The National Heavy Vehicle Regulator (NHVR) is urging all operators to review their safety practices following the successful prosecution of a Sydney-based earthmoving contractor over a fatal collision in November 2021.
The incident involved a heavy vehicle driver employed by the company ,whose truck collided with a light vehicle, tragically resulting in the death of the light vehicle driver and serious injuries to the passenger.
An investigation into the company revealed the heavy vehicle driver had suffered from significant health issues for several years, requiring 24-hour oxygen support and a family member to accompany them on work trips.
The company was found guilty of a Category 2 offence, one of the most serious under the Heavy Vehicle National Law (HVNL), receiving a $1.2 million fine and a further $75,000 in prosecution costs.
A Supervisory Intervention Order (SIO) was also imposed over the next 12 months, with one of the requirements being that all staff and contractors employed by the company to have medical clearance or fitness to drive assessments before operating a heavy vehicle.
Other requirements within the SIO state the company must engage a suitably qualified external training provider to deliver tailored training to the owners and all employees.
NHVR Director of Prosecutions Brett Hearnden said the company had admitted to backdating the commencement date of its safety manual and had insufficient policies and procedures in place to ensure their drivers were fit for duty.
"This tragic incident is a sad reminder of what can occur when an operator does not prioritise the safety of its employees, other road users and the community," Mr Hearnden said.
He explained operators of heavy vehicles must ensure the safety of transport activities and to ensure conduct does not cause or encourage a driver of a heavy vehicle to breach the law.
"Put simply, it's each operators' responsibility to do everything they can to make transport actions safe, which is why it's called the primary duty," he said.
"In this instance, the company failed to implement and enforce systems and procedures to effectively manage the drivers' fitness for duty.
"Drivers need to be in a suitably fit state to perform their driving tasks so that they don't compromise or threaten their own safety and the safety of others."
The NHVR has a Heavy Vehicle Confidential Reporting Line (HVCRL) which 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.
"If you're an operator or driver who is aware of dangerous commercial pressures or safety practices from the activities of off-road parties, we encourage you report them," Mr Hearnden said.
"Each person can play a role in preventing serious and fatal incidents."
