a breach of the Law may also be
required to pay compensation. In the
right circumstances they could also
be required to reinstate the person’s
employment.
Even with these protections, many
people may still worry about the impact
of speaking out.
Perhaps the best step that the
Regulator has taken is the establishment
of the Heavy Vehicle Confidential
Reporting Line (1800 931 785). This is a
confidential telephone service for people
to report operational safety issues
relating to heavy vehicle transport
activities. The information is then
provided to the National Heavy Vehicle
Regulator for investigation. The caller
can remain anonymous and steps are
taken to protect their identity.
Finally, if you have information
that you would like to report to the
authorities but are worried about the
implications you can always seek advice
from an experienced traffic lawyer. The
team at Armstrong Legal are always
available to assist.*Heavy Vehicle National Law applies in QLD, NSW,
ACT, VIC, TAS and SAIn
recent years the National
Heavy Vehicle Regulator*
has placed a lot of focus
on improving safety in
the transport industry. Together with
the State authorities, it spends a great
deal of resources trying to detect and
prosecute people who do the wrong
thing in the transport industry.
But the authorities face a problem. It
is relatively easy for them to detect small
scale offenders, for example drivers who
make a mistake in their work diary, or
businesses who accidentally overload
their trucks. This is the sort of offending
that random inspections usually detect.
Of course it is important to encourage
everyone to be more careful by
deterring these accidental and one
off offences. But there is another very
important category of offenders who are
much more difficult to detect.
These are the very small percentage
of people in the industry who knowingly
and systematically break the law. It’s
employers who place pressure on their
drivers to meet unrealistic schedules,
and contractors who encourage a small
business to push the limits on the mass
their truck can carry.
The law takes this type of behaviour
very seriously. The penalties can be as
high as a three-million dollar fine in the
worst cases.
The problem is that it is much harder
to detect these types of offenders. TheSarah Marinovic is an ex-RTA
prosecutor who now specialises in
heavy vehicle laws in her role as
criminal lawyer at Armstrong Legal.PROTECTION FOR
WHISTLEBLOWERS
authorities largely rely on tip offs from
members of the industry who are doing
the right thing.
Reporting isn’t always an easy choice
to make. Usually it is the offender’s
employees or contractors who know
what is happening. But they worry that
reporting will lead to retaliation, and the
loss of their income.
The Law seeks to address these fears
by giving protection to people who
report breaches of the Heavy Vehicle
National Law.
Discriminating against or victimising
someone because they have provided
information to the authorities or
reported a breach of the Heavy Vehicle
National Law is a criminal offence.
The protection prohibits an
employer from dismissing or otherwise
prejudicing the employee. That means
they also cannot demote the person,
transfer them or reduce the terms of
their employment in some other way.
The protection even extends to
protect the person when they apply
for a new job. A prospective employer
must not refuse to employ the person or
give them less favourable employment
conditions because they have made a
report to the authorities.
Contractors are also given those same
protections as employees.
In addition to any fines they may
receive, a person who discriminates
or victimises someone for reportingBY SARAH MARINOVIC
There is legal protection for those who notify authorities
of operators that knowingly break heavy-vehicle laws
< 072 > Truckin’LifeLAW OF THE LAND