2021: The year the enforceable undertaking came of age

2021 saw a big uptick in the number of enforceable undertakings accepted by the National Heavy Vehicle Regulator (NHVR), a trend that confirms a shift in the regulator's approach to enforcement and penalising contraventions of the Heavy Vehicle National Law (HVNL).

Last year, the NHVR accepted a total of seven enforceable undertakings offered by companies alleged to have breached the HVNL. This was up from only two accepted by the regulator in 2020.

The enforceable undertaking regime became part of the HVNL in 2018. However, it was not until March 2020 that the NHVR first accepted an enforceable undertaking offered by an alleged offender. Line honours went to a construction company accused of breaching mass requirements, whose undertaking to commit very significant resources to improve the safety of its transport activities persuaded the NHVR not to prosecute.