Morgan + English Commercial Lawyers recently represented a company and one of their employees (‘our clients’) in proceedings brought by the National Heavy Vehicle Regulator (‘NHVR’) for alleged breaches of the Heavy Vehicle National Law (NSW) No 42A 2013 (‘the Heavy Vehicle National Law’). The case involved charges relating to significant non-compliance with prescribed vehicle dimensions when travelling through NSW.
The Charges: Severe Risk Breaches Under the Law
Under the Heavy Vehicle National Law, the NHVR has discretion to prosecute a company, a driver, or both for the same breach. In this case, both the company and its employee (‘the driver’) were separately charged with the most serious category of offence under section 102(1)(b)(iii): a “severe risk” breach. This classification applies where vehicle dimensions exceed legal limits to such a degree that they pose a significant risk to public safety, infrastructure, and the environment.
- In the proceedings against the company: The vehicle involved was found to exceed the prescribed width of 2.5 metres by 0.13 metres (measuring 2.63 metres). This constituted a severe risk breach and carried a maximum corporate penalty of $63,000.
- In the proceedings against the driver: The NHVR alleged two separate severe risk breaches. The vehicle exceeded the width limit by 0.15 metres (measuring 2.65 metres) and the length limit by 4.7 metres (measuring 41.2 metres, compared to the 36.5-metre limit). Each breach carried a maximum penalty of $12,600, bringing the driver’s total potential liability to $25,200.
The combined maximum penalties faced by our clients amounted to $88,200, a substantial and potentially devastating figure for both the company and the driver involved.
Challenging the NVHR’s Discretion
Faced with the severity of these penalties, the company approached Morgan + English for legal advice on how best to reduce the impact of the charges. With the driver unable to afford the fines personally, the company was at risk of bearing the full financial burden.
Morgan + English swiftly developed a strategic approach, including a detailed legal analysis of the charges, a review of applicable exemptions, and targeted negotiations with the NHVR.
Although the NHVR had chosen to prosecute both parties separately, a decision that can often appear inconsistent or excessive, we challenged this position through well-supported submissions. As a result, shortly before sentencing, the NHVR withdrew one of the most serious charges against the driver, significantly reducing his exposure and improving the overall outcome for both clients.
The Court Process
All matters were heard in the NSW Local Court and were managed end-to-end by Morgan + English, including appearances, pleadings, negotiations and submissions.
Through a combination of strategic advocacy, strong legal submissions, and effective engagement with the NHVR and the Court, Morgan + English secured a dramatically reduced penalty from a total of $88,200 to $1,100.
This exceptional result provided both financial relief and peace of mind for our clients and highlights the importance of skilled legal representation in regulatory prosecutions.
Key Takeaways for Industry Clients
- Engage Early: Early legal advice is critical in regulatory prosecutions. The sooner you act, the more options you may have to resolve or mitigate the matter.
- Jurisdiction Matters: Heavy vehicle laws are complex, with variations between states. Legal guidance is essential to navigate exemptions and obligations.
- Mitigation Makes a Difference: Even in cases where charges are proven, well-prepared submissions and strong advocacy can lead to significantly reduced penalties
- Choose Industry-Aware Legal Support: Morgan + English understands the heavy vehicle, logistics and transport industries. We combine legal expertise with a practical understanding of operational realities, enabling us to deliver results when it matters most.
Need Help with Heavy Vehicle Compliance?
Whether you’re facing a prosecution under the Heavy Vehicle National Law or want to proactively manage compliance in your industry, Morgan + English Commercial Lawyers is here to help. Our experience in handling even the most serious breaches means we know how to protect your business and your people.
Contact ersel@morganenglish.com.au today.
