FAQ'S

What are the penalties for exceeding mass limits on my vehicle?

Overloading your truck can land you in hot water. Fines for going over mass limits can range from a few hundred bucks to thousands, depending on how far over the limit you are. In some cases, you might even have your truck grounded until the excess load is sorted. Plus, you could face extra penalties if the overloading causes damage to roads or infrastructure. Its important to note that the penalty for companies is five times more than the penalty for an individual.

How do I appeal a demerit point suspension or licence cancellation?

If you’ve had your licence cancelled for medical reasons, or you’ve copped enough demerit points to lose your licence, you can usually appeal the decision in court. But you’ve got to move fast—there’s a time limit, 28 days from when you get the notice. It’s best to get legal advice straight away to help you lodge the appeal and fight for your licence.

What should I do if I’m pulled over for a roadside inspection?

If you get pulled over, stay calm and cooperative. The officer will likely want to check your logbook, permits, and the truck itself. Make sure all your paperwork is in order and your truck’s in good nick. Don’t admit to any wrongdoing on the spot—if there’s an issue, it’s best to speak with a lawyer before saying too much.

How much rest time am I legally required to take under fatigue management laws?

The rules around rest breaks depend on what fatigue management system you’re working under. Under standard hours, you can drive up to 12 hours a day but need to take regular breaks and at least 7 continuous hours off for sleep. It’s vital to keep track of these breaks in your logbook to avoid breaching fatigue management laws.

Can I be fined or lose my licence for logbook errors?

Yes, even simple logbook errors can lead to fines. If authorities think you’ve intentionally fiddled with the records, you could face harsher penalties, including losing your licence. That’s why it’s super important to keep everything accurate and up to date—no shortcuts.

What should I do if my vehicle is found to be unsafe during a random inspection?

If your truck is found to be unsafe during an inspection, the authorities might ground it on the spot. You’ll need to get it fixed before you’re allowed to drive again. If the issue is something that should’ve been dealt with by your employer, make sure they take responsibility for getting it sorted.

What is the process for challenging a heavy vehicle infringement notice?

If you think you’ve been unfairly given an infringement notice, you can challenge it. The first step is usually contacting the issuing authority to review the notice. If that doesn’t work, you may need to take it to court. Get legal advice early on to boost your chances of a successful challenge.

What happens if my employer doesn’t maintain the truck, and it fails a compliance check?

If your truck fails a compliance check due to poor maintenance, your employer might be held responsible, but that doesn’t mean you’re off the hook. If you knew there was an issue and kept driving anyway, you could also face fines or penalties. It’s always best to report any problems to your boss and refuse to drive an unsafe vehicle.

Can I refuse a load if I believe it’s not properly secured or safe to transport?

Absolutely. If you think a load is unsafe, you have the right to refuse to transport it. Under Chain of Responsibility (CoR) laws, you shouldn’t be forced to drive if it puts you or others at risk. Raise the issue with your boss and don’t hit the road until you’re sure everything’s safe.

How do I respond to a Notice to Produce issued by authorities?

A Notice to Produce means you’re being asked to provide certain documents, like your logbook or permits. Make sure you respond within the given time frame and provide everything requested. If you’re not sure what’s needed or think there’s a mistake, give Big Rig Law a call—we’re here to help sort it out.

What are the legal consequences if I’m caught driving over the speed limit in a heavy vehicle?

Penalties for speeding vary depending on the state you are caught in. Speeding in a heavy vehicle is no joke. Depending on how far over the limit you are, you could even lose your licence. Remember, it’s you who will be held responsible, not your employer, even if they pressured you into driving faster to meet a deadline. So slow down and comply with the speed limit.

What are my obligations under the Chain of Responsibility (CoR) laws?

Under CoR, it’s not just the driver who’s responsible—everyone in the transport chain has a duty to make sure things are done safely and legally. This means schedulers, loaders, operators, and others need to play by the rules, too. If something goes wrong, anyone in the chain could be held responsible, not just the driver.

What are the legal requirements for keeping my logbook up to date?

Your logbook is like your diary on the road—it tracks your hours of work and rest. You need to make sure every entry is accurate and up to date, showing the correct times for when you’re driving and when you’re resting. Mess up here, and you could face fines or worse, especially if the authorities think you’re not playing by the fatigue management rules.

Can I be held responsible if my employer forces me to drive while fatigued?

Yes, you can still be held responsible if you drive while fatigued, even if your employer is pushing you. CoR laws mean everyone has to do their part, but at the end of the day, you’re the one behind the wheel. If you’re being pressured to break the rules, it’s worth raising the issue before it becomes a problem.

What happens if I’m caught driving a truck with an insecure or overweight load?

If you’re caught with an insecure or overweight load, you could face hefty fines, and your vehicle might even be taken off the road until things are sorted. Insecure loads are a big deal because they’re a danger to everyone on the road. If you’re not the one responsible for loading the truck, don’t just drive off—check that everything’s secure before hitting the road.

What documents do I need to carry for oversize or overmass loads?

If you’re carrying an oversize or overmass load, you’ll need special permits and possibly some additional paperwork, like route approvals or escort requirements. Keep these documents in the truck and make sure they’re valid for the load and journey you’re doing. If you get pulled over and don’t have them, it’s likely you’ll be fined or forced to offload.

What are the regulations around speed limiters in heavy vehicles?

Heavy vehicles over 12 tonnes must have speed limiters fitted, capping the truck’s speed at 100 km/h. If you’re caught tampering with the limiter or driving a vehicle without one, the penalties can be steep—both for you and your employer.

Am I liable for accidents caused by improper loading if I didn’t load the truck myself?

Yes, even if you didn’t load the truck, you can still be held responsible if the load isn’t secure. It’s part of your job to check that everything’s properly restrained before you hit the road. If you think something’s not right, speak up before taking off.

What are the requirements for transporting dangerous goods in Australia?

Transporting dangerous goods comes with extra rules. You’ll need to be properly trained and carry a valid dangerous goods license. Your truck must also have the right safety equipment, and the goods need to be labeled and secured correctly. The penalties for getting this wrong can be severe, so make sure you’re across all the regulations.