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Enforcement mechanisms under the HVNL

Enforcement mechanisms under the HVNL

The Heavy Vehicle National Law ( HVNL ) provides for a wide range of enforcement mechanisms. Often in our monthly articles we look in-depth at…

Saturday, Nov 26

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The Heavy Vehicle National Law ( HVNL ) provides for a wide range of enforcement mechanisms. Often in our monthly articles we look in-depth at one or two of these mechanisms, so it be can easy to lose track of the bigger picture. In this article, we will give you an overview and quick rundown of all the enforcement mechanisms available to authorised officers, National Heavy Vehicle Regulator (NHVR) and the courts under the HVNL. Formal Warnings

At the ‘less serious’ end of the enforcement spectrum are formal warnings. A formal warning can be issued by an authorised officer (being an authorised police officer or any person specified in the HVNL to be an authorised officer), if they reasonably believe that a person has contravened the HVNL but has exercised reasonable diligence to prevent the contravention and was unaware of it.

Formal warnings cannot be given for substantial or severe risk breaches of mass, dimension or loading requirements, or for substantial, severe or critical risk breaches. Enforceable undertakings

Currently, enforceable undertakings ( EUs ) are a popular enforcement mechanism with the National Heavy Vehicle Regulator (NHVR). An EU is when a person (i.e. an individual or company) offers to make an undertaking to the NHVR in respect of a contravention or an alleged contravention of the HVNL. This offer will include an undertaking to, for example, provide further training to the company’s employees or invest in industry education or to upgrade their company’s equipment. An EU will be accepted where […]

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