What to do when RMS NSW issues you with a Notice to Produce or Direction to Produce information or documents.
Firstly, do not ignore the Notice.
RMS NSW have wide ranging powers under the National Heavy Vehicle Law to gather information and obtain documents:
- For compliance check purposes
- If the road transport laws, it is believed, are being breached and will continue to be breached by an Operator or a Driver.
Secondly, make sure the Notice is issued to the correct person or company as they usually are directed at an Operator or a Responsible Person as defined in the road transport laws.
If you assume the Notice is valid, any information or documents provided can be used to establish the elements of an Operator offence or many other offences under the road transport laws, including prosecution of directors of companies for failing to have proper procedures and policies in place to prevent drivers, or others, from breaching road transport laws.
Thirdly, when providing information or documents make sure you take advantage of the relevant protections from incrimination provided in the road transport laws. There are many cases where a Operator or Director of a transport company was charged with breaches of the National Heavy Vehicle Law and subsequently found out you could have been protected against those charges laid against you personally.In some circumstances the information provided and the documents produced allay any concerns RMS NSW may have held about you or your transport operations, but importantly in other cases not so.
Invariably in such cases the RMS NSW may see cause to issue a further Notice called an Improvement Notice (see related article).
Again beware the Notice; ignore at your peril.