Notice to Produce
Heavy Vehicle Driver, Operator and Director Offences in NSW, QLD, VIC, SA, TAS and ACT
What is a Notice to Produce?
A Notice to Produce under the Heavy Vehicle National Law (HVNL) is a formal demand issued by Transport for NSW, the NHVR or other state regulators requiring heavy vehicle drivers and operators across NSW, QLD, VIC, SA, TAS and ACT to provide specific documents within a set timeframe. Responding to an NHVR Notice to Produce correctly is essential to avoid fines or chain of responsibility penalties.
These notices are a key compliance tool used by the NHVR. The notices can ask you to produce:
- Work diary and fatigue records
- Load, mass and dimension documentation
- Vehicle maintenance and inspection logs
- Drivers licences and accreditation details
- Operator or business compliance records
Failing to comply with a Notice to Produce without a reasonable excuse, or providing false or incomplete information, may result in serious fines, chain of responsibility investigations and court proceedings across any jurisdiction.
Common Types of Documents Requested
- Fatigue Management Documents – These require you to produce driver work diaries and rest break logs to prove compliance with HVNL fatigue management rules for heavy vehicle operators.
- Mass and Dimension Documents – Issued to confirm compliance with load, mass and dimension limits, often requiring consignment notes, weighbridge tickets or load restraint documents.
- Maintenance and Defect Documents – These request evidence of vehicle inspections, repairs and maintenance schedules to ensure roadworthiness and safety compliance.
- Operator Compliance Documents – Sent to heavy vehicle operators and company directors seeking records related to Chain of Responsibility (CoR) obligations, including policies, procedures or driver training records.
- General Information Requests – Issued under HVNL s 569, requiring production of any document relevant to an ongoing investigation or compliance audit.
Why Notices to Produce Matter
Receiving a Notice to Produce from NHVR or state transport regulators is a serious matter and should be dealt with as such. It is often the first indication that the regulator has begun an audit or compliance investigation into your company. You need to be aware of:
- Compliance investigations
- License and accreditation risks
- Chain of responsibility exposure
- Financial and legal consequences
- Operational disruption
Penalties for Non-Compliance Across States & Territories
State | Maximum Penalty (Individuals) | Maximum Penalty (Corporations) |
NSW | $8,250.00 | $41,250.00 |
QLD | $8,250.00 | $41,250.00 |
VIC | $8,250.00 | $41,250.00 |
SA | $8,250.00 | $41,250.00 |
TAS | $8,250.00 | $41,250.00 |
ACT | $8,250.00 | $41,250.00 |
Why Transport Companies Choose Highway Advocates
At Highway Advocates, we are the only Australian law firm that specialises exclusively in Heavy Vehicle Law – and the only law firm founded by a truck driver.
That gives us a unique combination of legal skill and real-world transport experience. We understand the pressures drivers and operators face, and we know what’s at stake when the NHVR is investigating you.
We don’t judge operators – we defend them.
Frequently Asked Questions
Read the notice carefully. Note the date of production. Call Highway Advocates immediately on 0488 01 01 01. Ignoring the notice can lead to an offence.
The time and place in the Notice of Production must give you a reasonable opportunity to produce the documents. In some circumstances, we can negotiate with the NHVR to gain you more time.
If you are unable to produce the documents, you must have a reasonable excuse.
No. Under the Heavy Vehicle National Law, it is not a reasonable excuse to refuse to produce documents because the documents might tend to incriminate you or make you liable for an offence.
Yes. Corporations face higher fines and may be investigated under chain of responsibility laws.
Some notices are defective, invalid or request documents outside the NHVR’s scope of authority. It is important to speak to us so these issues can be identified early.
Keep copies. Evidence of prior submission can be used to request withdrawal of the infringement.
Providing incomplete or incorrect records may lead to a further investigation and increased penalties.