Heavy Vehicle Offence Lawyers

Heavy vehicle offences are taken seriously by NSW Police and the National Heavy Vehicle Regulator (NHVR). If you are charged, fined, or issued with a defect or infringement notice, it is important that you seek immediate legal advice. Penalties can be severe and may affect your licence, your livelihood, and your business.

At Astor Legal we are experienced traffic lawyers who regularly appear in heavy vehicle matters across New South Wales. We understand the complexity of the Heavy Vehicle National Law (HVNL) and the unique responsibilities placed on drivers, owners, operators, and schedulers under the Chain of Responsibility provisions.

We understand that being charged with a heavy vehicle offence can be a stressful and intimidating experience. Our expert team will advise you on your legal options, represent you in court, and work to minimise penalties wherever possible.

What are Heavy Vehicle Offences?

A heavy vehicle offence occurs when a driver or operator fails to comply with the legal requirements that apply to heavy vehicles under NSW traffic law and HVNL regulations. These laws determine how heavy vehicles should be driven, maintained, and loaded.

Common offences include:

• Exceeding mass, dimension, or load limits
• Breaching fatigue management or logbook requirements
• Failing to secure or restrain a load
• Operating an unroadworthy or defective vehicle
• Tampering with a speed limiter or electronic system
• Breaching Chain of Responsibility duties as an employer, operator, or scheduler

Heavy vehicle charges can result in large fines, loss of licence, or in severe cases, criminal convictions. The extent of the penalty depends on the nature of the offence and your previous record.

Logbook and Fatigue Offences NSW

Drivers and operators must comply with fatigue management laws and keep accurate work diaries. Failure to record rest breaks, falsifying logbooks, or exceeding allowable hours are common charges under the HVNL.

Penalties are severe and can include heavy fines and suspension of your licence. Courts also have the power to impose stronger penalties for repeated or deliberate breaches.

Astor Legal can help you review your records, identify procedural errors, and present evidence showing that reasonable steps were taken.

Read more about Logbook and Fatigue Offences.

Mass, Dimension & Loading Offences NSW

Overloading or failing to secure a load can attract large fines and, in some cases, criminal prosecution. Enforcement officers can issue defect notices, prohibit vehicle use, and refer matters for court action. NSW traffic police are now specifically trained to spot mass, dimension, and loading offences, and are identifying them with growing regularity. 

We have repeatedly defended drivers and companies charged with mass, dimension, and loading offences. We analyse weighbridge data, restraint methods, and vehicle specifications to identify errors or mitigating circumstances.

Read more about Mass and Loading Offences.

Penalties in Heavy Vehicle Law

The penalties for heavy vehicle offences vary depending on the category of breach under the HVNL. The regulator and NSW Police classify offences as minor, substantial, or severe risk breaches.

Examples include:

• Fatigue and logbook breaches – fines exceeding $10,000 and potential licence suspension
• Mass, dimension & loading offences – fines for individuals and companies, vehicle impoundment, or restrictions on operation
• Speed limiter tampering – suspension of registration and prosecution for tampering offences
• Defect and maintenance issues – defect notices, fines, and compulsory repairs

In serious cases, individuals and companies may face prosecution in the Local or District Court. Courts can also issue orders against employers or schedulers who fail to take reasonable steps to prevent breaches under the Chain of Responsibility laws.

How Astor Legal Can Help

Astor Legal has extensive experience defending clients charged under the Heavy Vehicle National Law. We act for drivers, business owners, and operators across NSW.

We can assist you with:

• Advising you on how the offence might be defensible
• Reviewing all evidence, including logbooks, maintenance records, and weighbridge certificates
• Helping you gather supporting documents, such as character references from employers and colleagues
• Negotiating with the prosecution or NHVR for a reduced penalty or withdrawal of charges
• Representing you in court to seek a non-conviction order under Section 10, where appropriate
• Advising companies and schedulers on compliance and risk management under the Chain of Responsibility

We understand that your ability to drive is often essential to your employment. If you are a company owner, we know how important it is to keep your truck drivers on the road. Our goal is to protect your record and your livelihood.

Here is what a past client has to say about his experience of working with Astor Legal:

“Astor Legal were excellent in guiding me in preparation for my suspension appeal. On the day, Isaac was knowledgeable and communicative, helping me obtain the best possible outcome. I greatly appreciate the service provided by Isaac and the team at Astor Legal.” – Chris 

Why You Should Seek Legal Advice Early

Many heavy vehicle offences are strict liability offences. This means the prosecution does not have to prove intent, only that the breach occurred. However, there are valid legal defences that can be raised. In most cases, these defences are more effective when you act quickly.

Early legal advice can assist in identifying:

• If you have a valid defence under the HVNL
• Whether the evidence against you is sufficient
• If the penalty can be reduced or avoided
• Whether you can seek leniency based on your personal or employment circumstances

Delaying or not seeking legal advice can make your situation worse. Astor Legal can review your case promptly and help you prepare a strong defence before your court date.

Common Defences to Heavy Vehicle Charges

Depending on the type of offence, possible defences include:

• You took all reasonable steps to prevent the breach
• You were not in control of the vehicle at the relevant time
• The equipment used (such as a weighbridge or speed limiter) was faulty
• The prosecution cannot prove the element of the offence beyond a reasonable doubt
• The NHVR or the Police did not follow proper procedure in issuing the infringement

Even where no complete defence exists, a lawyer can, in some cases, persuade the court to deal with the matter without recording a conviction.

How to Prepare for Court

If you have received a Court Attendance Notice or infringement, you should:

1. Obtain legal advice immediately. Your lawyer will explain your options and potential outcomes.
2. Gather relevant documents. This includes logbooks, fatigue records, weighbridge reports, and maintenance logs.
3. Provide character references. These should come from employers or colleagues who can attest to your good driving record and responsibility.
4. Attend court on time. Heavy vehicle offences are taken seriously, and personal attendance shows the court that you accept the gravity of the matter.

Astor Legal will guide you through each step and represent you before the Magistrate. 

Contact Astor Legal Today

If you have been charged or issued with a heavy vehicle infringement in NSW, contact Astor Legal today. We appear in courts throughout New South Wales and have successfully represented many clients facing heavy vehicle offences.

When you choose Astor Legal’s solicitors, you benefit from:

• Leadership from a Law Society Accredited Specialist in Criminal and Traffic Law, placing us among the top 6% of lawyers in Australia.
• Recognition through multiple legal industry awards for our results and expertise.
• An unmatched success rate in having dangerous driving charges withdrawn, dismissed, or recorded with no conviction.
• Over 170 five-star client reviews from real people we have successfully defended.

Our lawyers understand what is at stake — your job or your company, and your future. Call us today on (02) 7804 2823 to arrange a free consultation with one of our friendly experts and let us help you achieve the best possible outcome.