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Frequently Asked Questions

Take the guesswork out of compliance

What is HVNL 26D compliance?

The Heavy Vehicle National Law (HVNL) has section 26D Duty of executive of legal entity which is also known as the “due diligence” obligation, if a legal entity has a safety duty, an executive of the legal entity must exercise due diligence to ensure the legal entity complies with the safety duty, 

An executive officer, of a corporation, means, a director of the corporation; or any person who is concerned or takes part in the management of the corporation.

Section Offence
26C Failing to comply with duty in 26C – Offences in 26 F, G and H
26E(1) or (2) Prohibited requests and contracts (26E) – Requests or contract terms that encourage people to speed, drive whilst fatigued, drive in breach of work and rest hours, or to commit another offence to avoid breaching fatigue laws.
89 (1) Safety Requirement (89) – Permitting unsafe vehicle to be used
93(1), (2) or (3) Person must not tamper with speed limiter fitted to heavy vehicle (93)
129(1), (2) or (3) Contravening condition of mass or dimension exemption generally (129) – Using or permitting use of vehicle that breaches condition of permit or notice.
137 Using class 2 heavy vehicle (137) – Using or permitting use of a class 2 heavy vehicle without authorisation.
150(1) Contravening condition of class 2 heavy vehicle authorisation (150) – Breach of condition of authorisation by driver or operator.
153A(1) Using restricted access vehicle (153A) – Using or permitting use of RAV without authorisation.
186(2), (3), (4) or (5) False or misleading transport documentation for goods (186) – Consignor, packer, receiver, loader or loading manager of goods must ensure transport documentation is not false or misleading
187(2) or (3) False or misleading information in container weight declaration (187) – Responsible entity for a freight container, and operator, must ensure that CWD is not false or misleading.
335(1) Person must not tamper with approved electronic recording system (335)
336(1) Person using approved electronic recording system must not permit tampering with it (336)
337(2) Intelligent access program reporting entity must not permit tampering with approved electronic recording system (337)
454(1) or (2) Offence to tamper with approved intelligent transport system (454)
467 Compliance with conditions of BFM accreditation or AFM accreditation (467)
470(2), (3) or (4) General requirements applying to operator with heavy vehicle accreditation (470) – Operator to provide information to drivers and keep certain documents.
604 Contravention of supervisory intervention order (604) – Person order applies to does not comply with order.
610 Contravention of prohibition order (610) – Person order applies to does not comply with order.

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