HVNL: Contraventions of primary and safety duties

An improvement notice (notice) is one of the avenues available to the National Heavy Vehicle regulator (instead of prosecution) under the Heavy Vehicle National Law (HVNL) when there is suspicion of a potential breach of law. A recent decision of the Queensland Civil and Administrative Tribunal (Tribunal) has provided insight into the process of issuing and revoking notices.

GrainCorp Operations Limited v Executive Director (Heavy Vehicles & Prosecutions) Department of Transport and Main Roads & Department of Transport and Main Roads (GAR167-20), considers what evidence is required in order to identify a contravention of primary and safety duties under the HVNL with consideration to what reasonably practicable alternatives are within the knowledge and availability to those owing such duties.