This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Heavy Vehicle National Law (NSW)

Heavy Vehicle (Adoption of National Law) Act 2013

This Act makes provision for a national scheme for facilitating and regulating the use of heavy vehicles on roads. Section 4 applies as a law of NSW the Heavy Vehicle National Law, as amended from time to time, set out in the schedule to the Queensland Heavy Vehicle National Law Act 2012. The contents of that schedule are to be referred to as the Heavy Vehicle National Law (NSW) and apply as if an Act of the NSW Parliament. The National Heavy Vehicle Regulator is responsible for the conduct of prosecutions relating to heavy vehicles under the Heavy Vehicle National Law. The Heavy Vehicle National Law — Guide for judicial officers and legal practitioners, updated to April 2023, is available on JIRS. For general commentary regarding NSW road transport legislation, see [2-000].

Jurisdiction

The Local Court is declared by s 14 Heavy Vehicle (Adoption of National Law) Act 2013 to be the relevant tribunal or court for NSW. Penalties in the Heavy Vehicle National Law (NSW) (National Law) are expressed in monetary maximum amounts. Section 596(2) National Law states that where a maximum fine appears, it shall only be taken to be the maximum fine for an individual. The maximum fine for a “body corporate” found guilty of the offence is 5 times the maximum fine for an individual: s 596(3) National Law.

Section 27F Heavy Vehicle (Adoption of National Law) Act 2013 prohibits the application of s 10 Crimes (Sentencing Procedure) Act 1999 if that section has been applied to an applicable heavy vehicle offence during the period of 5 years immediately before the court’s determination.

Each of the following is an applicable heavy vehicle offence:

Heavy Vehicle National Law (NSW)

Jurisdiction

Section 707: Proceedings for offences against the National Law are to be dealt with summarily before a court of summary jurisdiction and must be commenced either within 2 years of the commission of the offence or within 1 year after the offence comes to the complainant’s knowledge (but within 3 years after the commission of the offence).

Penalties court may impose

Section 593: Courts may impose any one or more of the penalties in Pt 10(3). The court must take into account the “combined effects” of the penalties imposed.

Section 594: In deciding sanctions, including the level of fine, mass, dimension or loading requirement matters the court is required to consider risks of accelerated road wear, damage to road infrastructure, increased traffic congestion, diminished public amenity and unfair commercial advantage.

Section 597: Commercial benefits penalty order — an amount, as a fine, not exceeding 3 times the court’s estimate of the gross commercial benefit receivable from the commission of the offence.

Section 598: Power to cancel or suspend vehicle registration.

Section 600: Supervisory intervention order — requiring the convicted person, at their own expense, and for not more than one year to do things the court considers will improve compliance with the law, or provide reports etc.

Section 607: Prohibition order — preventing the convicted person, for not more than one year, from having a stated role or responsibility associated with road transport.

Section 611: Compensation order — an amount the court considers appropriate for damage to road infrastructure.

Categories of breaches

The National Law categorises breach as minor risk breaches, substantial risk breaches, severe risk breaches or in relation to maximum work or minimum rest standards, critical risk breaches. Penalties are escalated accordingly.

Defences

Statutory defences are set out in Div 3 of Pt 10.4.

Offences by corporations or other bodies

Note: Section 596(2) National Law states that where a maximum fine appears, it shall only be taken to be the maximum fine for an individual. The maximum fine for a “body corporate” found guilty of the offence will be 5 times the maximum fine for an individual: s 596(3) National Law. (Note definition of “operator” in s 5). Monetary penalties are not expressed in penalty units.

The National Law is a complex and detailed code containing a large number of specific strict liability offences. It is not practical to reproduce all penalty provisions here. What follows is designed to provide an indication of the typical structure of penalties with particular regard to those matters that may be heard in NSW Local Courts. See also Schedule of Infringement Penalties and Demerit Points - 1 August 2026 to 30 June 2027.