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Rod Chapman15 Dec 2017
NEWS

FAQ: Updated HVNL penalties

The NHVR has just updated its schedule of Heavy Vehicle National Law infringements and penalties; here's a snapshot of some of the more common ones…
The Heavy Vehicle National Law (HVNL) applies to heavy vehicles with a GVM of over 4500kg and is in place in states and territories except Western Australia and the Northern Territory. Administered by the National Heavy Vehicle Regulator, the HVNL is enforced by police and transport officers with a regime of penalties that span infringements, licence demerit points and court-imposed penalties, depending on the severity of the offence.
With the schedule of HVNL penalties listed over 54 pages, how well do you know your infringements and their related consequences? The fines listed below show the indexed amounts that apply for 2017/2018.
Here we've listed some of the more common ones, and what a driver or operator can expect to receive if they're caught breaking the rules…
Driving a heavy vehicle that is unregistered or whose registration is suspended
Max court-imposed penalty: $10,790
Infringement penalty: $1079
Illegally modifying a heavy vehicle
Max court-imposed penalty: $3240
Infringement penalty: $324
Tampering with an emissions control system
Max court-imposed penalty: $10,790
Tampering with a speed limiter fitted to a heavy vehicle
Max court-imposed penalty: $10,790

Exceeding mass requirements
Minor
Max court-imposed penalty: $4310
Infringement penalty: $431
Substantial
Max court-imposed penalty: $6480
Infringement penalty: $648
Severe
Court-imposed penalty: $10,790 (with an additional $500 for every additional 1% over a 120% overload, up to a maximum of $20,000)
Contravening a mass or dimension exemption generally
Max court-imposed penalty: $6480
Infringement penalty: $648
Pilot vehicle warning signs displayed on pilot vehicle unless being used for a heavy vehicle under a dimension exemption
Max court-imposed penalty: $3240
Infringement penalty: $324
False or misleading transport documentation for goods
Max court-imposed penalty: $10,790
Duty to ensure driver's schedule will not cause driver to exceed speed limit
Max court-imposed penalty: $10,790
Liability of employer for speeding offences
Exceed speed limit (90km/h or under) by less than 15km/h
Max court-imposed penalty: $3240
Infringement penalty: $324
Exceed speed limit (70-90km/h) by 15km/h or more
Max court-imposed penalty: $5400
Infringement penalty: $540
Exceed 100km/h speed limit by 15km/h or more
Max court-imposed penalty: $10,790
Duty of driver to avoid driving a heavy vehicle while fatigued
Max court-imposed penalty: $6480 and 3 demerit points

Duty of party in chain of responsibility to prevent driver driving while fatigued
Max court-imposed penalty: $10,790
Solo driver on standard hours exceeds maximum work hours
Minor
Max court-imposed penalty: $4310
Infringement penalty: $431
Substantial
Max court-imposed penalty: $6480
Infringement penalty: $648
Severe
Max court-imposed penalty: $10,790 and 3 demerit points

Critical
Max court-imposed penalty: $16,190 and 4 demerit points
Driver of fatigue-related heavy vehicle isn't carrying his or her work diary
Max court-imposed penalty: $6480
Infringement penalty: $648
False or misleading work record entries
Max court-imposed penalty: $10,790
Ignoring direction to stop or move heavy vehicle by enforcement officers (and without any reasonable excuse)
Max court-imposed penalty: $6480
Infringement penalty: $648

Obstructing or impersonating an authorised officer
Max court-imposed penalty: $10,790

To read the full 54-page schedule of penalties click here.

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Written byRod Chapman
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