Investigation triggered by tip-off to confidential reporting line.
New Chain of Responsibility (COR) laws will be tested for the first time, with the National Heavy Vehicle Regulator (NHVR) reporting it has laid charges against a company director for failing to exercise due diligence to ensure the company complied with its safety duty.
This first prosecution comes after the NHVR conducted a safety duties investigation into a Victorian trucking company in relation to fatigue management of its drivers.
Court documents show the charges are against N Godfrey Haulage and its director, Nathan Godfrey.
“We believe the company failed to comply with conditions of its fatigue management accreditation,” NHVR executive director statutory compliance Ray Hassall says.
“This requirement forms part of the Heavy Vehicle National Law’s (HVNL) primary safety duty and executives are required to exercise due diligence to ensure a company complies with this duty.
“As a result of that investigation, NHVR has laid charges against both the company and the company director for failing to meet these duties.
“The aim of the HVNL is to ensure that everyone in the Chain of Responsibility is doing what they are required to do to keep road users and transport workers safe.
“We know that drivers are constantly put under pressure at the depot or the loading dock and we want to hold the people responsible accountable.
NHVR notes the investigation was triggered in response to information provided through the Heavy Vehicle Confidential Reporting Line (HVCRL), and other information available to the NHVR in assessing the risk the operator posed to safety.
The matter is listed for mention in Dandenong Magistrates Court on February 20.