NHVR PROHIBITION NOTICES: FROM 2 TO 22. ARE YOU PREPARED?
NHVR Prohibition Notices: 6 Steps to Take | Belinda Hughes posted on the topic | LinkedIn
The NHVR’s increased use of prohibition notices should have every heavy vehicle operator paying attention. A prohibition notice can ground an entire fleet, disrupt contracts and bring a transport business to a standstill.
We are seeing notices issued without operators first having an opportunity to explain their position or respond to the regulator’s concerns.
We have firsthand experience representing operators and directors facing prohibition notices and getting businesses back on the road. If your business receives a prohibition notice, here are six steps to consider:
1. Get legal advice early. Before responding to the regulator or committing to a position, understand the notice and its consequences.
2. Check the legal threshold. Section 576A of the HVNL requires an immediate or imminent serious risk to health or safety. Historical non-compliance alone does not automatically establish that threshold.
3. Request reasons. Understand precisely why the notice was issued and what evidence supports the decision.
4. Consider a review and stay. Challenge the decision where appropriate and consider whether a stay can be sought. Be prepared for delays.
5. Engage with the regulator early. Clarify what is required, negotiate practical solutions..
6. Examine every requirement. Identify what needs to be addressed and gather evidence of compliance or rectification.
Don’t assume compliance automatically means the notice will be lifted. Understand your obligations, identify risks and address compliance concerns before they escalate into enforcement action. Because even when a prohibition notice is successfully challenged, the commercial damage may already be done.
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