Regulator charges Lindsay Australia arms over fatal truck crash

Regulator also grounds Auswide Linehaul Services’ fleet on safety issues

Regulator charges Lindsay Australia arms over fatal truck crash
The NHVR has two companies in its sights


The National Heavy Vehicle Regulator (NHVR) will see two Lindsay Australia entities in court over a fatal truck crash two years ago.

Court documents have been issued on a day when, separately, in a formerly rare occurrence, the NHVR publically reveals it has issued a prohibition notice and names the companies involved.

Lindsay informs the Australian Securities Exchange (ASX) the proceedings are issued in the Local Court of New South Wales against Lindsay Transport Pty Ltd and Lindsay Brothers Management Pty Ltd.

"The offences are alleged to have occurred between 30 September 2018 and 14 November 2018 at Boambee NSW, and relate to an accident and consequential fatality of a Lindsay employee at Loganlea Qld on 14 November 2018," Lindsay’s ASX statement says.

"Relevant authorities including Queensland police inspected the accident site and company equipment.

"The company has duly assisted and responded to all enquiries made by authorities but is not aware of the outcome of those investigations.

"The company is determining its response to the proceedings."

An NHVR statement on this matter is expected today.

Last year, Lindsay entered into an enforceable undertaking with SafeWork NSW over a fatality at its Arndell Park site in 2015.

NHVR takes aim at WA transport company over fatigue breaches. Read here:

Meanwhile, the prohibition notice is placed on Melbourne-based Sidhu Investments (QLD) Pty Ltd (ACN 614 456 012), trading as Auswide Linehaul Services, following an investigation by the NHVR into safety standards.

And it promises to be just the start.

"NHVR officers entered the company’s premises in September as part of an ongoing safety standards investigation into a number of companies," the authority says.

"The NHVR is in the advanced stages of investigations of other companies with similar safety concerns."

NHVR CEO Sal Petroccitto says the notice grounds the company’s entire fleet.

"Our number one priority is safety – for drivers and for other road users – and getting these vehicles off the road is the only way to respond to this serious safety risk," Petroccitto continues.

"The NHVR will not hesitate to ground fleets that put their employees and the broader community in danger."

The notice, issued under s 576A of the Heavy Vehicle National Law (HVNL), orders the company to cease operating until it has implemented controls in fatigue management and training, fitness for duty, non-conformance management, incident management, vehicle safety and due diligence.

The spokesperson explains that the section gives the NHVR sole control of the situation and, as it involves public and industry road safety concerns, naming the firms involved is deemed necessary.

According to the NHVR, the move follows a number of incidents involving the company in recent months.

These include a vehicle rollover on November 1 and a near-miss head-on collision between two heavy vehicles on September 17.

Though Auswide is a name used in part by at least one other transport firm, an NHVR spokesperson says the grounding focuses on this particular firm, hence its release of the relevant ACN number.


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