The National Heavy Vehicle Regulator (NHVR) has released a case study related to mass and maintenance management systems. The case learning provides guidance to transport operators on steps that they can take to protect themselves against prosecution, and is a great reminder that the Heavy Vehicle National Law (HVNL) is concerned with potential harm, not actual harm. Again, an accident or fatality does not have to occur for charges to be brought. 

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Considering the potentially significant consequences of non-compliance with the primary duty obligation, it is important to review your company’s safety systems and ensure that the company is doing everything reasonably practicable to eliminate or minimise risks in your transport activities. 

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Having policies and procedures is not enough

The company in the case study had “mature and robust” policies but they were not adequately enforced, followed, administered, monitored or reviewed. Simply having policies and procedures in place to manage risk is not enough. Your company must ensure that it complies with those policies and procedures, as well as continuing to monitor and review them. Unavin integration and automation are designed to make this more consistent and easier to achieve. 

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Reasonably practicable measures operators can take

The case provides some reasonably practicable measures operators can take to reduce or minimise the risks associated with mass management and maintenance of heavy vehicles, including: 

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• Ensure all loaded heavy vehicles are weighed prior to undertaking any journey to ensure the weight complies with the prescribed weight limits; 
• Where necessary, develop and implement policies with respect to the regular and effective maintenance, calibration, service and repair of weight scales; 
• Keep accurate records of fault reports, calibrations, audits, repairs, services, and maintenance of weight scales;  
• Provide adequate information, training, instruction, and/or supervision of mass and loading requirements and procedures to drivers and other parties in the chain of responsibility; 
• Develop and implement systems and processes, including disciplinary practices, to ensure adherence by all employees to policies and procedures to manage prescribed mass limits; 
• Develop and implement a policy with respect to the regular and effective maintenance, service and repair of heavy vehicles; 
• Develop, implement, and enforce systems and procedures to ensure drivers complete pre-check procedures on heavy vehicles and that any reported faults are appropriately rectified prior to undertaking any journey;  
• Keep accurate records of fault reports, repairs, services, and maintenance of heavy vehicles;
• Act promptly and appropriately on fault reports made by workers with respect to heavy vehicles; and
• Monitor and review all policies and procedures to ensure they still meet the needs of the company. 

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Get in touch to see how we can help to automate the demonstration of compliance with the HVNL.

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