Companies cutting safety corners for profit penalised

THE National Heavy Vehicle Regulator (NHVR) has obtained two Commercial Benefits orders against two companies who attempted to profit by cutting corners on safety.

Commercial Benefits orders can be sought by the regulator under the Heavy Vehicle National Law (HVNL) to ensure industry is doing the right thing.

Any profit obtained through a breach of the HVNL can be recovered through this order in an amount up to three times greater than the profit received from the breach.

Types of offences that can result in the NHVR obtaining a commercial benefits order include breaches of mass or dimension requirements.

One of the two orders applied for by the regulator involved a heavy vehicle that was intercepted and weighed at 120.6 per cent of the vehicle’s permissible mass.

The defendant was charged with one count of permitting a heavy vehicle to be driven while over mass – a severe risk breach.

NHVR director of prosecutions Belinda Hughes said that Commercial Benefits orders have been crucial in holding those companies to account who are profiting from breaking the law.

“We’ve been asked what we’re doing for companies that are profiting from offending or jeopardising safety to get ahead financially,” said Hughes.

“Commercial Benefits orders are one way for us to address those concerns. No longer can a company benefit financially from offending.

“These orders calculate how much profit was made through breaking the law and then recovers that amount.”

“This means there is no financial benefit to offending –it’s not worth taking the risk.”

According to a media release, the NHVR is “significantly maturing” in becoming a “modern and intelligence-led regulator” that focuses regulatory action towards those who pose the greatest risks to road users.

“Using orders such as these, risks can be addressed and encourage safer practices.”

For more information about NHVR prosecutions, visit nhvr.gov.au/law-policies/prosecutions.

Regulator highlights safety priorities for next 12 months

THE National Heavy Vehicle Regulator (NHVR) has released its 2023 Heavy Vehicle Safety Strategy Action Plan, highlighting its safety priorities for the next 12 months.

The Action Plan supports the delivery of the NHVR’s Heavy Vehicle Safety Strategy 2021-25, which outlines the regulator’s ambitions for achieving better heavy vehicle safety outcomes and re- ducing the number and seriousness of crashes involving heavy vehicles.

NHVR CEO Sal Petroccitto said the Action Plan will deliver initiatives addressing safety risks identified through feedback from the regulator’s partners, and the analysis of operational data and research.

“All of the 2023 Action Plan’s deliverables are built on the theme of partner- ships,” Petroccitto said.

“Through industry partnership and collaboration, the NHVR is committed to achieving better heavy vehicle safety outcomes and reducing the number and seriousness of crashes involving heavy vehicles.”

The Action Plan’s safety initiatives were refined in consultation with the NHVR’s partners at the July 2022 Industry Reference

Forum.

Partner feedback was central to determining the below five broad actions to improve safety.

• Delivering safer and tailored fatigue risk management outcomes;

• Empowering industry to better manage safety in their business;

• Delivering tailored regulatory interventions to drive positive safety change;

• Influencing the regulatory framework to promote the adoption of safer, cleaner, and more efficient vehicles and technologies; and

• Providing input into government policy decisions that affect the safety and productivity of the heavy vehicle industry.

According to the regulator, each of the above actions contains multiple safety de- liverables that will enable safer heavy vehicles and road safety for all road users.

“After a busy 2022, this year we are focused on continuing to address heavy vehicle safety risks,” Petroccitto added.

“I want to thank our partners that provided valuable feedback to help shape the Action Plan and position us for a proactive and successful year to come.”

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