Prime Mover Magazine

NHVR accepts enforceable undertaking for CoR education

The National Heavy Vehicle Regulator (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.

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,” said Petroccitto.

“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," he said.

Conor Hanlon LORAC General Manager of Rail Operations, said 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," said Hanlon.

“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," he said.

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 ongoing 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 Heavy Vehicle National Law (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.

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