Mass, Dimension & Loading Offences Lawyers, Sydney & Parramatta

Drivers, operators, and companies involved in the transport industry are required by law to ensure heavy vehicles comply with strict mass, dimension, and loading limits. These laws are designed to protect road users, preserve roads and infrastructure, and prevent serious accidents.

If you have been charged with a mass, dimension, or loading offence in New South Wales, it is vital to seek legal advice immediately. The penalties can be significant and may affect your ability to operate within the transport industry.

Astor Legal are experienced traffic lawyers who regularly appear in NSW courts for heavy vehicle offences. We can help you understand the allegations, assess your defence options, and move forward with confidence and clarity.

What Are Mass, Dimension and Loading Offences?

Under the Heavy Vehicle National Law (HVNL), every heavy vehicle must comply with maximum limits for weight, axle load, width, height, length, and load restraint. These limits are strictly enforced by the National Heavy Vehicle Regulator (NHVR) and NSW Police.

Common offences include:

• Exceeding mass or axle weight limits
• Operating an over-dimensional or over-length vehicle without a permit
• Failing to properly secure or restrain a load
• Carrying a load that overhangs or obscures safety markings
• Allowing an unsafe or unbalanced load to be transported

Breaching these requirements is treated seriously because overloaded or unstable vehicles pose a risk to both drivers and public road users.

Who can be charged?

The HVNL applies a Chain of Responsibility (CoR) framework. This means responsibility is shared by everyone involved in the transport task, not just the truck driver.

You can be charged if you are:

• The driver of the vehicle
• The operator or owner of the vehicle
• A scheduler, consignor, or loading manager
• A company director or employer who failed to take reasonable steps to ensure compliance

The NHVR often investigates entire supply chains to determine whether employers or contractors contributed to a breach through poor scheduling, unreasonable delivery deadlines, or a lack of oversight.

Penalties for Mass, Dimension and Loading Offences

Penalties depend on the category of breach, ranging from minor, substantial, and severe, to critical risk. The penalties each category attracts reflect the level of danger or non-compliance.

Examples include:

• Minor Risk Breach: A small overloading or dimension error. This usually results in an infringement or a warning.
• Substantial Risk Breach: A greater excess of load or dimension that increases road wear or instability. This may attract fines of several thousand dollars.
• Severe Risk Breach: Serious breaches are likely to create serious safety risks. This can attract court-imposed fines of up to $11,000 for individuals and $55,000 for corporations.
• Critical Risk Breach: Extreme or deliberate breaches. This can result in fines exceeding $20,000 for individuals and $100,000 for corporations.

Other consequences can include:

• Immediate defect notices or vehicle grounding
• Cancellation of registration or operating accreditation
• Loss of fatigue or maintenance management accreditation
• Criminal charges in the most serious cases

Because the NHVR can prosecute both individuals and companies, the potential financial and reputational consequences are substantial.

Common Scenarios

NSW traffic police now receive dedicated training to help them identify mass, dimension, and loading offences. The likelihood of being charged with an infringement on the state’s roads is rising. We frequently assist clients charged with offences such as:

• Overloaded trucks detected at weighbridges
• Vehicles stopped for exceeding length or height limits
• Loads that shift due to inadequate restraint
• Operators charged under CoR provisions for failing to supervise loading practices
• Companies accused of allowing drivers to breach weight or permit conditions

Every situation is different. Our lawyers review the evidence in detail, including weighbridge data, loading records, and operator instructions, to determine whether the charge can be defended or reduced.

Possible Defences

There are several defences available to mass, dimension, and loading offences depending on the circumstances. These include:

• You took all reasonable steps to prevent the breach
• The weighing or measuring equipment used was inaccurate or improperly calibrated
• You had no control over the vehicle’s loading at the time of the offence
• The vehicle was operating under a valid permit or exemption
• The NHVR or the Police failed to follow the correct procedure in issuing the notice

Even if you do not have a full defence, it may be possible to persuade the court to deal with the matter without recording a conviction under Section 10 of the Crimes (Sentencing Procedure) Act 1999.

How Astor Legal Can Help

Astor Legal’s represents both drivers and transport companies in heavy vehicle prosecutions. Our team has experience dealing with complex NHVR investigations and CoR prosecutions.

We can assist you by:

• Reviewing the evidence and identifying any errors in the NHVR’s calculations or procedures
• Advising you on whether the charge can be defended or negotiated
• Preparing submissions for leniency or a Section 10 dismissal
• Representing you in court to reduce penalties or protect your licence
• Providing compliance advice to prevent future breaches

We understand that your ability to operate a heavy vehicle is critical to your livelihood. Our lawyers will take every step to protect your record and minimise disruption to your work. Our commitment to our clients is why Astor Legal has earned over 170 five-star reviews:

“Astor Legal helped me protect my license, and I’m so grateful. Special thanks to Isaac for his support and expert guidance—he made a tough situation much easier.” – Vikas 

Why Early Advice Matters

Mass, dimension, and loading offences can involve technical evidence that requires expert analysis. Acting early allows your lawyer to review weighbridge data, obtain engineering reports, and engage with prosecutors before court.

The sooner we are involved, the greater the opportunity to resolve the matter favourably, sometimes before it even reaches a hearing.

Choose Astor Legal For Expert Representation

If you have been charged with a mass, dimension, or loading offence in New South Wales, contact Astor Legal today.

We are experienced in defending NHVR prosecutions and appear in courts across NSW. Our lawyers are Law Society Accredited Specialists in Traffic Law, which puts us in the top 6% of lawyers in NSW. We provide clear advice, expert representation, and practical guidance on protecting your licence and your business.

Contact us now on (02) 7804 2823 to arrange a free consultation and find out how we can help you secure the most favourable result for your case.