Named sourceEnforceable undertaking accepted

Brother Nature Pty Ltd: enforceable undertaking accepted, mass

Party

Party: Brother Nature Pty Ltd
Type: Company
Role: Operator

The proceeding

Decision: Enforceable undertaking accepted
Law: Heavy Vehicle National Law
Offence: Mass
Incident: No incident

Facts

A heavy vehicle operated by the company was towing a single axle trailer. The trailer axle group weighed 1,020kg, breaching the permitted limit of 750kg. The NHVR accepted an enforceable undertaking from the company. Under it, the company will develop and implement a series of safety and compliance training courses, systems and processes costing $38,454.

As reported by NHVR, 20 October 2021.

Penalty

Fine: Not stated

Orders

Enforceable undertaking

Educational point

EUs are a legal agreement designed to correct the risks and behaviours that caused the offence to occur. Instead of proceeding with the court matter which may only result in a fine, we have given the companies an opportunity to spend money on their own safety systems and procedures that will protect them and the broader community in the future.

As reported by NHVR, 20 October 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, 20 October 2021: money put into safety education not fines for two trucking companies (read 14 October 2026)

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