Outback Truckers star questions regulator’s DG ruling

When Jim Foody’s truck was pulled over on the Kennedy Highway near Mareeba, he expected a routine inspection.

What unfolded instead was an incident he said raised serious questions about the National Heavy Vehicle Regulator’s (NHVR) understanding of Dangerous Goods (DG) compliance – questions that could have had severe safety implications.

Foody, the owner of Bamaga Transport and star of the popular Outback Truckers TV series, runs a demanding freight operation between Cairns and the tip of Cape York, often carrying LPG gas cylinders for BOC.

Given the nature of his cargo, he ensures his team is well-versed in DG regulations. In December, both he and his driver completed DG licensing to stay updated with the latest safety and compliance requirements. He said that knowledge, however, was ignored when NHVR officers made a surprising demand.

“They pulled my driver over and asked if the gas bottles were empty. When he said yes, they went off, consulted someone over the phone, and came back saying we needed to remove the DG placards,” Foody explained.

“That’s completely against the law. An LPG cylinder is still classified as Dangerous Goods unless it has been purged with nitrogen and certified as empty.”

According to Australian DG laws, gas cylinders – whether full or empty – must remain placarded unless they’ve been professionally purged.

Ignoring this regulation could lead to severe consequences in the event of an accident. Yet, Foody said the NHVR officers insisted the placards be removed, under the reasoning that emergency services needed to know the cylinders were empty.

“This wasn’t just a simple misunderstanding – it was dangerous,” Foody emphasised.

“Had my driver been involved in an accident while descending the Kuranda Range, emergency responders would have had no way of knowing they were dealing with LPG. That’s beyond serious – it’s reckless.”

The NHVR didn’t issue a fine, which Foody believes indicates uncertainty on their part.

“If they were confident in their decision, they would’ve fined us,” he said. “But they didn’t, which tells me they weren’t sure themselves.”

Foody said he’s become increasingly concerned about the knowledge and training of NHVR officers since the regulator took over compliance and enforcement duties in the state in early 2024 – especially when it comes to DG compliance.

“I’ve tried reaching out to them, but no one’s interested in discussing it,” he said.

“I’ve heard similar complaints from others in the industry. It seems like they’re sending out undertrained officers who don’t fully understand what they’re enforcing.”

Bamaga Transport operates in one of Australia’s toughest environments. Roads are brutal, and a single trip can take a severe toll on vehicles. Foody, who has expanded from a small truck-and-dog operation in 2020 to running triple road trains, understands the importance of compliance and maintenance.

“We run up to Bamaga every 12 days in the dry season. The terrain is unforgiving. There are stretches where it takes us six or seven hours to cover just 12 kilometres,” he explained.

“As well as routine maintenance every trip, we do full maintenance every wet season, going over everything to ensure our trucks are in top condition. You can’t take shortcuts up there – it’ll come back to bite you.”

His Isuzu truck, pulled over just 70km from its home depot after a 1000km return trip from Bamaga, was already scheduled for repairs. While he had no issue with the defect notices issued he was frustrated by the officers’ approach.

“They told my driver to drive the truck [with DG placards removed] 70km to the Kenny St Transport Inspection Facility in Cairns so it could have a pit inspection and brake test. All the major defects found were already known to us and occurred on the current trip. But some of the so-called defects they found were absurd.

“The truck is a 2004 model, and they defected it because the dashboard lights didn’t come on when the key was turned to accessory mode. That’s not a fault – it was never designed to do that.”

“We were then told to drive the truck to a repair facility and get it re-inspected before we could use it again, which I have no issue with.”

Foody, who has worked with NHVR officers in the past, has noticed a decline in knowledge and professionalism.

“The first NHVR guys I dealt with were great. They understood compliance and appreciated operators who did their best to stay within the rules. But now, it feels like we’re dealing with a whole new crew who don’t have the training they need.”

The incident on Australia Day, January 26, was the final straw.

“I usually let these things slide, but this time, it felt bigger. If enforcement officers don’t understand the Dangerous Goods Act, they’re putting people at risk.”

He has compiled the exact clauses NHVR officers ignored and is willing to provide them to authorities – if they’re willing to listen.

“I even consulted with the expert who trained us in DG licensing, and he confirmed we were in the right. But NHVR doesn’t seem interested in that.”

Foody isn’t against regulation. In fact, he believes a well-run NHVR benefits the industry.

“When done right, NHVR simplifies things – permits, compliance, and wide loads are all much better managed now. But enforcement needs to be consistent and knowledgeable. Right now, that’s not happening.”

Despite the frustrations, Foody said he remains committed to running a compliant operation, regardless of the challenges posed by regulators.

“We take our responsibilities seriously, but we need regulators who do the same.”

An NHVR spokesperson told Big Rigs that as a safety and customer-focused organisation, the National Heavy Vehicle Regulator is committed to resolving complaints in a timely and professional manner.

“Should an individual have any questions, concerns, or feedback about our service delivery, we encourage them to get in touch.”

The spokesperson said more information about how to make a complaint can be found on its website at nhvr.gov.au/contact-us.

Meanwhile, the National Transport Commission (NTC) is currently conducting the first comprehensive review of the Australian Dangerous Goods Code in 15 years.

Over the coming months, the NTC will host regular webinar ‘drop-in’ sessions to keep stakeholders informed about the feedback received and how it is being incorporated into the draft Code.

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