Cooper Grace Ward is proud to announce prestigious international legal research firm Chambers & Partners has listed lead litigation and dispute resolution partner Rocco Russo and his team in its ...
The National Transport Commission (NTC) has released its review of the Heavy Vehicle National Law penalties framework.
The review was based on consultation and feedback from government and industry. It proposes various changes that are intended to make penalties fairer and more consistent across Australia. A complete copy of the report is available here.
The report recommends that the penalties for a number of offences, particularly in relation to fatigue and speed, be increased. For example, it is proposed that the penalty for making a demand that may result in a driver exceeding the speed limit (section 213) should be increased from $6,000 to $10,000.
The NTC did not recommend that maximum penalties be increased for second and subsequent offences. Under section 596 of the HVNL a five-times corporate multiplier applies for maximum court-imposable penalties. This is consistent with the approach in a range of Commonwealth laws. The review considered submissions that this multiplier be reduced for small companies and ‘owner operators’ but ultimately rejected this proposal.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.
Subscribe to our interest lists to receive legal alerts, articles, event invitations and offers.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.