What To Do If You’re Contacted by the NHVR in NSW

In this article

1. Contacted by the NHVR? Start Here
2. Why the NHVR Investigates
3. Statutory Notices: What the NHVR Can Require
4. Can NHVR Investigators Enter My Business?
5. Penalties: What Non-Compliance Can Cost (2026–27)
6. What To Do If the NHVR Contacts You: 8 Steps
7. What the NHVR Treats as Genuine Cooperation
8. Legal Professional Privilege: Protecting Advice From Your Lawyer
9. How an NHVR Investigation Can End
10. Recent Case Results
11. Frequently Asked Questions
12. How Eric Navea Legal Can Help

Contacted by the NHVR? Start Here

Published 5 October 2026. Information is current as at that date. Penalty amounts apply from 1 August 2026 to 30 June 2027 and are indexed every 1 July, so check the latest NHVR schedule if you are reading this later.

A phone call, email or letter from the National Heavy Vehicle Regulator (NHVR) can reach any transport business or truck driver in NSW. It might be a notice asking for documents, a demand for information, or investigators wanting to visit your depot.

How you handle the first few days matters. Many NHVR matters are won or lost before they ever reach Court — through the first response, the first request for information and the first strategic decision.

This guide explains, in plain English, what the NHVR can require, what happens if you don’t comply, the current penalties, and the practical steps to take. Every fact in it comes from the NHVR’s own website.

Why the NHVR Investigates

The NHVR’s Investigations team exists to make sure everyone in the Chain of Responsibility (CoR) meets their primary safety duty under the Heavy Vehicle National Law (HVNL). It puts CoR parties first where it sees a failure of that duty or another significant breach. In practice, that means an investigation rarely stops with the driver — the business, and the people running it, can also be in the frame.

NHVR investigators are authorised officers under the HVNL. The NHVR says its investigations follow the Australian Government Investigations Standards and the principles of natural justice:

• Evidence based — action is not taken on suspicion or speculation alone.
• Objective and impartial — the investigation is run independently and without bias.
• Fair — you get a chance to be heard before any adverse finding or action.

The NHVR also says it will tell individuals and companies when an investigation into their transport activities is under way.

How long does it take? There is no set timeframe. More complex matters generally take longer. High-risk matters can go either way — some need extra time to be investigated thoroughly, while others are pushed through quickly because of the risk involved.

Statutory Notices: What the NHVR Can Require

Most NHVR investigations involve statutory notices. These are formal written requirements issued under the HVNL, and failing to comply with one is an offence.

The three you are most likely to see are:

• Section 569 — a requirement to produce documents.
• Section 570 — a requirement to give information about a heavy vehicle.
• Section 570A — a requirement to give information more generally.

A notice sets out what you must provide and by when. Read it closely. It is easy to hand over far more than the notice legally requires — and anything you provide can later be used as evidence. The NHVR itself says that providing extensive information that was not requested is not part of genuine cooperation.

The safest approach is to provide exactly what is required, accurately and on time, after getting advice on what that actually covers.

Can NHVR Investigators Enter My Business?

Yes. During an investigation, NHVR investigators may enter your business premises for compliance purposes, including monitoring and investigation. The NHVR says entry can happen with or without your consent, and you will likely be asked to give investigators reasonable help while they are there.

Refusing reasonable help when required, or obstructing an authorised officer, are separate offences — each carrying a maximum penalty of $14,120 (see the penalties below).

If investigators arrive unannounced:

• Stay calm and polite, and don’t obstruct them.
• Note the names of the officers and what they inspect, copy or take.
• Call your lawyer straight away, before answering questions beyond what is required.

Penalties: What Non-Compliance Can Cost (2026–27)

The figures below come from the NHVR’s Schedule of Infringement Penalties and Demerit Points for 1 August 2026 to 30 June 2027, which reflects amendments under the Heavy Vehicle National Law Amendment Act 2025.

Some offences are infringeable: you receive an infringement notice and can either pay it or elect to go to court. The infringement amount is 10% of the maximum court penalty. More serious offences are court-only.

Investigation-related offences

Primary safety duty offences — where an investigation can lead

Some HVNL offences also carry demerit points on a driver’s licence. Penalties are indexed on 1 July each year, so these amounts will change.

