Heavy Vehicle Offences: an overview

On 20 April 2024, the National Heavy Vehicle Regulator (NHVR) became responsible for prosecuting offences under the Heavy Vehicle National Law (HVNL) in Queensland. This responsibility was previously held by the Department of Transport and Main Roads. The transition brought Queensland in line with other participating states and created a consistent approach to HVNL enforcement across Australia.

This blog post outlines the key offences under the HVNL, their penalties, and the ‘chain of responsibility’ created by the law.

The HVNL applies to heavy vehicles. Section 6 of the HVNL defines a heavy vehicle as:

  1. A vehicle with a gross vehicle mass or aggregate trailer mass of more than 4.5 tonnes; or
  2. A combination that includes a vehicle with a gross vehicle mass or aggregate trailer mass of more than 4.5 tonnes.

 The Primary Duty

The most serious offences in the HNVL relate to the primary duty imposed by section 26C of the HVNL. The primary duty is a proactive duty personal to each party in the ‘chain of responsibility.’ The duty requires that ‘each party in the chain of responsibility for a heavy vehicle must ensure, so far as is reasonably practicable, the safety of the party’s transport activities relating to the vehicle.’

Under this duty, the responsible person must:

  1. Eliminate public risks and, to the extent it is not reasonably practicable to eliminate public risks, minimise the public risks; and
  2. Ensure the party’s conduct does not directly or indirectly cause or encourage-
  3. The driver of the heavy vehicle to contravene the duty; or
  4. The driver of the heavy vehicle to exceed a speed limit applying to the driver; or
  5. Another person, including another party in the chain of responsibility, to contravene the duty.

The primary duty is a proactive duty personal to each party in the ‘chain of responsibility.’ This means that a person will owe the primary duty if they are:

  1. The driver of the vehicle;
  2. The prime contractor for the driver;
  3. An operator of the vehicle;
  4. A scheduler for the vehicle;
  5. A consignor of any goods in the vehicle;
  6. A consignee of any goods in the vehicle;
  7. A packer of any goods in the vehicle;
  8. A loading manager for any goods in the vehicle;
  9. A loader of any goods in the vehicle; and
  10. An unloader of any goods in the vehicle.

If a person in the chain of responsibility is found to have breached the primary duty, the offence provisions in section 26 of the HNVL will be triggered. Offences are categorised by severity of risk created, not by the severity of any outcome caused by the breach.

The most severe class of breach is a Category 1 Breach. This applies where a person has breached the primary duty, and that breach exposes an individual to a risk of death, serious injury or illness. A Category 1 Breach applies where the defendant was reckless as to the risk. A Category 1 Breach carries a maximum penalty of $354,639 or 5 years imprisonment for an individual, or $3,546,490 for a corporation.

A Category 2 Breach has the same features of a Category 1 Breach, except there is no requirement for the defendant to be reckless. The maximum penalty for a Category 2 Breach is $177,321 for an individual, or $1,773,210 for a corporation. 

A Category 3 Breach requires that the person has contravenes the primary duty in any way. It carries a maximum penalty of $59,108 for an individual, or $591,080 for a corporation.

Excessive Mass, Dimension and Loading Offences

The HVNL also creates offences for exceeding the Mass, Dimension and Loading limits imposed by the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. These limits set out the total allowable mass or load of heavy vehicles. Offences for exceeding these limits are categorised into tiers – minor, substantial, severe and critical. The severity of the breach is assessed with a focus on the potential risk caused by the breach.

Offences for Failing to Take Sufficient Rest Breaks

It is also an offence to not comply with the requirements to take sufficient rest breaks while driving. Chapter 6 of the HVNL and the Heavy Vehicle (Fatigue Management) National Regulation contains the requirements to manage driver fatigue. The regulations set out the minimum rest requirements. Offences under these provisions are categorised into minor, substantial, severe and critical breaches, and carry penalties that correspond to their severity.

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