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Due to the nature of the heavy vehicle transport industry, there are specific and often strict requirements that operators of heavy vehicles are required to comply with. These requirements can apply to the weight that the heavy vehicle can carry, the gross mass of the heavy vehicle and the mass that is applicable to each axle of the heavy vehicle. Often it can be somewhat difficult to comply with the axle mass limits, where an operator is moving shipping containers, and the operator is relying on a third party to make sure the containers are packed in a way that ensures that the weight is distributed evenly.

Who can be charged with a mass overloading offence?

In New South Wales, all parties involved in the transport supply chain can be held responsible for preventing a breach occurring of the road transport legislation covering the mass overloading of heavy vehicles. This responsibly of all parties is often referred to as the "chain of responsibility".

Parties that can be charged in relation to mass overloading offences include:

  • drivers
  • packers
  • operators
  • loaders
  • consignees
  • consignors

Defence to mass overloading offence

Broadly speaking, it is usually the registered operator of a heavy vehicle who will be responsible for an overloading offence. However, where an operator is charge with a mass overloading offence, the operator may be able to rely on what is commonly known as the ‘reasonable steps defence’.

In order to successfully apply this defence, the operator would need to demonstrate to the satisfaction of the Court that:

  • They did not know, and could not have reasonably be expected to have known, of the mass overload; and
  • That the operator undertook all reasonable steps to prevent the mass overload; or  
  • That there were no steps available that the operator could have reasonably been expected to take in the circumstances.

If you are the driver, operator or owner of a heavy vehicle and you are charged with a mass overloading offence, you will also need to show to the Court that prior to the journey commencing you either;

  • calculated the weight of the load from reliable evidence, or
  • weighed the load on board.

Whilst the ‘reasonable steps defence’ may seem relatively simple, it is a relatively technical defence to prove to the satisfaction of the Court. If you have been charged with a truck overloading or mass overloading offence and feel that the ‘reasonable steps defence’ may be applicable in your circumstances, you should speak with one of our traffic lawyers.

Generally, the load of your heavy vehicle will be checked at a heavy vehicle checking station (HVCS). Some of these stations are located at:

  • Mt White (northbound and southbound on the F3 freeway)
  • Mt Boyce (Great Western Highway)
  • Marulan (northbound and southbound on the Hume Highway)
  • Bell (Bells Line of Road)
  • Kankool (New England Highway)
  • Chinderah (Pacific Highway)
  • Pine Creek (Pacific Highway)
  • Twelve Mile Creek (Pacific Highway

Navado Lawyers and Solicitors are experienced in heavy vehicle offences and can appear for you in the Local Court if you are charged with a heavy vehicle offence. You are able to meet with one of our traffic lawyers by appointment. Please call us on (02) 9233 4048 or send an email to info@navado.com.au. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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