The Heavy Vehicle National Law (HVNL) has section 26D Duty of executive of legal entity which is also known as the “due diligence” obligation, if a legal entity has a safety duty, an executive of the legal entity must exercise due diligence to ensure the legal entity complies with the safety duty,
An executive officer, of a corporation, means, a director of the corporation; or any person who is concerned or takes part in the management of the corporation.
| Section |
Offence |
| 26C |
Failing to comply with duty in 26C – Offences in 26 F, G and H |
| 26E(1) or (2) |
Prohibited requests and contracts (26E) – Requests or contract terms that encourage people to speed, drive whilst fatigued, drive in breach of work and rest hours, or to commit another offence to avoid breaching fatigue laws. |
| 89 (1) |
Safety Requirement (89) – Permitting unsafe vehicle to be used |
| 93(1), (2) or (3) |
Person must not tamper with speed limiter fitted to heavy vehicle (93) |
| 129(1), (2) or (3) |
Contravening condition of mass or dimension exemption generally (129) – Using or permitting use of vehicle that breaches condition of permit or notice. |
| 137 |
Using class 2 heavy vehicle (137) – Using or permitting use of a class 2 heavy vehicle without authorisation. |
| 150(1) |
Contravening condition of class 2 heavy vehicle authorisation (150) – Breach of condition of authorisation by driver or operator. |
| 153A(1) |
Using restricted access vehicle (153A) – Using or permitting use of RAV without authorisation. |
| 186(2), (3), (4) or (5) |
False or misleading transport documentation for goods (186) – Consignor, packer, receiver, loader or loading manager of goods must ensure transport documentation is not false or misleading |
| 187(2) or (3) |
False or misleading information in container weight declaration (187) – Responsible entity for a freight container, and operator, must ensure that CWD is not false or misleading. |
| 335(1) |
Person must not tamper with approved electronic recording system (335) |
| 336(1) |
Person using approved electronic recording system must not permit tampering with it (336) |
| 337(2) |
Intelligent access program reporting entity must not permit tampering with approved electronic recording system (337) |
| 454(1) or (2) |
Offence to tamper with approved intelligent transport system (454) |
| 467 |
Compliance with conditions of BFM accreditation or AFM accreditation (467) |
| 470(2), (3) or (4) |
General requirements applying to operator with heavy vehicle accreditation (470) – Operator to provide information to drivers and keep certain documents. |
| 604 |
Contravention of supervisory intervention order (604) – Person order applies to does not comply with order. |
| 610 |
Contravention of prohibition order (610) – Person order applies to does not comply with order. |
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