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NHVR enforceable undertaking not fines for two companies

NHVR accepts enforceable undertakings from J.J. Richards & Sons Pty Ltd and Brother Nature Pty Ltd over vehicle mass and loading

The NHVR recently accepted two enforceable undertakings (EU) from J.J. Richards & Sons Pty Ltd (JJR) and Brother Nature Pty Ltd (Brother) valued over $50,000 to correct activities around vehicle mass and loading requirements.

The EU for JJR stems from a skip bin loaded to a heavy vehicle operated by JJR was found to be leaking water onto the vehicle and road surface.

The steer axle of a heavy vehicle operated by Brother weighed 1,020kg, which is a severe mass breach over the allowed limit of 750kg.

NHVR director of prosecutions Belinda Hughes said EUs offer an alternative to a court fine.


Read about more enforceable undertakings from the NHVR, here


“EUs are a legal agreement designed to correct the risks and behaviours that caused the offence to occur,” Hughes says.

“Instead of proceeding with the court matter which may only result in a fine, we have given the companies an opportunity to spend money on their own safety systems and procedures that will protect them and the broader community in the future.”

As part of the EUs, JJR will complete $11,550 of corrective activities, including employing a consultant to review and certify the company’s load restraint requirements and expanding on the company’s existing skip truck operator handbook and training modules.

Brother will develop and implement a series of safety and compliance training courses, systems and processes, which will cost $38,454.

For more information on mass and loading and the risks and penalties, visit www.nhvr.gov.au/road-access/mass-dimension-and-loading

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