What To Do If the NHVR Contacts You: 8 Steps

1. Don’t ignore it. Record the date you received the contact and any deadline. Not complying with a statutory notice is an offence in itself.
2. Read the notice carefully. Check which section it is issued under (569, 570 or 570A), exactly what is being asked for, the time period it covers and how you must respond.
3. Get legal advice before you respond. The NHVR lists seeking independent legal advice as one of the ways to cooperate with an investigation.
4. Preserve your records. Don’t alter, remove or destroy anything — work diaries, electronic work diary data, invoices, schedules or emails. Destroying or changing work records are separate offences with maximum penalties of up to $28,230.
5. Provide what’s required — accurately, on time, and no more. False or misleading information carries a maximum penalty of $28,230.
6. Keep copies. Keep a copy of everything you hand over and a note of every conversation with investigators.
7. Think about privilege first. Advice from your lawyer may be protected by legal professional privilege — see below.
8. Brief your team. Decide who deals with the NHVR. Staff should never be told what to say, and evidence must never be interfered with.

What the NHVR Treats as Genuine Cooperation

The NHVR is clear that cooperating does not guarantee any particular outcome — but it does help an investigation close sooner. Here is how the NHVR separates genuine cooperation from conduct that works against you.

What the NHVR sees as cooperation

• Acknowledging and answering requests promptly
• Making yourself available to meet investigators
• Giving complete, accurate and truthful information
• Encouraging staff and associates to cooperate
• Keeping the records the HVNL requires and making them available
• Giving investigators reasonable help when asked
• Taking a practical approach to privilege claims
• Getting independent legal advice

What the NHVR sees as inconsistent with cooperation

• Causing unnecessary delays
• Handing over large amounts of information that wasn’t asked for
• Encouraging anyone to tamper with evidence or give false or misleading information
• Shielding particular people or unfairly blaming others
• Making privilege claims that can’t be justified

Legal Professional Privilege: Protecting Advice From Your Lawyer

Section 735A of the HVNL lets you claim legal professional privilege over information or documents you would otherwise have to hand over under an NHVR notice.

According to the NHVR, a valid claim needs three things:

• a client–lawyer relationship;
• a confidential communication; and
• a communication made mainly for the purpose of giving or getting legal advice, or for actual or expected litigation.

You must give the NHVR enough information to assess your claim. Simply saying a document is privileged, or that it relates to legal advice, is not enough — and the NHVR will not accept blanket claims. Getting this right is technical, which is one more reason to involve a lawyer early.

How an NHVR Investigation Can End

The NHVR lists a range of possible outcomes, including:

• No further action — the matter is closed.
• Education — guidance on how to comply.
• Formal warning.
• Improvement notice — a direction to fix a compliance problem.
• Prohibition notice — a direction to stop an activity.
• Referral to prosecution — the matter goes to the NHVR’s prosecutions team and may end up in Court.

Where an infringement notice is issued, you can pay it or elect to have the matter heard in Court. Which outcome you end up with often depends on how the investigation was handled from the start.

Recent Case Results

See more results for heavy vehicle operators

Case outcomes depend on the individual facts and circumstances of each matter. Past results do not guarantee or predict future outcomes.

Frequently Asked Questions

How Eric Navea Legal Can Help

Eric Navea is a heavy vehicle defence lawyer and a former Senior Prosecutor at the NHVR. He knows what investigators look for, how evidence is assessed, when matters escalate and how prosecution cases are built — and he uses that knowledge for transport businesses and drivers.

When you contact Eric about an NHVR matter:

• Eric will identify the immediate issues, important deadlines and the information needed to properly assess your position.
• He reviews the notice before you respond, so you provide what is required — and nothing that creates unnecessary risk.
• He deals directly with NHVR investigators and prosecutors on your behalf.
• He advises you throughout the investigation and represents you in Court if charges are laid.

You’ll understand the allegations, your options and the recommended strategy before making important decisions. Eric acts for everyone from owner-drivers to larger transport companies.

Received a notice or a call from the NHVR? Speak with Eric before you respond.

Speak With Eric About Your NHVR Matter