From 1 August 2022, the National Heavy Vehicle Regulator (NHVR), took over from Transport for NSW representing the State in Heavy Vehicle prosecutions for alleged breaches of the Heavy Vehicle National Law.
Importantly, it has been explained at a recent presentation by the NHVR that:
- Each heavy vehicle national law prosecution will now be assigned a specific prosecutor for the duration of proceedings.
- On request by the defence, full briefs of evidence will be served without the need for a not guilty plea or brief service orders.
- Early dialogue/negotiation will be encouraged.
- There are new sentencing options including Supervisory Intervention Orders (SIO) which are similar to Community Correction Orders, aimed at education and retraining.
- Companies can approach the NHVR and seek an enforceable undertaking (EU) in place of continued court proceedings. This is an agreement between the company and the NHVR that certain quantifiable changes will be made to the way their operations are conducted. An EU can also include non-judicial remedies such as public apologies made by company directors.
If you or someone you know is a heavy vehicle operator, you should continue to familiarise yourself with the Heavy Vehicle Nations Law and in the event that a breach is alleged seek expert advice in respect of the matter.
Carol Younes, Partner