When the RMS come knocking

Is it trespass?

Do you unwittingly consent to the entry of RMS NSW officers to your depot and office premises?

The National Heavy Vehicle Laws give RMS NSW officers extensive powers to enter transport depots and office premises for investigation and compliance purposes.

That doesn’t mean you cannot refuse entry!

All parties in the chain of responsibility have an obligation to co-operate with the regulators of the transport industry and this includes RMS NSW.

However, that obligation applies equally to RMS NSW officers as it does transport operators.

So you are entitled to request identifications of RMS NSW officers and any document relied upon to enter the depot – after all guests whether they are invited guests or uninvited guests remain your responsibility for the purposes of WHS so you are responsible for the safety of RMS NSW officers while they remain at the depot.

If the visit by RMS NSW is problematic or likely to cause unreasonable disruption to the transport operations for that day, you are entitled to request the RMS NSW officers come back at a mutually agreed time so that you can set aside the required time in order to co-operate with whatever lawful purposes have required them to visit or inspect the depot and/or your office premises.

More often than not, unless a search warrant is obtained by RMS NSW, the details regarding the documents and information required by RMS NSW can be emailed to you and a time to meet agreed upon which will give you time to copy the information or documents required by the Notice to Provide Documents or Information or the Direction to Produce Documents (see related article on Notices).

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