The National Heavy Vehicle Regulator (NHVR) is urging all operators to review fleet roadworthiness, following the prosecution of a company director who failed to maintain and service a fleet of heavy vehicles, resulting in a fatal collision.
The company director was convicted and fined $42,000 for a category 2 offence under the Heavy Vehicle National Law (HVNL) following the October 2020 death of a truck driver employed by the concrete manufacturing company.
The driver was killed when the truck was unable to manoeuvre a road turn and collided with a tree in South Australia.
A subsequent inspection revealed the truck’s brakes were so deficient that five of the eight wheel brakes, exhaust brake, service and emergency braking were not operational.
Acting Director of Prosecutions Iain Macdonald said visual inspections were carried out on the company’s remaining fleet following the incident.
“NHVR Safety and Compliance Officers, alongside South Australia Police, inspected the fleet and discovered 21 of the 22 heavy vehicles were defective; 19 of those with major defects which posed a serious safety risk,” Macdonald said.
“As a result of this significant number of defects, a formal investigation was launched and revealed that the company had no effective policies or procedures in place for repairs, service or maintenance of their heavy vehicles.”
Macdonald said the company’s director failed to implement appropriate maintenance and repair systems to operate safely.
This included the failure to ensure the heavy vehicles were routinely serviced and repair any reported faults.
“Every operator has an obligation under the HVNL to ensure the safety of their transport activities, ensuring their fleet receives regular maintenance inspections and repairs are completed as soon as a fault is detected,” Macdonald said.
“This incident is a tragic reminder of what can occur when an operator does not prioritise the safety of its employees, other road users and the community.”
In a separate charge, the company has entered a guilty plea for a Category 1 offence, with sentencing to occur at a later date.
The NHVR’s Heavy Vehicle Confidential Reporting Line (HVCRL) is a secure, national service for participants in the heavy vehicle industry and supply chain to report safety issues relating to procedures, practices or conditions that could endanger a driver or road user.
Calls are free to HVCRL on 1800 931 785, 7am-4:30pm (AEST) Monday to Friday.
Read more safety news from the NHVR.
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