NHVR files primary duties charges against SA company

Primary duties offences have been laid against a South Australian manufacturing company and its executive following an incident in February 2019.

The company has been charged with category 1, 2 and 3 offences under the Heavy Vehicle National Law while the executive has been charged with failure to comply with a duty.

The charges stem from the incorrect restraint of a load on a trailer by someone who had not been adequately trained in load restraint nor had any relevant experience restraining loads on heavy vehicles.

When the vehicle subsequently had to stop suddenly at a traffic light, the load of metal beams shifted forward, smashing the rear window of the prime mover cabin.

National Heavy Vehicle Regulator Director Prosecutions, Belinda Hughes, said that the matter was a reminder of the importance of adequate safety education.

“This is an incident which could have been prevented by proper safety education and risk management systems,” said Hughes.

“It’s an important reminder to everyone in the Chain of Responsibility of their duty to provide training and supervision around all parts of the heavy vehicle task. Ignoring this duty presents a serious safety risk to your own employees and all other road users.”

The matter will next be heard on 26 March 2021 at Elizabeth Magistrates Court, South Australia.

Last year, a Western Australian transport company was convicted in South Australia under HVNL for critical breaches of fatigue regulations.

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