The National Heavy Vehicle Regulator (NHVR) has prosecuted a Victorian-based transport company and its director after one of its drivers collided with several light vehicles in December 2021, killing a two-year old infant and seriously injuring several others.

The company pleaded guilty to a Category 2 offence under the Heavy Vehicle National Law (HVNL) with a maximum penalty of $1,723,840, while the Director also pleaded guilty to a Category 3 offence which carries a maximum penalty of $57,440.

Following the fatal collision, an investigation into the company revealed that over a two-month period, drivers employed by the company committed 202 fatigue-related breaches.

The company was fined $45,000 for the Category 2 offence and the director was fined $15,000 for the Category 3 offence.

NHVR Executive Director of Statutory Compliance Ray Hassall said everyone involved in heavy vehicle transport needs to be aware of the impact of fatigue.

"Driver fatigue is a major heavy vehicle safety hazard. Transport operators need to do everything reasonably practicable to eliminate or minimise the risk to public safety and to drivers. Parties who contract with them should ensure operators are safe and compliant with driver fatigue and fitness for duty requirements," said Mr Hassall.

"The investigation into the company's practices revealed driver timesheets weren't validated for accuracy and compliance. The company also failed to address non-compliance with drivers, ultimately resulting in no improvement action taken."

"In this instance, the company failed to implement and enforce systems and procedures to effectively manage and monitor drivers' fatigue, which threatened the safety of both their drivers and other road users."

Every person who works with heavy vehicles – from business owners to goods receivers - need to pay attention to the safety of that heavy vehicle, its driver, and its load throughout the journey.

For more information on the chain of responsibility including regulatory advice go to www.nhvr.gov.au/cor