Named sourceEnforceable undertaking accepted

Eifers Pty Ltd: enforceable undertaking accepted, mass

Party

Party: Eifers Pty Ltd
Type: Company
Role: Operator

The proceeding

Decision: Enforceable undertaking accepted
Offence date: 22 October 2019
Offending period: on 22 October 2019
Law: Heavy Vehicle National Law
Provisions: s 96(1), s 111(1)
Offence: Mass
Incident: No incident

Facts

An NHVR intercept on 22 October 2019 found a heavy vehicle operated by the company exceeded the prescribed mass limit, with the tri-axle allegedly weighing 28,650kg against an allowed limit of 20,000kg. An unrestrained excavator digging bucket was also allegedly observed. The NHVR accepted an enforceable undertaking from the company to the value of $44,000. Under it, the company must complete mass and load restraint training, produce a heavy vehicle safety video, adopt a new policies and procedure manual, and obtain certification of its safety management systems.

As reported by NHVR, 22 September 2021.

Penalty

Fine: Not stated

Fines under s 96(1) on the register: $750 to $60,000, median $10,000 across 85 matters. Fines under s 111(1) on the register: $750 to $13,000, median $5,000 across 7 matters.

Orders

Enforceable undertaking

Educational point

Here we see an operator volunteer to improve its safety systems and demonstrate the importance of shared responsibility in ensuring safe operations on and off the road.

As reported by NHVR, 22 September 2021.

What the record would have shown

The loaded mass, weighed or calculated against the vehicle's limits before it left the site, kept with the consignment record. How the record works →

Comparable actions

Defendant	Offence	Jurisdiction	Decision	Date	Record
Defendant AS 5383	Mass	NSW	Convicted, fined $1,100; supervisory intervention order	20 January 2023	View the record of Defendant AS 5383, 20 January 2023
Defendant AS 5180	Mass	NSW	Convicted, fined $1,500; supervisory intervention order	21 November 2022	View the record of Defendant AS 5180, 21 November 2022
Defendant AS 2957	Mass	TAS	Guilty, no conviction recorded; supervisory intervention order	25 January 2022	View the record of Defendant AS 2957, 25 January 2022
Defendant · no NHVR reference	Mass	SA	Convicted, fined $6,000	30 January 2019	View the record of Defendant · no NHVR reference, 30 January 2019
Ferrycarrig Construction Pty Ltd	Mass	Not stated	Enforceable undertaking accepted; enforceable undertaking	Date not stated	View the record of Ferrycarrig Construction Pty Ltd, Date not stated

Sources

NHVR, 22 September 2021: company nominates an enforceable undertaking over driver fine (read 14 October 2026)

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