Regulator also accepts YF Waste mass breach enforceable undertaking
The National Heavy Vehicle Regulator (NHVR) has filed primary duty charges against the directors of a Queensland mining company operating as a prime contractor of drivers of heavy vehicle combinations.
The NHVR initiated an investigation on the as-yet unnamed firm following a fatality in May 2019 involving a heavy vehicle rolling on an incline.
The regulator says it will allege that the directors of failed to exercise due diligence to ensure the company fulfilled its duty under section 26C of the Heavy Vehicle National Law (HVNL), with the matter listed for a first mention in the Biloela Magistrates’ Court on June 30.
More on the regulator’s first supervisory intervention order, here
Meanwhile, the NHVR also reports it has accepted an enforceable undertaking (EU), from YF Waste Services, after the company failed to comply with mass weight requirements.
On August 12, 2020, a heavy vehicle operated by YF Waste Services, trading as Skips365, was weighed at Chester Hill, detected with minor-risk gross overmass 104.83 per cent overloaded and severe risk axle overmass 125.56 per cent overloaded respectively.
No death, injury or infrastructure damage was caused by these particular overloads.
YF Waste proposed the EU for the HVNL breach in lieu of a prosecution by Transport for New South Wales.
The EU consists of enhanced driver education and training, with an aim of leading to improved compliance in the future, including:
- Training of all employees of the proper procedure to follow when arranging for the accurate heavy vehicle to be sent for collection
- Driver training, to ensure that upon collection of customer’s skip bins, the heavy vehicle is weighed
- Directive to all employees of the enhancements and rectifications to be enacted.
The EU has a minimum expenditure of $18,000.