When I was Director of Prosecutions at the NHVR, I spoke with many operators — large and small. A common theme emerged: “We’re a good operator, we want to do the right thing but we’re just not exactly sure what we need to do.” 

The Heavy Vehicle National Law (HVNL) can feel complex — but staying compliant doesn’t have to be. The HVNL doesn’t expect you to eliminate every single risk in your operations. What it does require is that you identify the risks and do what is reasonably practicable to manage them. 

What does reasonably practicable mean?

The HVNL recognises that what’s reasonable for a large operator might not be realistic for a smaller operator. When deciding what you need to have in place the law allows you to take into account: 

  • The likelihood of the risk; 
  • What harm could occur; 
  • What you know (or should know) about the risk; 
  • The availability and suitability of ways to manage the risk; 
  • The cost of managing the risk.  

Put more simply, if there is an obvious risk in your transport operations that could result in death or serious injury, there are relatively easy ways to address the risk at little to no cost – then the Regulator may come to the view that it was a reasonably practicable measure that should have been in place.  

If you’re a small operator, simply being able to show what steps you’ve taken — even if not formally documented — may be enough to meet your obligations. 

If you’re a larger operator, the expectation increases. What is available and suitable to your operations is broader. You may be expected to have formal processes and systems that are clearly documented, communicated, and importantly enforced. 

What are some of the red flags that can attract the Regulator’s attention:

  1. Having a “shelf system”
    A shelf system is a policy or procedure that looks good on paper but isn’t actually followed or in place. If a system exists but isn’t being used in practice, it could be used against you. It tells the Regulator you knew the risks, you also knew how to manage them — but you chose not to manage them.
  2. No driver induction
    Induction doesn’t need to be complicated but every driver should receive at least a basic induction before they engage in transport operations. It is a simple, low cost and a reasonably available step to most, if not all, operators. The induction allows you to consider the drivers skill level, confirm licence checks and to orientate the driver around important features of the vehicle.  
  3. Poor record keeping
    You’re not expected to keep records of everything. For matters though involving maintenance of vehicles and drivers fitness to duty, it will be difficult to establish your compliance without those records. To comply with your duty, regardless of accreditation, the expectation would be that maintenance schedules are per the manufacturers guidelines and reported or known issues are repaired.  

A few isolated issues may not be a significant concern, but repeated or patterns of breaches left unaddressed, especially in fatigue, will likely raise a red flag.

If you’re unsure about your obligations under the HVNL or need support with Chain of Responsibility, compliance, or court matters, I can help. Contact Belinda Hughes for a confidential conversation.
📧 [email protected] 
📞 0422 388 370