Heavy vehicle safety: $140,000 enforceable undertaking for breaches

A major NSW-based civil infrastructure and utilities constructer has implemented close to $140,000 worth of safety initiatives via an enforceable undertaking following two separate and significant mass breach incidents.

The company, Ferrycarrig Construction, proposed implementing nine safety initiatives, including ensuring subcontracts contain compliance assuring conditions and other chain of responsibility performance-management provisions, targeted chain of responsibility training focused on loading procedures, a load management campaign and establishing a calibration register.

The company also proposed finalising retro-fitting scales to its remaining fleet of 6 to 10-wheeler trucks, implementing a load mass verification system to record each loaded trip, and adding labels of the allowable mass limits to its 6 to 10-wheeler trucks.

The enforceable undertaking was accepted by the National Heavy Vehicle Regulator (NHVR) and the company has delivered its proposed enhanced safety measures.

The NHVR would accept an enforceable undertaking proposal when it was determined the measures would lead to safety benefits for the wider industry, said NHVR executive director statutory compliance, Raymond Hassall.

“Enforceable undertakings allow the NHVR to further enhance, encourage and monitor safer behaviours, which in turn improves safety for everyone on the road,” Hassall said.

“Rather than companies paying fines for breach incidents, enforceable undertakings are designed so the money is instead invested internally on measures which directly lead to safer outcomes.

“This case is a strong example of how the NHVR’s commitment to improving the transport community’s safety measures delivers an improved outcome for not only the business and its associated workforce, but the wider public.”

Before agreeing to an enforceable undertaking proposal, the NHVR said it will consider a range of factors including whether they will promote a strong safety outcome, offer a broad benefit to the transport community, whether the value of the undertaking aligns with potential court penalties, and the specificity and measurability of the proposed measures.