If you find yourself charged with a breach of the Heavy Vehicle National Law (HVNL) (or any other law, for that matter), you have several options.
You can 'pay the fine or take the time'. You can plead not guilty or, in some circumstances, you might be able to ask the prosecutor to drop the charges by making 'a representation'. A representation is a way of appealing to a prosecutor and suggesting that perhaps he or she should reconsider the charges.
Prosecutors have limited resources and only bring proceedings if they believe they will win. Obviously, they cannot prosecute every breach of every law so they must exercise their discretion about what charges they bring. The touchstone is that it should be in the public interest to bring the charges.
Making a representation is not necessarily a way of asserting innocence, but it should be a submission that states it is not in the public interest to pursue the charges.
In making a representation, you may submit that:
- it was a minor breach, or entirely out of character, and hence not in the public interest to prosecute;
- there is some technical flaw in the charge or evidence, so the prosecution may well fail; or
- in the case of Chain of Responsibility (CoR), there is some other, more culpable party on whom the prosecution should focus. Also that it is in the public interest to pursue the person who caused the breach, not the person who was a victim of the breach.
3 reasons to take care when making representations
Some caution should be exercised in making representations, because:
- You may be showing your hand to the prosecutor.
- Prosecutors take their responsibilities very seriously and don't necessarily welcome being told how to do their job. Representations must be expressed carefully and respectfully.
- Representations rarely succeed, and you must disclose some powerful policy considerations before they will stand a chance.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.