It is helpful to understand what you are lawfully required to do and what you must answer if a National Heavy Vehicle Regulator (NHVR) compliance officer interacts with you on the roadside.
There is an important difference between what police officers can do and what the NHVR officers can do. This article is only focused on what the NHVR officers may or may not do.
What must NHVR officers do before they exercise any powers?
Before exercising any roadside powers, officers must produce their officer’s identity card for your inspection or have the identity card displayed so it is clearly visible to you. If they cannot comply with that, then they must produce the identity card at the first reasonable opportunity.
I think the officers may have acted unlawfully?
If you have had an interaction with a NHVR officer and you believe they have exceeded their powers then you may be able to challenge any infringement notice or charge.
Can they use force and arrest me?
NHVR officers cannot arrest or search individuals. They cannot use force against you or your property.
Do they have the power to stop me and enter my vehicle?
Officers may signal or direct a heavy vehicle to stop for compliance inspection. They may also direct the driver to move the vehicle to a different location, for example an inspection bay, or weighbridge.
Once stopped, an officer may:
• Enter the vehicle (including trailer or container);
• Start and stop the engine;
• Inspect, measure, test, or photograph any part of the vehicle or load;
• Check load restraint, dimensions, and mass;
• Open compartments or remove panels if reasonably necessary;
• Inspect documents or devices kept in the vehicle (e.g. work diary, permits, route maps, EWD).
Can they require me to give them information and answer their questions?
Officers may require you to state your name, address and date of birth. They can also require you to provide evidence of that, for example to show them your licence.
They may require you to produce documents including copies of permits, your work diary, consignment notes and mass declarations. They can copy or take photos of the documents.
As a practice, NHVR officers will ask you a series of questions, it is a matter for you whether you answer their questions.
Unless they are exercising a specific power to require your answers, you do not need to answer their questions about your journey, load or operator. If you are not sure, you can ask the officer “am I required to answer your questions.”
What directions can they give me?
Officers may use weighing equipment to check mass compliance, they also may require the driver to submit to weighing at a designated location.
Officers may issue defect notices for mechanical issues or unsafe vehicle conditions. They may issue Improvement notices, to remedy unsafe practices and/or grounding or prohibition of a vehicle if it is unsafe or overloaded.
They may also issue embargo notices if they seize an item and it cannot be physically seized or removed.
Officers may provide you with directions to rest immediately or to work for a shorter period if they believe you have contravened a work requirement, you do not have a work diary or its unreliable or you are impaired by fatigue.
Can they search me or the vehicle?
Officers cannot enter a private vehicle (if not a heavy vehicle) or private dwelling at the roadside without the driver’s informed consent, or without a search warrant. Inspections must be connected to compliance with Heavy Vehicle National Law (HVNL). Officers cannot conduct searches or inspections unrelated to the HVNL. Officers cannot demand access to a driver’s mobile phone, personal laptop, or other private data unless it contains required records such as an electronic work diary and the device is being used in that capacity.
Final Thoughts
If you have received an infringement notice or a breach from the NHVR, it is worth examining the powers that were used as well as the actual offence.
A myth is that to challenge an infringement notice or a breach report, means that you have to attend court.
NHVR accepts written representations, so you can always write to them asking for them to review your case. Alternatively you can engage legal representatives to do that for you.
This advice should be considered as general guidance. Each case may present differences that impact this advice. Liability limited by a scheme approved under Professional Standards Legislation.