

Exceeding a speed limit by less than 15km/h

Exceeding a speed limit by 15km/h or more

Heavy Vehicle



Road Train






Fines are added together

For example:

$50,000 per offence

For example:

$10,000 per offence

Penalties are ‘per offence’:

One investigation may have multiple offences

3 offences = $150,000

(3 x $50,000)

3 offences = $30,000

(3 x $10,000)

One entity may have multiple offences

10 offences = $0.5 million

(10 x $50,000)

10 offences = $100,000

(10 x $10,000)

The Only Defence

These are not a defence and can be admissions of liability for offences:




We didn’t have a proper register of our legal obligations

I didn’t realise we were not compliant

It was not my responsibility

We have always done it this way

I thought someone else was responsible

The driver was a rogue operator

It was a rogue member of staff we did not know about

I wasn’t involved in the decision

This was covered off in the contract, drafted by the lawyers

Fines are the cost of doing business

I didn’t think that was a real risk

It was outside the control of my company

It wasn’t on our Risk Register

How could I know if nobody told me

The contract penalties apply to stop time wasters, not to encourage speeding

The only valid defence is:

As part of the supply chain, I didn’t know (couldn’t reasonably be expected to have known) of the contravention concerned.

I took all the necessary steps for the prevention of the contravention or there were no steps I could reasonably be expected to have taken to prevent the contravention.

If you want to learn more about the NHVR compliance requirements or are looking for the best CoR training in Australia, then look no further than HV Compliance. If you have any questions about our processes please reach out.