Facing an HVNL Prosecution? What to Expect in NSW

In this article

1. How Does a Matter End Up in Court?
2. Before the Charges: The Investigation Stage
3. The Court Attendance Notice
4. The Court Process Step by Step
5. Things That Catch People Out
6. What Penalties Can the Court Impose?
7. Is There an Alternative to Prosecution?
8. Practical Tips If You Have Been Charged
9. Frequently Asked Questions
10. Speak With Eric Before Your First Court Date

Being prosecuted by the National Heavy Vehicle Regulator (NHVR) is stressful. Most people have never been to court before, and the process can feel confusing and slow.

This guide explains how a Heavy Vehicle National Law (HVNL) prosecution in NSW usually starts, what happens at each stage of the court process, and what you can do to protect your position.

How Does a Matter End Up in Court?

An HVNL prosecution usually starts in one of three ways.

1. After an NHVR investigation

The NHVR investigates possible breaches of the HVNL, with a focus on parties in the chain of responsibility. An investigation can end with no further action, education, a formal warning, an improvement notice, a prohibition notice or a referral to the NHVR’s prosecutions team.

2. You elect to go to court on an infringement notice

If you receive an infringement notice and want to challenge it, you can elect to have the matter decided by a court. In NSW, this is done by completing the court election form for the fine.

3. The offence cannot be dealt with by infringement

The more serious HVNL offences have no on-the-spot fine. These include severe risk mass, dimension and loading breaches, critical fatigue breaches and chain of responsibility (primary duty) offences. They must be dealt with by a court.

Before the Charges: The Investigation Stage

During an investigation, the NHVR can issue statutory notices requiring you to produce documents or information. Failing to comply with one of these notices is an offence.

Investigators can also enter business premises, with or without consent, and ask for reasonable help.

Read more about NHVR investigations and Notices to Produce, or see our guides on what to do if you’re contacted by the NHVR and how to respond to an NHVR notice.

The Court Attendance Notice

In NSW, HVNL prosecutions are started with a Court Attendance Notice (CAN). The CAN sets out the allegation and tells you the date, time and court you must attend.

The NHVR has a legal obligation to give you disclosure. This means a copy of the case information against you is provided with the court papers. You can also request your case information from the NHVR.

The Court Process Step by Step

HVNL prosecutions in NSW are usually heard in the Local Court before a magistrate. The main stages are:

Step 1: First mention

The first court date is usually a mention on a list day. It is a short appearance where you can ask for an adjournment, enter a plea of guilty or enter a plea of not guilty.

Step 2: Entering a plea

You plead not guilty if you deny the facts alleged, or believe the NHVR’s evidence is not enough to prove the case.

You plead guilty if you accept you broke the law but want the court to consider your circumstances when deciding the penalty.

Step 3a: Sentence (if you plead guilty)

The court hears submissions about the penalty. Sentencing may happen on the same day as the plea or be adjourned to a later date.

Step 3b: Defended hearing (if you plead not guilty)

The matter is usually adjourned to a later date. At the hearing, the court considers the evidence from both sides and decides whether the charge is proven.

Step 4: Appeal

If you disagree with the Local Court’s decision, you generally have 28 days to appeal to the District Court of NSW.

Things That Catch People Out

The court is not limited to the fine on the notice

If you elect to go to court on an infringement notice, the magistrate can impose any penalty up to the maximum for that offence. It can be higher than the fine you were first given.

The court cannot change demerit points on a guilty plea

If you plead guilty to an offence that carries demerit points, the court can consider the penalty, but it cannot change the demerit points.

Detection devices are presumed accurate

During a hearing, devices such as cameras, lidar or radar are presumed to be accurate and working properly. Challenging a device usually requires expert evidence.

Transferring the fine to the right driver

If someone else was driving and you know who, you generally have 21 days after the penalty is served to transfer it. Failing to transfer it is not a defence in court.

What Penalties Can the Court Impose?

The penalty depends on the offence, the evidence and your circumstances. Maximum penalties under the HVNL (1 August 2026 to 30 June 2027) range from a few thousand dollars for minor offences to:

The HVNL also allows other orders, such as supervisory intervention orders and prohibition orders. Breaching one of these orders is a separate offence with a maximum penalty of $14,120.

Depending on the offence and your circumstances, the court may have options other than a fine. Every case turns on its own facts.

Is There an Alternative to Prosecution?

In some cases, yes. The NHVR can accept an enforceable undertaking, which is a written commitment by a business or person to take specific steps to improve safety and compliance. Breaching an enforceable undertaking is an offence with a maximum penalty of $14,120.

Whether an undertaking is available depends on the matter, so it needs to be raised and negotiated carefully.

Practical Tips If You Have Been Charged

• Get legal advice before you enter a plea.
• Read the case information carefully and check the facts alleged.
• Do not contact NHVR witnesses or investigators about the evidence without advice.
• Tell the court before the hearing date if you cannot attend, with evidence such as a medical certificate.
• Arrive at least 30 minutes early, dress appropriately and bring all relevant documents.

Frequently Asked Questions

Speak With Eric Before Your First Court Date

Many NHVR matters are won or lost before they reach a hearing, through the first response, the first request for information and the first strategic decision.

Eric Navea is a former Senior Prosecutor at the NHVR. He knows how NHVR prosecution cases are prepared, what investigators look for and when matters can be resolved or negotiated.

As a heavy vehicle lawyer, Eric focuses on heavy vehicle and NHVR defence. He will deal directly with the NHVR prosecutor, advise you throughout and represent you in court. You’ll understand the allegations, your options and the recommended strategy before making important decisions.

Have you or your business received a Court Attendance Notice or NHVR notice? Speak with Eric before your first court date.

Speak With Eric Before Your Court Date