Has the NHVR contacted you or your business?
Received an investigation letter, a request for documents or an invitation to an interview? Get advice about what is being requested, your obligations and how to respond.
Eric Navea Legal advises and represents transport operators, logistics businesses, fleet owners, directors, executives and heavy vehicle drivers during NHVR investigations across Sydney and NSW.
The NHVR's Investigations team prioritises Chain of Responsibility parties where a failure to meet the primary safety duty, or another significant breach of the Heavy Vehicle National Law, is identified.
If you have received an investigation letter, statutory notice, request for information or contact from an NHVR investigator, speak with Eric before making important decisions about your response.
An NHVR investigation may begin with a letter, telephone call, request for information, statutory notice, request for an interview or contact following an incident involving a heavy vehicle.
What appears to be a straightforward request can raise broader questions about your business systems, records, employees, management and compliance with the Heavy Vehicle National Law.
Before responding, it is important to understand:
Eric can review what you have received, explain your obligations and help your business prepare an accurate and properly considered response.
The NHVR says its investigations follow the Australian Government Investigations Standards and the principles of natural justice. In practice, that means an investigation should be:
The NHVR also says it will make individuals and companies aware when their transport activities are under investigation.
That chance to be heard matters. A well-prepared response, put forward at the right time, can influence how the matter ends.
Every investigation is different. Depending on the circumstances, an NHVR investigation may involve:
Most NHVR investigations involve Statutory Notices issued under sections 569, 570 or 570A of the Heavy Vehicle National Law, requiring documents, records or information within a set period. Failing to comply with a Statutory Notice is an offence.
Investigators may request information about an incident, vehicle, driver, journey, company procedure or transport activity.
Directors, managers, employees, drivers or other parties may be asked to participate in an interview or meeting with investigators.
NHVR investigators may enter business premises for monitoring or investigation purposes, with or without consent. You are likely to be asked to provide reasonable help while they are there.
The investigation may extend beyond one vehicle or driver and examine scheduling, fatigue management, maintenance, loading, training, supervision, record-keeping and safety systems.
The investigation may consider the conduct of the company together with directors, executives, managers, employees and other parties in the Chain of Responsibility.
Heavy vehicle legal representation is not limited to defending charges after a matter reaches Court. Eric can become involved from the first contact with the NHVR.
Eric will review the investigation letter, statutory notice, request for information or other correspondence and identify the immediate issues.
You will receive clear advice about what is being requested, applicable deadlines and what your business may be legally required to provide.
Eric will consider the position of the business and any potential exposure involving directors, executives, managers, employees or drivers.
Where appropriate, Eric can communicate with investigators on your behalf, clarify requests and manage the legal aspects of the investigation.
Eric will help your business understand the allegations, identify the important evidence and develop a strategy for responding to the investigation.
If the matter is referred for prosecution, Eric can review the prosecution case, advise on available options and represent the company or individuals in Court.
Eric provides NHVR investigation advice and representation for:
An investigation involving one driver or vehicle can raise broader issues for the entire transport operation. Eric can assess the position of the business as well as the individuals involved.
Legal help for transport businessesIf you have received something from the NHVR, send it to Eric for review.
0401 937 269Identify when the NHVR requires a response. Do not ignore correspondence or assume that a deadline is optional.
Keep potentially relevant documents, messages, electronic records, work diaries, schedules, policies and other material. Do not alter, destroy or recreate records.
Do not guess, provide incomplete information or send documents before understanding what has been requested and what your obligations are.
Nominate one person within the business to manage correspondence and document requests so the response remains consistent and organised.
Early advice allows the request, evidence and potential exposure to be considered before important decisions are made.
An NHVR investigation does not automatically mean that Court proceedings will be commenced. Depending on the evidence and circumstances, possible outcomes include:
The appropriate strategy will depend on the allegations, the available evidence, the business systems in place and how the matter develops.
Eric’s role is to help you understand the investigation, respond properly and protect your position throughout the process.
Provide the NHVR letter, statutory notice, request for information or other relevant documents.
Eric will identify the immediate issues, important deadlines and any further information needed to assess the matter.
You will understand what the NHVR is asking, your available options and the recommended next step.
Eric can communicate with investigators, help prepare your response, advise throughout the investigation and represent you if the matter proceeds to Court.
Maximum penalty $41,250.
Result: $1,000 fine plus costs.
Case outcomes depend on the individual facts and circumstances of each matter. Past results do not guarantee or predict future outcomes.
See Results for Transport Operators →Practical guides from Eric Navea, written for transport businesses and drivers.
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An NHVR investigation involves the gathering and examination of information and evidence relating to a possible breach of the Heavy Vehicle National Law. It may focus on the conduct of a driver, a transport business, its management or other parties in the Chain of Responsibility.
The NHVR says it will make individuals and companies aware of an ongoing investigation into their transport activities. If you have received a letter, notice or call from an investigator, obtain legal advice before you respond.
Take note of any deadline and obtain legal advice before providing documents or detailed information. Eric can review the letter, explain what is being requested and advise you on the appropriate response.
Yes. Failing to comply with a Statutory Notice issued under the Heavy Vehicle National Law is an offence, and notices usually have strict deadlines. Obtain advice about the scope of the notice, what must be provided and how the response should be prepared.
Potentially. Depending on the circumstances, an investigation may examine the conduct of the company together with its directors, executives, managers, employees, drivers or other parties in the Chain of Responsibility.
Yes. During an investigation, NHVR investigators may enter business premises for monitoring or investigation purposes, with or without consent, and you are likely to be asked to provide reasonable help. Obtain advice immediately if investigators attend your premises.
Legal professional privilege may apply to certain confidential communications created for the dominant purpose of obtaining legal advice or dealing with existing or anticipated litigation. It does not automatically protect every document involving a lawyer, and a valid claim must be properly established. The NHVR has said it will not accept blanket claims of privilege.
No. Early advice is preferable, but Eric may still be able to assist after documents or information have been provided. He can review what has already occurred, assess the present position and advise on the next step.
Depending on the circumstances, Eric can communicate with investigators on your behalf, clarify requests, help coordinate the response and manage the legal aspects of the investigation.
There is no standard timeframe. The NHVR says the duration depends on how complex the alleged breaches are and the risks involved. Complex matters generally take longer, while some high-risk matters are dealt with quickly.
If prosecution is being considered or Court proceedings commence, Eric can review the allegations and evidence, advise on available options, negotiate with the prosecution where appropriate and represent the business or individuals in Court.
If the NHVR has contacted you or your business, obtain advice before making important decisions about your response.
Call Eric 0401 937 269This 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.
