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Most states in Australia are bound by the Heavy Vehicle National Law (HVNL) and Victoria is one of them. The law makes provisions for the regulations and operations of heavy vehicles in the state. The purpose of the law is to stabilise a national system for enabling the use of heavy vehicles on the roads. It is the responsibility of every person under the chain of responsibility (COR) to see to it that these laws are obeyed. Failure on the part of anyone attracts penalties.s
If an individual is convicted in a Victorian court for a heavy vehicle offence, the offence will show up as a disclosable court outcome (DCO) on a criminal history check in Victoria.
The chain of responsibility consists of everyone under the road conveyance supply train.
The HVNL provides for parties to the chain of responsibility for a heavy vehicle. They are;
Section 6(1) of the HVNL defines a heavy vehicle as any vehicle with a Gross Vehicle Mass (GVM) and an Aggregate Trailer Mass (ATM) above 4.5 tonnes. 6(2) also provides that a heavy vehicle is a combination that encompasses a vehicle with a GVM or ATM above 4.5 tonnes.
Driving a fatigue-regulated heavy vehicle when tired is illegal in Victoria. Under Section 225 of the HVNL, a person is said to be impaired by fatigue if such a person's ability to steer a fatigue-regulated heavy vehicle is influenced by fatigue.
Section 228(1) of the HVNL imposes a duty on a fatigue-regulated heavy vehicle driver to avoid driving such heavy vehicles on the road when impaired by fatigue.
According to section 7 of the HVNL, the following heavy vehicles fall under the category of a fatigue-regulated heavy vehicle;
In Victoria, fatigue-regulated heavy vehicle drivers have stipulated requirements for their maximum work time and minimum rest time.
The HVNL defines maximum work time as the duration the driver of a fatigue-regulated vehicle may work without resting.
On the other hand, the law defines minimum rest time as the minimum recess time that a driver of a fatigue-regulated vehicle should take.Penalty
This offence is divided into minor, substantial, severe and critical risks and the penalty attached to them varies.
4 demerit points will be recorded against a person who disobeys the maximum work and minimum rest requirement while driving a fatigue-regulated heavy vehicle.
In Victoria, it is an offence for the driver of a heavy vehicle to go above the speed limit. Usually, where an offence is committed, the employer will in addition, be held responsible for the crime. Basically, people under the chain of responsibility will be held liable. Note also that any person who requests the driver of a heavy vehicle to drive the vehicle above the speed limit commits an offence under law.
The particular persons under this chain of responsibility are;
Note that these Heavy vehicle speeding penalty is for;
It is an offence under the Heavy Vehicle National Law to not comply with the loading requirements of a heavy vehicle. Section 111 of the HVNL places the responsibility on everyone under the chain of responsibility to ensure that the heavy vehicle and its components obey the loading requirements which apply to the heavy vehicle.Penalty
In Victoria, when a heavy vehicle is overloaded, the penalty will be calculated based on the proportion that the load is over the acceptable weight. Also, whether the person being charged is an individual or body corporate will be considered. It will also be determined if the criminal is a first-time or recurrent offender.
Note that any person who is found guilty of non-compliance with the loading requirements will face a maximum penalty of;
Sections 112,113, and 114 of the HVNL defines what entails a minor, substantial, and severe risk breach, respectively.
If an individual is found guilty of a heavy vehicle offence in a Victorian court, the offence will show up as a disclosable court outcome (DCO) on the results of a police background check.
Individuals can obtain a background check online via the Australian National Character Check - ANCC® website.
Heavy Vehicle National Law (HVNL) - https://www.nhvr.gov.au/law-policies/heavy-vehicle-national-law-and-regulations
Victoria State Government (Fine Amounts and Demerit Points) - https://www.camerassavelives.vic.gov.au/fines-penalties/fine-amounts-demerit-points
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