What are improvement and prohibition notices?
Short answer
An improvement notice requires a person to correct a continuing or repeatable HVNL contravention, while a prohibition notice stops an activity involving a heavy vehicle that presents an immediate or imminent serious safety risk.
Plain English
An improvement notice is directed at a contravention that an authorised officer reasonably believes is likely to continue or happen again. It requires action within a stated period to stop the contravention or remedy the matters that caused it. The usual minimum compliance period is seven days, unless the statutory conditions for a shorter period are met.
A prohibition notice is more urgent. If an activity involving a heavy vehicle presents, or would present, an immediate or imminent serious risk to health or safety, an authorised officer may direct the person controlling the activity to stop it or stop carrying it on in a specified way. The direction can be oral but must be confirmed in writing as soon as practicable.
Both notices must identify their legal basis and reasons. Non-compliance is an offence. An improvement notice can be cleared by a clearance certificate. A prohibition remains effective until an authorised officer is satisfied that the matters giving rise to the risk have been remedied.
What this means operationally
Immediately identify the prohibited or required activity, the legal provision, reasons, compliance time, evidence required and review information. Nominate an accountable manager, control the safety risk, preserve the notice and prepare objective evidence of the remedy.
An internal-review application does not automatically suspend the notice. If continued operation depends on a stay, obtain urgent legal advice about the separate stay process. Do not restart a prohibited activity merely because repairs or procedural changes appear complete; obtain the required confirmation or clearance.
Who it applies to
Any person or business given an improvement or prohibition notice, including operators, loading sites, consignors, employers, contractors and other parties controlling heavy-vehicle transport activities.
Example
A quarry repeatedly releases over-mass combinations because its loading controls cannot establish axle weights. An improvement notice may require the systemic problem to be remedied. If a particular loading activity creates an immediate serious safety risk, a prohibition notice may stop that activity until the risk is removed.
Exceptions and traps
An improvement notice generally specifies the outcome required rather than a single compulsory technical solution. In a prosecution for non-compliance, remedying the contravention in a different way can be relevant under s 573, but the business should not rely on that after the event instead of communicating with the regulator.
A person given either notice can seek internal review within the applicable period, generally 28 days, and may need a separate stay. Western Australia and the Northern Territory have their own domestic enforcement regimes.
Legal foundation
Heavy Vehicle National Law Part 9.4 Divisions 5, 5A and 5B, including ss 571-576E; Chapter 11 internal review and appeal provisions
Sources & primary documents
- www.legislation.qld.gov.au/view/whole/html/inforce/current/act-2012-hvnlq
- www.nhvr.gov.au/law-policies/investigations/issuing-a-notice
- www.nhvr.gov.au/law-policies/internal-review
WWTG verification: Queensland legislation, NHVR
Frequently asked questions
What triggers an improvement notice?
A reasonable belief that an HVNL contravention has occurred or is occurring in circumstances making continuation or repetition likely.
What triggers a prohibition notice?
An activity involving a heavy vehicle that creates, or would create, an immediate or imminent serious health or safety risk.
Can a prohibition direction be oral?
Yes, but it must be confirmed by written notice as soon as practicable.
Does applying for review pause the notice?
No. A review application does not itself stay the decision; a separate stay may be required.
How does an improvement notice end?
An approved authorised officer may issue a clearance certificate stating that all or specified requirements have been met.