NHVR prosecutes three directors for primary duty offences

NHVR

A heavy vehicle operated by a scrap metal company found to be substantially over mass has led to charges filed against the company and its three directors in Bayswater, Victoria.

After the vehicle was intercepted, investigations into the company revealed that over a 27-month period there were 69 instances of heavy vehicles loaded and operated by the company which exceeded mass limits.

NHVR Acting Director of Prosecutions Elim Chan confirmed the charges “The Victorian company has been charged with Category 1, 2 and 3 offences under the Heavy Vehicle National Law (HVNL). These are the most serious offences available under the HVNL.”

In addition, the three directors of the company have also been charged with Category 2 and 3 offences, including charges for failing to comply with their due diligence obligations as required under the HVNL.

Elim Chan stated that the primary duties charges have been laid after repeated breaches of the HVNL were identified. “These charges demonstrate that the NHVR will always consider if executives are complying with their personal obligations to exercise due diligence.”

  • Category 1 offences carry a maximum penalty of $354,639 and up to five years imprisonment for an individual and $3,546,390 for a corporation.
  • Category 2 offences carry a maximum penalty of $177,321 for an individual and $1,773,210 for a corporation.
  • Category 3 offences carry a maximum penalty of $59,108 for an individual and $591,080 for a corporation.

The matter will next be heard on 23 February 2023 at Ringwood Magistrates Court.

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