Missed a Weighbridge? Defending Your Court Attendance Notice
Facing an $8,250 Fine for Failing to Enter a Weigh Station?
The Real Cost of a Heavy Vehicle Safety Station Offence in 2026
If you have bypassed a Trucks Must Enter sign or missed the entry to a weigh station, you aren’t just looking at a minor traffic ticket. Under Section 513(4) of the Heavy Vehicle National Law (HVNL), failing to comply with a direction to stop is a serious offence that is often prosecuted in the Local Court.
For the 2025/26 financial year, the stakes for drivers and transport operators have never been higher. The maximum court-imposed penalties are now:
- Individual Maximum Penalty: $8,250 per offence.
- Corporation Maximum Penalty: $41,250 per offence.
Many drivers receive a Court Attendance Notice (CAN) and assume they have no choice but to plead guilty and cop the fine.
Beyond the immediate hit to your hip pocket, a conviction can have a domino effect on your livelihood. It can trigger NHVR audits of your logbooks, impact your insurance premiums, and leave a permanent mark on your professional driving record.
At Highway Advocates, our priority is keeping you away from those maximum penalties and pushing for results like a Section 10 non-conviction, ensuring a simple mistake doesn’t stall your career.
Why Drivers Trust Our Industry Insider Knowledge
At Highway Advocates, we don’t just study the law; we know the road. Our firm was founded by a former driver, which means we bring a perspective to your case that most city lawyers simply don’t have.
We understand the reality of the cab: the pressure of a delivery window, the glare on the windshield, and the split-second decision required when a Trucks Must Enter sign appears out of the blue.
Our Industry Insider Knowledge allows us to:
- Speak Your Language: We know what happens at the Mt White or Marulan weighbridges because we’ve been through them ourselves. We understand the physical layout and the common points of failure in the system.
- Challenge the Evidence: When the NHVR or Police present their case, we know where to look for the human element. Was the signage obscured by a parked B-double? Was the lane change unsafe due to heavy traffic flow? We ask the questions that only someone with road experience knows to ask.
- Bridge the Gap in Court: Magistrates often only hear the legal side of an offence. We bridge that gap by providing the court with practical, real-world context for why an honest mistake occurred, humanising the driver behind the wheel.
Common Defences for Missing a Weigh Station: Understanding "Reasonable Excuse"
Under the HVNL, the prosecution must prove that you intentionally or negligently bypassed a direction to stop. However, the law also allows for a Reasonable Excuse. Identifying and proving that excuse is where our legal knowledge becomes your greatest asset.
- Identity of the Driver
This is often the strongest starting point. A bypass notification doesn’t always prove who was steering. If you were not the person behind the wheel, you cannot be held responsible for a bypass that occurred while the vehicle was under a different operator’s control or during a driver changeover.
- Signage Visibility and Obstruction
Was the Trucks Must Enter sign obscured by overgrown vegetation, heavy rain, or a larger vehicle in the left-hand lane? At 100km/h, a sign blocked for just three seconds is a sign missed entirely. If a driver cannot safely see the direction, they cannot be expected to follow it.
- Safety Risks of Late Compliance
On high-speed stretches of the Hume or Pacific Highway, attempting a last-second lane change to enter a weighbridge can be a major safety hazard. If entering the station would have endangered you or other road users, we argue that continuing safely was the only viable and responsible option.
Never reverse on a highway to reach a weighbridge; the law recognises that safety must come first.
Don't Risk Your Licence on a Guess
A single phone call could be the difference between a heavy fine and a Section 10 dismissal.
Call Highway Advocates now on 0488 01 01 01 for a free, no-obligation assessment of your case.
Defending Marulan, Mt White, and Pine Creek: Local Knowledge of the Scales
Every weighbridge in NSW has its own physical challenges. We represent drivers across Australia, focusing on the notorious sites where most bypasses occur:
- Marulan Weighbridge (Hume Highway): High traffic volume and short merging lanes can make it dangerous to get across to the entry when you’re heavy.
- Mt White Scales (M1/Pacific Motorway): Steep approaches and poor weather can obscure the signage.
- Pine Creek & Twelve Mile Creek: High-speed areas where Safe-T-Cams can trigger before you’ve even realised the scales were open.
We present the court with the real-world context, the glare, the traffic flow, and the physical layout. We move the conversation from ignoring a sign to an honest and reasonable mistake.
Beyond the Fine: Impact on NHVR Accreditation and CoR
A weighbridge offence is rarely just a one-off ticket. The National Heavy Vehicle Regulator (NHVR) views a failure to enter a weigh station as a red flag for broader compliance issues.
The Risks to Your NHVAS Accreditation
If you or your drivers are convicted, it can trigger a formal review of your National Heavy Vehicle Accreditation Scheme (NHVAS) status. This is a critical risk for businesses operating under BFM (Basic Fatigue Management) or Mass/Maintenance Management. A string of offences can lead to audits, suspension, or total loss of accreditation, costing you major contracts.
Chain of Responsibility (CoR) and Company Liability
Under CoR, authorities can investigate further up the line. If a driver missed the scales because of unrealistic schedules, poor route planning, or a lack of company training, schedulers and managers can be held liable. We provide the advocacy needed to show a bypass was an isolated incident, not a systemic failure.
Section 10 Dismissals and Protecting Your Licence
For most truckies, the goal is avoiding a conviction. In NSW, a Section 10 dismissal is the holy grail. This is where the court finds you guilty but chooses not to record a conviction.
- No Criminal Record: Vital for security clearances and future jobs.
- No Demerit Points: A Section 10 means no points are recorded (in NSW). This can be the difference between staying on the road and a mandatory suspension.
- Clean Compliance: Protects your score with the NHVR and insurance providers.
How Highway Advocates Helps You Avoid a Criminal Record
We don’t just show up. We build a case designed to protect your future.
- Early Intervention: We negotiate with the NHVR or Police early to try and get charges withdrawn.
- Calculated Submissions: We use evidence and references to prove your version of events to the Magistrate.
- Professional Protection: We focus on the disproportionate impact a conviction would have on your professional driving career.
Frequently Asked Questions
While it is a heavy vehicle transport offence, it is prosecuted in the Local Court. If a conviction is recorded, it will appear on your traffic and criminal record.
You are required to nominate the actual driver of the vehicle at the time of the offence. We help operators handle these nominations correctly to ensure they aren't held liable for someone else's mistake.
While Magistrates rarely impose the absolute maximum for a first-time mistake, the risk is still there. We work to keep your fine at the lowest possible end of the scale.
Yes, the NHVR tracks these offences as part of your compliance history. Multiple bypasses can trigger a full audit of your fatigue management and maintenance records.
If you receive a Court Attendance Notice, you or your legal representative must attend the Court. Simply paying a fine isn't an option once a matter is listed for a court hearing.