Defendant AS 4263: supervisory intervention order, fatigue, 9 September 2022

Party

Party

Defendant AS 4263. The NHVR publishes court outcomes without the defendant's name.

Role

Role not stated

Reference

AS 4263

The proceeding

Decision

Supervisory intervention order

Court

Goulburn Local Court (Local or Magistrates)

Jurisdiction

New South Wales

Hearing date

9 September 2022

Law

Heavy Vehicle National Law

Provisions

s 325(1), s 296(1), s 297(2)

Offence

Fatigue

Charges

4

Facts

The Accused was charged with the following offences: False or misleading entry in work record - s 325(1) HVNL False or misleading entry in work record - s 325(1) HVNL Fail to record information as prescribed by national regulations - s 296(1) HVNL Fail to record required information after starting work - s 297(2) HVNL The Accused had a record of similar offences. The Accused was represented by a legal practitioner in Court. Upon the plea of guilty, the NHVR tendered written submissions and proposed order in an application by consent for a Supervisory Intervention Order. The application was granted. The presiding Magistrate noted that the offences, coupled with the Accused antecedence were serious, and that the installation of an electronic work diary would foster safe practices by the Accused.

As reported by NHVR.

Penalty

Fine

Not stated

Fines under s 325(1) on the register: $300 to $45,000, median $6,275 across 44 matters. Fines under s 296(1) on the register: $3,500 to $22,300, median $8,865 across 4 matters. Fines under s 297(2) on the register: $3,500 to $45,000, median $9,865 across 4 matters.

Orders

• Supervisory intervention order, 12 months

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)