COR kicks in with $250k enforceable undertaking

The NHVR has accepted an enforceable undertaking (EU) from Laing O’Rourke Australia Construction Pty Ltd (LORAC) that will see $249,500 contributed to chain of responsibility education.

The EU stems from an allegation by Roads and Maritime Services that on 16 October 2018 and 24 May 2019 LORAC failed to comply with the mass requirements as required by s 96(1)(c) of the Heavy Vehicle National Law.

In the first instance, a heavy vehicle operated by LORAC was weighed at Mount White on the Pacific Highway and found to have a weight on the steer axle of 7.88 tonne, 21.2 per cent over the 6.5 tonne allowable.

In the second case, a heavy vehicle operated by LORAC was weighed at Kankool on the New England and it was alleged that the weight of that vehicle was 26.92 tonne which was 34.6 per cent over the 20 tonne allowable.

Transport for New South Wales (TfNSW) commenced prosecutions against LORAC on the basis of the contraventions.

On October 22, LORAC notified the NHVL that it would offer the enforceable undertaking. The notification was made to the NHVR and not to TfNSW because no Authorised Officer in TfNSW had been empowered to act under 10.1A of the NHVL.

NHVR CEO Sal Petroccitto said that the EU was a first for the NHVR and was an appropriate alternative to prosecution in the circumstances.

“The alleged offences were of the highest risk category, however there was no manifestation of this risk to public safety, road infrastructure or the environment,” Mr Petroccitto said.

“The value of the EU is significantly in excess of any penalty a court would impose and is likely to achieve significant safety improvements to the local heavy vehicle industry, the wider supply chain and the broader community.

“Proper education and training around overmass vehicles lessens the impact on infrastructure and make our roads safer for everyone.

“While, these offences are always concerning we have been able to achieve a positive outcome here that will benefit all parties.”

Conor Hanlon LORAC General Manager of Rail Operations, says Laing O’Rourke is pleased with the outcome agreed between the two parties.

“We understand the serious nature of these alleged offences and appreciate that the NHVR worked with us in a collaborative way to reach a positive solution," Mr Hanlon said.

“The enforceable undertaking will ultimately offer more benefits than an imposed penalty and we look forward to delivering each element of the agreement to the highest standard possible.”

Some conditions of the EU include:

>> A commitment that the behaviour that led to the alleged contravention has ceased and will not reoccur
>> A commitment to the on-going effective management of public risks associated with transport activities
>> The delivery of a Chain of Responsibility Online Training Course
>> The delivery of Face to Face Chain of Responsibility Training Workshops
>> Engaging a third-party to conduct a Transport Safety Management System Audit.

In the event of an alleged contravention of the HVNL, the NHVR, as an alternative to prosecution, may accept an enforceable undertaking given by the person who is alleged to have committed the contravention.

Click here for more information on the enforceable undertaking.