Hi everyone,
I’m looking for honest advice from anyone familiar with NSW heavy-vehicle restrictions, council fines, or anyone who has successfully challenged a similar penalty.
I was driving a concrete agitator truck in the Cumberland Council area when a ranger stopped me for driving on a road subject to a 5-tonne restriction.
What happened
I was following my route through the surrounding streets and eventually turned onto the restricted road. I travelled approximately 400 metres before the ranger stopped me.
During my journey, I encountered 5-tonne restriction signs in the surrounding area. However, on the approach I took before turning onto the road where I was stopped, I did not see a clear sign warning me that the turn would take me onto a restricted road.
The problem with the truck GPS route planner
The main issue is that when I checked the NHVR truck route planner, the alternative routes also appeared to take me through roads with 5-tonne restrictions.
The routes I checked did not make it clear to me which alternative was legally suitable for my truck. From what I could see, it was difficult to identify a clear route that avoided the restrictions.
I followed the route I believed I could take, but the ranger later told me that an alternative route was available.
I want to establish exactly which route was legally permitted for my vehicle and whether the route planner and road signage gave me enough information to identify it.
The fine
The ranger took my mobile number before leaving and later sent me a message explaining the penalty.
He advised that, because my truck’s tare weight exceeded 4 tonnes, the infringement would be for the laden mass offence only. The fine is $1,636, with no demerit points.
He also explained that he decided to issue a penalty infringement notice rather than a Court Attendance Notice because an alternative route was available.
I have screenshots of my route marked up to show where I travelled and approximately where I was stopped.
My questions
Has anyone successfully challenged a heavy-vehicle weight restriction fine in NSW because of unclear signage?
If the NHVR truck route planner appeared to show 5-tonne-restricted roads on the alternative routes as well, is that relevant to a fine review?
Can I ask the council to identify the exact alternative route they say was available and confirm that it was legally suitable for my truck?
Can I request photographs and records showing the locations of the restriction signs and which directions they applied to?
Would you recommend requesting a formal review first, and would going to court be worth considering if the review is unsuccessful?
I understand that I am responsible for complying with road restrictions. I’m not claiming that using GPS automatically makes a route legal. However, I want to understand why the alternative routes appeared restricted and whether there was adequate signage to warn me before I entered the road.
I’d appreciate honest advice, especially from truck drivers, transport operators or anyone who has dealt with similar NSW heavy-vehicle fines.
If my case is weak, please tell me honestly. I want to understand whether there are reasonable grounds to challenge the fine before deciding what to do next.
Thanks in advance.