HVNL: know your penalties

The infringement penalties related to offences under the Heavy Vehicle National Law (HVNL) are indexed and, as such, they increase marginally at the start of each financial year.

Here's what the NHVR website says in relation to the matter:

"A major component of maximum penalties is the deterrence factor they offer in the compliance and enforcement framework. In order to remain relevant, it is necessary that penalties rise in line with other costs of business, and to this end the HVNL contains an in-built indexing mechanism. This mechanism uses Australian Bureau of Statistics figures to provide an indexed amount each year, building on the original maximum penalties. Indexation occurs on 1 July of any given year."

So, what fines can truck drivers currently expect to receive for contravening the HVNL?

Breaking the law can incur any of three measures: a fine, licence demerit points, and/or a court appearance. Lesser infractions incur a fine and possibly demerit points, while major infractions can lead to a court appearance. Fines are set at 10 per cent of the maximum penalty potentially imposed by a court.

The NHVR says there are a total of 330 offences in the HVNL, of which 144 are infringeable and eight impose demerit points.

For the full table of offences and their related penalties click here, or see below for a rundown on some of the more common offences…

Offence: maximum court penalty / infringement penalty / demerit points
60(1)(a) Compliance with heavy vehicle standards: $3360, $336
87A(1) Person must not tamper with plate or label: $3360, $336
93(1) Person must not tamper with speed limiter fitted to heavy vehicle: $11,210, N/A
96(1) Compliance with mass requirements – minor: $4470, $447
96(1) Compliance with mass requirements – substantial: $6740, $674
96(1) Compliance with mass requirements – severe: $11,210, N/A
102(1)(b) Compliance with dimension requirements – minor: $3360, $336
102(1)(b) Compliance with dimension requirements – substantial: $5620, $562
102(1)(b) Compliance with dimension requirements – severe: $11,210, N/A
129(1) Contravening condition of mass or dimension exemption generally: $6740, $674
186(3) False or misleading transport documentation for goods: $11,210, N/A
193(2) Weight of freight container exceeding weight stated on container or safety approval plate: $11,210, N/A
228(1) Duty of driver to avoid driving while fatigued: $6740, N/A (3 demerit points)
250(1) Operating under standard hours – solo drivers – minor: $4470, $447
250(1) Operating under standard hours – solo drivers – substantial: $6740, $674
250(1) Operating under standard hours – solo drivers – severe: $11,210, N/A (3 demerit points)
293(1) Driver of fatigue-regulated heavy vehicle must carry work diary: $6740, $674
298(1) Failing to record information about odometer reading: $1680, $168
303 Time zone of driver's base must be used: $1680, $168
325(1) False or misleading entries: $11,210, N/A
326(1) Keeping two work diaries simultaneously prohibited: $11,210, N/A
328 False representation about work records prohibited: $11,210, N/A
467 Compliance with conditions of BFM or AFM accreditation: $6740, $674