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WA depot manager in HVNL breach conviction

Two-up operation caught violating fatigue regulations in SA

 

The depot manager of a Western Australian firm has been convicted in South Australia under the Heavy Vehicle National Law (HVNL) for critical fatigue breaches, the National Heavy Vehicle Regulator (NHVR) reports. 

While choosing not to name the individual or firm involved, NHVR executive director statutory compliance Ray Hassall says an investigation was launched after two-up drivers from the company were intercepted by NHVR officers near Ceduna. 

By the time the drivers were stopped by officers near Ceduna, both drivers had been driving for eight days without a 24 hour rest break.

“Officers pulled up a two-up driving arrangement near Ceduna and found that both drivers were in critical breach of their work and rest requirements under the HVNL,” Hassall says. 

“They were on the return leg of a trip from Perth to Sydney and had notified their depot manager that they both required their mandated 24 hour rest break. 

“The defendant then instructed them to ‘lose their work diaries’ and continue driving.”


How a Qld firm copped a hefty speed limiter lesson in NSW, here


The defendant was charged with two offences against HVNL Section 26E – one count relating to each of the drivers in the two-up arrangement. 

The defendant pleaded guilty and was fined $3,000 per count, which was reduced from $4,000 per count for his guilty pleas at the earliest opportunity. 

A conviction was recorded on each count.

The maximum penalty for each offence was $11,120.

“Heavy vehicle safety is everyone’s responsibility,” Hassall says.

“Whether you’re a depot manager, a driver, working in a distribution centres, scheduling or even a managing director, you have an obligation to do your best to keep our roads safe.

“If you are asked to do something you know is not safe you can make a free confidential report to the Heavy Vehicle Confidential Reporting Line on 1800 931 785.”

 

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