Heavy Vehicle Defect Notices
Received a defect notice or charged with breaching one?
Get advice before you respond.
Received a Heavy Vehicle Defect Notice?
A defect notice is issued when an NHVR officer or police find a problem with a heavy vehicle. A defect notice is not a fine, but ignoring it, or using the truck before it is cleared, can lead to charges. Repeated defects can also start an investigation of the business.
Eric Navea is a former NHVR Senior Prosecutor who defends truck drivers and transport businesses across NSW.
Get advice early. The earlier you do, the more options may be available.
Request a Confidential Consultation
The Three Types of Defect Notice
Major defect notice
Issued where using the vehicle poses an imminent and serious safety risk. The vehicle cannot be used on the road until it is repaired. If it cannot be fixed on the spot, it must be towed or carried to where repairs can be done.
Minor defect notice
Issued where there is a safety risk that is not imminent and serious. The vehicle can be used for a set number of days while the repair is done, sometimes with conditions.
Self-clearing defect notice
Issued where there is no safety risk, or the number plate is obscured, defaced or hard to read. The problem must still be fixed.
What You Must Do
- Follow any conditions the officer puts on using the vehicle
- Fix the defect within the time on the notice, or stop using the vehicle
- Get the notice cleared where required
- If you are the driver and not the owner, give the notice to the owner or operator as soon as you can, and no later than 14 days after it was issued
Defect Notice Offences and Penalties
Using a vehicle in breach of a defect notice, or failing to comply with its conditions, is an offence under the Heavy Vehicle National Law (section 529). From 1 August 2026 to 30 June 2027:
| Offence | Penalty |
|---|---|
| Using a heavy vehicle in breach of a defect notice | $848 fine, up to $8,480 in court |
| Demerit points | 1 for a minor defect notice, 3 for a major defect notice |
A company can face up to 5 times the individual maximum in court.
Can the Business Be Liable?
Yes. Maintenance is a chain of responsibility duty. A pattern of defect notices is one of the triggers for NHVR investigations and notices to produce. See NHVR investigations and chain of responsibility.
How Eric Can Help
- Advise on what the notice requires and the deadline
- Defend charges for using a defective vehicle
- Advise operators on maintenance systems before the NHVR asks for records
- Represent you in court anywhere in NSW
Related Guides
Practical guides from Eric Navea, written for transport businesses and truck drivers in NSW.
- Overloading Fines in NSW (2026–27): Over GVM Penalties and Who Is Responsible
- Mass Limits for Transport Operators: How to Prevent Overloading Under the Chain of Responsibility Under the Chain of Responsibility
- Minor, Substantial or Severe? How NHVR Breaches Are Graded
- 3 Tonne Limit Roads in NSW: Rules, Fines and Exceptions Explained
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Defect Notice FAQs
Is a defect notice the same as a fine?
No. It is a direction to fix the vehicle. A fine or charge can follow if the notice is not followed.
Can I drive the truck home with a major defect?
No. With a major defect notice, the vehicle must not be used on the road until it is repaired. If it cannot be fixed on the spot, it has to be towed or carried.
How long do I have to fix a minor defect?
The time is written on the notice. If you cannot meet it, stop using the vehicle and get advice.
Related Heavy Vehicle Matters
Received a Heavy Vehicle Defect Notice?
If your truck has been issued with a defect notice, or you've been fined or charged for using a vehicle in breach of one, get advice before you respond. Repeat defect notices can lead to a wider investigation of your business.
The sooner you obtain legal advice, the sooner you can understand your options, protect your business, and put a strategy in place.
Send through what you've received and Eric will be in touch about next steps.
Call Eric 0401 937 269Request a Confidential Consultation
This page is general information only and does not replace legal advice about your specific matter. It was last reviewed in October 2026. The NHVR may update the law, penalties and policies from time to time, so check the NHVR's official publications at nhvr.gov.au.