Penalties and Offences
The legal intent of the loading performance standards has not changed—the required level of restraint for a heavy vehicle load is the same. However, the wording of the performance standards contained in the Load Restraint Guide 2018 has been amended to facilitate the transfer of the performance standards into the Heavy Vehicle National Law and the Australian Road Rules.
Securing your load
Loose loads can be dangerous, and sometimes fatal, to you and other drivers. It is an offence under the HVNL if your load is not properly restrained and is at risk of falling from your vehicle.
Every year people are at danger from tonnes of debris falling onto roads from unsecured loads. The debris causes road closures and disruptions, and can lead to serious crashes.
Did you know?
- 5080 tonnes of debris is removed from Australian roads each month.
- 25700 call-outs to collect debris each year, with half of these putting staff in dangerous situations.
- More than 2550 cars were hit by items falling off a trailer or truck in 2017 — some of these caused serious injury and death.
- A properly-restrained load won’t dislodge, even after the most severe braking, swerving and cornering.
- A heavy load is just as likely to fall as a light load; the same ‘g’ forces are acting on both.
- Many crashes resulting from a loose load occur at low speeds within a short distance of the trip commencing.
LOADING PERFORMANCE STANDARDS
(1) A load on a heavy vehicle must be restrained by a load restraint system that prevents the load from moving in relation to the heavy vehicle.
(2) However, a load may move in relation to a heavy vehicle if:
(a) the vehicle’s stability and weight distribution are not adversely affected by the movement; and
(b) the load does not become dislodged from the vehicle.
Examples of load movement that may be permitted under (2) 1. load contained within the sides or enclosure of the heavy vehicle that is restrained from moving horizontally may be able to move vertically;
- a load of very light objects, or a loose bulk load, that is contained within the sides or enclosure of the heavy vehicle may be able to move horizontally and vertically;
- a bulk liquid load contained within the sides or enclosure of the heavy vehicle.
The load restraint system must prevent the load from moving in relation to the heavy vehicle (other than movement allowed under (2)) if the loaded vehicle were subjected to:
(a) any of the following, separately:
(i) 0.8 g deceleration in a forward direction;
(ii) 0.5 g deceleration in a rearward direction;
(iii)0.5 g acceleration in a lateral direction; and
Fines for Unsecured Loads
If you don’t properly secure your load you may be fined, even if your load doesn’t come loose. There are three types of risk categories with varying fines. The penalties differ between regular drivers and companies.
Minor Risk Breach
An unsecured load that does not involve danger to a person, or the risk of damage to property or the environment.
Penalty are:
- Individuals are fined $238 Driver – VIC RSA – light vehicle
- $324 Driver/Employer/Operator/Prime Sub-Contractor
- the company $1189 Operator – VIC RSA – light vehicle
Substantial Risk Breach
An unsecured load that poses a danger to people, property or the environment.
Penalty are:
- Individuals are fined $634 Driver – VIC RSA – light vehicle
- $540 Driver/Employer/Operator/Prime Sub-Contractor –
- the company $3171 Operator – VIC RSA – light vehicle
Severe Risk Breach
An unsecured load that causes harm to people, or damage to property or the environment.
Penalty are:
- Individuals and companies are taken to court
- If any of the offences result in court, individuals and companies will also be liable for up to 500 penalty units for a company (up to $79,285) and 100 penalty units* for an individual (up to $15,857) Road Safety Act – Light Vehicles.
