NHVR Secures Supreme Court Injunction Against Queensland Transport Company

The following is an abridgement of an article originally published by the National Heavy Vehicle Regulator.

Supreme Court Injunction

The National Heavy Vehicle Regulator (NHVR) has secured a Supreme Court injunction preventing a Queensland-based transport company and its director from operating after they repeatedly ignored prohibition notices.

According to the NHVR, the regulatory action follows the detection of more than 200 mechanical faults and nearly 70 offences across the operator's fleet over a two-year period.

Safety Violations and Ignored Notices

NHVR Executive Director of Statutory Compliance Paul Alsbury stated that 16 heavy vehicles from the company's fleet were inspected, with every vehicle found to be defective.

The regulator issued three prohibition orders against the company and one against the director, directing them to cease transport activities until the identified safety risks were addressed. The NHVR reported that the operator continued to function despite these notices.

Under the new injunction, continuing to operate will constitute defiance of a court order, exposing the company and director to significant fines or imprisonment.

Regulator's Comment

Alsbury emphasised the importance of the primary duty under the Heavy Vehicle National Law, stating,

"It’s each operators' responsibility to do everything they can to make transport actions safe, which is why it’s called the primary duty.
Blatantly ignoring that duty and continuing to operate unsafe heavy vehicles is unacceptable.
The NHVR will continue to ensure operators remain accountable and comply with the Heavy Vehicle National Law (HVNL)."